Madras High Court
Thailee vs N.Senthilkumar on 20 April, 2021
C.M.A.No.1350 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1350 of 2021
1.Thailee
2.Sumathi
3.Kamalraj (Minor)
S/o Ammasi (3rd Appellant minor
represented by mother and natural
guardian 1st Appellant)
4.Kaveriyammal
5.Palaniyammal
6.Ramasamy (died)
7.Kumaravel
8.Gunasekaran ... Appellants
Vs.
1.N.Senthilkumar
2.The Branch Manager,
National Insurance Company Ltd,
Branch Office, 1st Floor,
Karthikeyan Complex, 430,B-10
Mettur Main Road, Bhavani,
Erode – 638 302. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the fair and decreetal order dated 27.03.2019
made in M.C.O.P.No.6 of 2013, on the file of the Motor Accidents
Claims Tribunal, learned Sub-Judge, Sangari.
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C.M.A.No.1350 of 2021
For Appellant : Mr.S.Parthasarathy
For Respondent : M/s.R.Sreevidhya for R2
JUDGMENT
The claimants are the appellant in this appeal. They are aggrieved
by the impugned Judgment and decree dated 27.03.2019 passed by the
Motor Accidents Claims Tribunal, I learned Sub-Judge, Sangari.
2.The Tribunal has awarded a sum of Rs.15,00,000/- as
compensation has detailed below:
Future Prospects Rs.10,70,000.00
Loss of Consortium Rs. 40,000.00
Loss of Love and affection Rs. 3,50,000.00
Transportation Charges Rs. 10,000.00
Loss of Estate Rs. 15,000.00
Funeral Expenses Rs. 15,000.00
Total Rs.15,00,000.00/-
3.They have sought for enhancement of compensation awarded by
the Tribunal, on account of the death of the deceased who was aged
about 60 years.
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C.M.A.No.1350 of 2021
4.It is stated that the deceased was earning a sum of Rs.15,000/-,
but the Tribunal has considered only a sum of Rs.9,000/- for determining
the compensation. It is submitted that deceased was weaver and his
family consisted of himself his wife, his parents and grand parents.
5.The learned counsel for the 2nd respondent/Insurance Company
submits that the impugned order passed by the Tribunal is well-reasoned
and requires no interference.
6.Heard the learned counsel for the appellant and the respondent.
7.I have also perused the impugned judgment and decree and the
exhibits marked before the Tribunal.
8.In my view, the Tribunal has awarded a just compensation in
facts and circumstances of the case. The Tribunal has awarded a sum of
Rs.3,50,000/- as compensation for Loss of Love and affection for
claimants 1 to 6 and separately another sum of Rs.40,000/- towards Loss
of consortium. Though the Tribunal has concluded the notional income
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C.M.A.No.1350 of 2021
has awarded a sum of Rs.10,70,000/- along with Notional Income of
Rs.9,000/- per month, the compensation awarded by the Tribunal appears
to be just compensation. Even, if notional income of Rs.11,000/- and
12,000/- is concerned. In view of the above, over all amount awarded
by the Tribunal, there is no case made out for enhancement of the
compensation is confirmed and the Appeal claimed by the claimant is
dismissed.
9.The 2nd respondent/Insurance Company is therefore directed to
deposit the compensation awarded by the Tribunal, together with interest
at 7.5% per annum from the date of the claim petition till the date of
such deposit, less any amount already deposited by it, within a period of
six weeks from the date of receipt of the copy of this Judgment.
10.On such deposit, the 1st, 2nd 4th, 5th, 7th and 8th
appellants/claimants are entitled to withdraw their amount together with
interest as directed by the Tribunal, together with cost by filing suitable
application before the Tribunal.
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C.M.A.No.1350 of 2021
11. Since the 3rd appellant/3rd claimant is stated to be minor at the
time of filing of the claim petition, his share shall be deposited in an
interest bearing account and the interest shall be allowed to be
withdrawn by his mother/1st appellant for the benefit of the 3rd
appellant/3rd claimant minor. On attaining the age of majority, the 3rd
appellant/3rd claimant may file appropriate application before the
Tribunal for withdrawing his share of compensation.
12.In the light of the above, the impugned Judgment and Decree
passed by the Tribunal is confirmed and the appeal filed by the
appellant/claimant is dismissed. No costs.
20.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.1350 of 2021
C.SARAVANAN, J.
jas
To:
1.The Branch Manager,
National Insurance Company Ltd,
Branch Office, 1st Floor,
Karthikeyan Complex, 430,B-10
Mettur Main Road, Bhavani,
Erode – 638 302.
2.The Motor Accidents Claims Tribunal,
Learned Sub-Judge, Sangari.
3.The V.R.Section,
Madras High Court, Madras.
C.M.A.No.1350 of 2021
20.04.2021
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