Madras High Court
V.Suguna vs M.Gomathi on 22 April, 2021
C.M.A.No.1125 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1125 of 2020
1.V.Suguna,
W/o.Late Venukumar
2.Kishore,
S/o.Late Venukumar
(2nd appellant declared as major
and 1st appellant viz., discharged
from the guardianship vide order
dated 22.08.2019 made in
C.M.P.No.16695 of 2019 in
C.M.A.SR.No.9214 of 2019)
Chinnasamy (died)
3.Chinnammal,
W/o.Late Chinnasamy
Samiappa Gounder (died) ... Appellants
Vs.
1.M.Gomathi,
W/o.Murugesan
2.Cholmandalam MS General Insurance
Company Ltd.,
Dare House,
No.2, N.S.C.Bose Road,
Chennai – 600 001. ... Respondents
Civil Miscellaneous Appeal filed under Section 173(1) of Motor
Vehicles Act, 1988 against the Award and Decree dated 22.12.2017 made
in M.C.O.P.No.128 of 2012 on the file of the Motor Accidents Claims
Tribunal (Sub-Court), Perundurai, Erode District.
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C.M.A.No.1125 of 2020
For Appellants : Mr.N.S.Sivakumar
For Respondents :
For R1 : No appearance
For R2 : Ms.Harini
for M/s.M.B.Gopalan Associates
JUDGMENT
The claimants are the appellants in this appeal and are agrrieved by
the quantum of compensation awarded by the Motor Accidents Claims
Tribunal (Sub Court) Perundurai, Erode Disrict by its Judgment and
decree dated 22.12.2017 in M.C.O.P.No.128 of 2012.
2. Heard the learned counsel for the appellants and the 2 nd
respondent.
3. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.13,49,000/- as compensation under the following
heads:-
1. Loss of Income Rs.10,24,000/-
2. Funeral Expenses Rs. 25,000/-
3. Loss of Dependency Rs. 1,00,000/-
4. Love and Affection Rs. 1,00,000/-
5. Loss of Estate Rs. 1,00,000/-
-------------------
Total Rs.13,49,000/-
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C.M.A.No.1125 of 2020
4. The Tribunal has awarded the aforesaid compensation by
considering the notional income of Rs.8,000/- per month as the deceased
was running a business along with members of his family. While
awarding the aforesaid compensation, the Tribunal has not awarded any
amount towards future prospects as per the decision of the Hon'ble
Supreme Court in National Insurance Company Limited Vs. Pranay
Sethi and Others, (2017) 16 SCC 680. While awarding the above
compensation, it is noticed that the Tribunal has awarded amounts
towards other conventional heads contrary to the decision of the Hon'ble
Supreme Court in Magma General Insurance Company Ltd. Vs.
Nanuram @ Chuhru Ram and Others, (2018) 18 SCC 130.
5. In the light of the above discussion, I am of the view that the
Tribunal erred in considering the notional income of Rs.8,000/- per
month of the deceased. In my view, even though the deceased was doing
business jointly with his family members, the dependents of his family
are entitled for just compensation. As far as the other heads are
concerned, the compensation awarded by the Tribunal is reasonable and
therefore they are confirmed.
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C.M.A.No.1125 of 2020
6. Therefore, the notional monthly income of the deceased is
considered at Rs.12,500/- per month. The compensation to be awarded
to the appellants/claimants is thus recomputed as follows:-
Loss of Dependency:-
Monthly Income : Rs.12,500/-
Add: Future Prospects at 40 %
(12,500 x 40/100) : Rs.5,000/-
----------------
: Rs.17,500/-
Less: Personal Expenses 1/3rd
(17,500x 1/3) :Rs. 5,833/-
----------------
Monthly Contribution
to the family :
Rs.11,667/-
Annual Contribution to the family
(11667 x 12) : Rs.1,40,064/-
Rs.22,40,064/-
Multiplier 18 (69,996 x 16) : Rs.22,40,064/-
Funeral Expenses and Transportation Rs. 25,000/-
Love and Affection/ Rs. 1,20,000/-
consortium 40,000 x 12
Total Rs.23,85,064/-
Rounded of to
Rs.23,86,000/-
7. The 2nd respondent/insurance company is therefore directed to
deposit the compensation of Rs.23,86,000/- together with interest at
7.5% per annum from the date of numbering of the claim petition till the
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C.M.A.No.1125 of 2020
date of such deposit, less any amount already deposited by it, within a
period of six weeks from the date of receipt of a copy of this Judgment.
8. On such deposit being made by the 2nd respondent/insurance
company, the 1st 2nd & 3rd appellants/1st 2nd & 3rd claimants are permitted
to withdraw their respective shares in the same proportion as was ordered
by the Tribunal, together with interest accrued thereon, less the amount
already withdrawn if any, by filing suitable application before the
Tribunal.
9. This Civil Miscellaneous Appeal stands partly allowed with the
above observations. No costs.
22.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
Sub Court, Perundurai,
Erode District.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.1125 of 2020
C.SARAVANAN, J
arb
C.M.A.No.1125 of 2020
22.04.2021
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