Madras High Court
Chitra vs G.Bala Murugan on 20 April, 2021
CMA.No.4420 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4420 of 2019
(Through Video Conferencing)
1.Chitra
2.Manimegalai
3.Thamizh Selvan (Minor)
4.Sarulatha (Minor)
5.Santhosh (Minor)
(Minor Appellants 3 to 5 are represented
by their mother and natural guardian
Chitra)
6.Pattammal ... Appellants
Vs.
1.G.Bala Murugan
2.The New India Assurance Company Limited,
Motor Third Party Cell Office,
No.1, 5th Floor, Moore Street,
Parrys, Chennai – 600 001. ... Respondents
Civil Miscellaneous Appeals filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 03.01.2019 made
in M.C.O.P.No.7616 of 2014 on the file of Special Sub Court No.1, Small
Causes Court, Chennai.
https://www.mhc.tn.gov.in/judis/
CMA.No.4420 of 2019
For Appellant : Mr.Amar.D.Pandiya
For R1 : No Appearance
For R2 : G.Anandan
JUDGMENT
The claimants are the appellants in this Civil Miscellaneous Appeal.
They are aggrieved by the impugned Judgment and decree dated 03.01.2019
passed by the Motor Accident Claims Tribunal, Special Court No.1, Small
Causes Court, Chennai in M.C.O.P.No7616 of 2014.
2. By the impugned Judgment and Decree, the Tribunal has awarded a
sum of Rs.15,60,000/- together with interest at 7.5% per annum from the
date of filing of the claim petition till the date of deposit, to the
appellants/claimants.
3. The break up of the amount awarded by the Lower Court are
summarised below:-
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CMA.No.4420 of 2019
S.No Heads of compensation Amounts awarded by
. the Tribunal
1 Total loss of dependency Rs.12,60,000/-
2 Loss of Consortium Rs.40,000/-
3 Loss of Love and Affection Rs.2,25,000/-
4 Loss of Estate Rs.15,000/-
5 Transport charges Rs.5,000/-
6 Funeral expenses Rs.15,000/-
Total Rs.15,60,000/-
4. Aggrieved by the said compensation, the appellants/claimants
have filed this Civil Miscellaneous Appeal for enhancement of
compensation.
5. It is the case of the appellants that on 07.09.2014 at about 07.00
hrs. while the deceased Ramesh returning to his house from MRF to
Itchiputtur at Arakkonam to Thiruthani road opposite to Annamalai puram
Petrol Bunk, a insured motor cycle bearing Reg.No.TN.21.AP.9456 came in
same direction in a rash and negligent manner and knocked him down, as a
result of which, he was thrown out and sustained multiple injuries and
admitted in the Govt. General Hospital and later died on 10.09.2014.
Therefore, the appellants-claimants filed the above claim petition in
M.C.O.P No.7616 of 2014 for compensation.
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CMA.No.4420 of 2019
6. The learned counsel for the appellants submits that the Tribunal has
considered the notional income of the deceased as Rs.8,000/- against
Rs.9,000/-. He further submits that the deceased was aged about 43 years
and working as a labour in Madras Rubber Factory MRF and supporting a
large family. Hence, prays for enhancement of compensation.
7. Defending the impugned Judgment and decree, the learned
counsel for the 2nd respondent Insurance Company submits that the
Tribunal has come to the fair conclusion on facts and awarded just
compensation. It is further submitted that the Tribunal has correctly
considered a notional income of Rs.8,000/- per month of the deceased for
determing and awarding the aforesaid compensation to the claimants. He
further submits that the amount awarded towards loss of love and affection
can be restricted to Rs.2,00,000/- (Rs.40,000 x 5). Hence, he prays for
dismissal of this appeal.
8. I have considered the arguments advanced by the learned counsel
for the appellants and the 2nd respondent Insurance company and I have also
perused the impugned Judgment and decree passed by the Tribunal and
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CMA.No.4420 of 2019
exhibits filed in support of the claim petition.
9. The Tribunal has determined the income of the deceased as
Rs.8,000/- p.m. as against the claim of the appellants that the deceased was
earning a sum of Rs.9,000/- per month. In my view, the Tribunal has
wrongly considered the notional income of the deceased as Rs.8,000/- p.m.
The deceased is said to have been working as a Labour in Madras Rubber
Factory MRF. Considering the fact that the deceased was aged about 43
years and the accident is of the year 2014. Therefore, in absence of direct
evidence to show that the deceased was earning a sum of Rs.8,000/- p.m,
this Court is inclined to assume the notional income of the deceased as
Rs.9,000/- for determining just compensation. Accordingly, the
compensation awarded by the Tribunal is re-computed as follows:-
Sl. Heads of Amount Amount Award
No. Compensation Awarded by awarded by this Confirmed or
the Tribunal Court enhanced
1. Total loss of Rs.12,60,000/- *Rs.14,17,500/- enhanced
dependency
2. Loss of Consortium Rs.40,000/- Rs.40,000/- confirmed
3. Loss of Love and Rs.2,25,000/- Rs.2,25,000/- confirmed
Affection
4. Loss of Estate Rs.15,000/- Rs.15,000/- confirmed
5. Transport charges Rs.5,000/- Rs.5,000/- confirmed
6. Funeral expenses Rs.15,000/- Rs.15,000/- confimed
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CMA.No.4420 of 2019
Sl. Heads of Amount Amount Award
No. Compensation Awarded by awarded by this Confirmed or
the Tribunal Court enhanced
Total Rs.15,60,000/- Rs.17,17,500/- Rs.15,60,000/-
enhanced to
Rs.17,17,500/-
* (9000 x 25% x 3/4 x 12 x 14)
10. Therefore, the 2nd respondent -Insurance Company is directed
to deposit the enhanced compensation of Rs.17,17,500/- together with
interest at 7.5% from the date of claim petition till the date of such deposit,
less any amount already deposited, to the credit of M.C.O.P.No.7616 of
2014 on the file of the Motor Accident Claims Tribunal, Special Sub Court
No.1, Small Causes Court, Chennai, within a period of six weeks from the
date of receipt of a copy of this Judgment.
11. On such deposit being made by the learned counsel for the 2nd
respondent – Insurance Company, the 1st, 2nd and 6th appellants are
permitted to withdraw their respective shares in the same proportion as was
ordered by the Tribunal, together with interest accrued thereon, less any
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CMA.No.4420 of 2019
amount already withdrawn, by filing suitable application before the
Tribunal.
12. Since the appellants 3 to 5 are aged about 16, 14, and 12 years
respectively at the time of filing of the claim petition and they would have
attained the age of majority, the appellants 3 to 5 are permitted to file
appropriate application for recording the age of majority and to withdraw
the compensation amount together with interest thereon, less any amount
already withdrawn, by filing suitable application before the Tribunal.
However, there were no interest during the delay of 101 days in preferring
this appeal.
13. Accordingly, this Civil Miscellaneous Appeal is partly allowed
with the above observations. No cost.
20.04.2021
drl
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
CMA.No.4420 of 2019
To:
1.The Motor Accidents Claims Tribunal,
Special Sub Court No.1,
Small Causes Court, Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.No.4420 of 2019
C.SARAVANAN, J.
drl
C.M.A.No.4420 of 2019
20.04.2021
https://www.mhc.tn.gov.in/judis/
