Madras High Court
Jayanthi vs D.Ganesan on 21 April, 2021
CMA.No.4162 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4162 of 2019
(Through Video Conferencing)
1.Jayanthi
2.Radhakrishnan
3.Minor Sonia Gandhi
(Minor represented her mother and
next friend Mrs.Jayanthi) ... Appellants
Vs.
1.D.Ganesan
2.National Insurance Company Limited,
(Motor Third Party Cell),
No.751, Anna Salai, 3rd Floor,
Chennai – 600 002. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 05.07.2016
made in M.A.C.T.O.P.No.3531 of 2014, on the file of the Motor
Accident Claims Tribunal, The IV Court of Small Causes, Chennai.
For Appellant : M/s.A.Subadra
R1 : Ex-parte
For R2 : Mr.J.Chandran
1/7
https://www.mhc.tn.gov.in/judis/
CMA.No.4162 of 2019
JUDGMENT
This appeal has been filed only for the enhancement of
compensation awarded by the Tribunal by the impugned judgment and
decree dated 05.07.2016 on the file of the Motor Accident Claims
Tribunal, IV Court of Small Causes, Chennai.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.15,54,000/- as compensation together with
interest at 7.5% p.a. from the date of claim petition till realisation to
the appellants who are the legal heirs of the deceased Rajesh.
3. The learned counsel appearing for the appellants / claimants
submitted that the Tribunal has erred in restricting the compensation
by considering the notional income as Rs.6,500/- per month based on
the decision of the Hon'ble Supreme Court in Syed Sadiq and other Vs
Divisional Manager, United India Insurance Company Limited,
reported in 2014(1) TN MAC. It is further submitted that the deceased
was employed as an electrician with M/s.Indira Builders and
https://www.mhc.tn.gov.in/judis/
CMA.No.4162 of 2019
Promoters, Chennai and that the salary certificate in Ex.P.6 was
marked through the witness PW.1 and PW.3.
4. Heard the learned counsel for the appellant and perused the
impugned judgment and decree.
5. The Tribunal has awarded a meager compensation by
considering the notional income as Rs.6,500/- per month based on the
decision of the Hon'ble Supreme Court cited supra. At that time, the
claimant was aged about 21 years and was working as electrician in
M/s.Indira Builders and Promoters, Chennai. The deposition of PW1,
PW3 and Ex.P.6 indicate that the deceased was earning a sum of
Rs.15,000/- per month. It would be fair to conclude that the notional
income of the deceased was Rs.12,500/- as the accident is of the year
2014 and since the deceased was aged about 21 years. The award
passed under other heads are reasonable and thus confirmed.
6. The compensation awarded by the Tribunal is re-computed
as follows:
https://www.mhc.tn.gov.in/judis/
CMA.No.4162 of 2019
Re-quantified
Heads & Calculation amount of
Compensation by
this Court
Loss of dependency
i) Notional income of the deceased : Rs.12,500/-
ii) Add: Future prospects @ 40% : Rs. 5,000/-
---------------
: Rs.17,500/-
iii) Less : Personal Expenses @ 50%
(Rs.17,500 x50%) : Rs. 8,750/-
----------------
: Rs. 8,750/-
----------------
iv) Annual Contribution to the family
(Rs.8,750x12) : Rs.1,05,000/-
v)Multiplier 18
(Rs.1,05,000 x18) : Rs.18,90,000/- Rs. 18,90,000/-
Loss of love and affection to the 1st to 3rd appellants Rs. 1,25,000/-
Funeral expenses Rs. 25,000/-
Total Rs. 20,40,000/-
7. The 2nd respondent-Insurance Company is therefore directed
to deposit the enhanced amount of compensation of Rs.20,40,000/-
now determined by this Court together with interest at 7.5% p.a. from
the date of the claim petition till the date of deposit to the credit of
MCOP No.3531 of 2014 before the Motor Accidents Claims Tribunal,
IV Court of Small Causes, Chennai, less any amount already
deposited, within a period of six weeks from the date of receipt of a
copy of this Judgment. ”
https://www.mhc.tn.gov.in/judis/
CMA.No.4162 of 2019
8. On such deposit being made by the learned counsel for the 2 nd
respondent – Insurance Company, the 1st and 2nd 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 amount already withdrawn, by filing suitable application
before the Tribunal. The 3rd appellant was aged about 17 years at the
time of filing of the claim petition in 2013. Since the 3rd appellant
would have attained the age of majority, she is permitted to file
appropriate application before the Tribunal for recording the age of
majority to withdraw her share. The Tribunal may thereafter allow the
3rd appellant to withdraw her share.
9. Accordingly, this Civil Miscellaneous Appeal is partly
allowed. No cost.
21.04.2021
drl
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
CMA.No.4162 of 2019
To:
1.The Motor Accidents Claims Tribunal,
IV Court of Small Causes, Chennai.
2.The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.No.4162 of 2019
C.SARAVANAN, J.
drl
C.M.A.No.4162 of 2019
21.04.2021
https://www.mhc.tn.gov.in/judis/
