Madras High Court
Ramalingam vs Prakashvelu on 23 April, 2021
C.M.A.Nos.3462 & 3503 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.Nos.3462 and 3503 of 2019
C.M.A.No.3462 of 2019:-
Ramalingam ... Appellant
Vs.
1.Prakashvelu
2.New India Assurance Company Limited,
Divisional Office, Premier Complex,
Five Roads, Salem – 7. ... Respondents
C.M.A.No.3503 of 2019:-
1.Amudha
2.Sadayan ... Appellants
Vs.
1.Prakashvelu
2.New India Assurance Company Limited,
Divisional Office, Premier Complex,
Five Roads, Salem – 7. ... Respondents
Prayer in C.M.A.No.3462 of 2019: Civil Miscellaneous Appeal filed
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C.M.A.Nos.3462 & 3503 of 2019
under Section 173 of Motor Vehicles Act, 1988 against the Judgment and
Decree dated 30.03.2011 made in M.C.O.P.No.1096 of 2007 on the file
of the Motor Accident Claims Tribunal, First Additional District Judge,
Salem.
Prayer in C.M.A.No.3503 of 2019: Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the Judgment and
Decree dated 30.03.2011 made in M.C.O.P.No.1097 of 2007 on the file
of the Motor Accident Claims Tribunal, First Additional District Judge,
Salem.
For Appellant : Mr.K.Kuppusamy
(in both C.M.As)
For Respondents : R1 Exparte
(in both C.M.As) Mr.J.Chandran for R2
COMMON JUDGMENT
The appellants are the claimants in these appeals before the Motor
Accidents claims Tribunal in M.C.O.P.Nos.1096 and 1097 of 2007 before
the First Additional District Judge, Salem.
2.By the impugned judgment and decree, the Tribunal has awarded
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C.M.A.Nos.3462 & 3503 of 2019
the following amounts to the appellants.
Sl.Nos. C.M.A.Nos M.C.O.P.Nos Award
amounts
1 3462 of 1096 of 2007 1,44,000/-
2 3503 of 1097 of 2007 3,83,000/-
3.In these appeals, the appellants/claimants had sought for
enhancement of compensation. C.M.A.No.3462 of 2019 has been filed
by the appellant who suffered injuries due to the accident. The Tribunal
after considering the evidence on record has fixed 40% contributory
negligence on the part of the appellant and fixed liability on the
Respondent Nos.1 and 2 at 60%.
4.In C.M.A.No.3503 of 2019 against the impugned Judgment and
decree in M.C.O.P.No.1097 of 2007, the 1st appellant/1st claimant is the
mother of the deceased Ranjithkumar aged about 19 years. It is
submitted that the Tribunal has not awarded any amount towards Loss of
love and affection to the appellants/claimants namely the mother and the
father of the deceased and that the Tribunal has considered wrong
multiplier by considering the age of the deceased.
5.Defending the impugned judgment and decree, the learned
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C.M.A.Nos.3462 & 3503 of 2019
counsel for the 2nd respondent/Insurance Company submitted that the
impugned order is well reasoned and requires no interference. He
therefore prays for dismissal of the appeal filed by the
appellants/claimants.
6.I have considered the arguments advanced by the learned counsel
for the appellants and the respondent.
7.In my view, the Tribunal has awarded a just compensation in
M.C.O.P.No.1096 of 2007 vide its judgment and decree dated
30.03.2011. Therefore, there is no merits in the appeal filed in
C.M.A.No.3462 of 2019. Accordingly, C.M.A.No.3462 of 2019 is
dismissed.
8.In so far as C.M.A.No.3503 of 2019 against the impugned
judgment and decree in M.C.O.P.No.1097 of 2007 is concerned, the
Tribunal has committed a mistake by considering the wrong multiplier of
14 age of the mother instead of age of the deceased. The Tribunal has not
awarded any amounts towards loss of love and affection to the
appellants/claimants who are the parents of the deceased. Therefore, to
that extent, the compensation awarded by the Tribunal in
M.C.O.P.No.1097/2007 which impugned in CMA.No.3503 of 2019 is to
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C.M.A.Nos.3462 & 3503 of 2019
be modified.
9.The calculation towards Loss of dependency at Rs.2250 X 12 X
14 is Rs.3,78,000/- is to be modified as 2,250 X 12 X18 Rs.4,86,000/-.
The Tribunal has not awarded any other amount towards Loss of Love
and affection/parental consortium. Therefore, a sum of Rs.25,000/- each
is hereby awarded to the appellants/claimants considering the time of the
accident in the year 2007.
10.In the result, in CMA.No.3503 of 2019, the total compensation
of Rs.3,83,000/- is re-computed as follows:
Heads and Calculation Amount
Loss of dependency:-
Notional Income
(2,250 X 12 X 18) Rs.4,86,000/-
: Rs.4,86,000/-
Towards Loss of Love & Affection Rs.
/parental consortium 50,000/-
(25,000 X 2)
Funeral Expenses and Transport Rs.
Charges 7,500/-
Total Rs.5,43,500/-
Thus, the total compensation awarded by the Tribunal for a sum of
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C.M.A.Nos.3462 & 3503 of 2019
Rs.3,83,000/- is enhanced to Rs.5,43,500/- as above.
11.In the result, CM.A.No.3503 of 2019 is partly allowed with the
enhanced amount of compensation of Rs.5,43,500/-, 60% is deducted
towards negligence of the rider of the motor cycle. There shall be an
abatement on 60% from the aforesaid amount.
12.In the result, the appellants/claimants are entitled to receive a
sum of Rs.3,26,100/- in the same proportionate as was awarded by the
Tribunal. Thus, this appeal stands partly allowed.
13.The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation together with interest at
7.5% per annum from the date of numbering 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 a copy of this Judgment.
14.On such deposit being made by the 2 nd respondent/Insurance
Company, the appellants/claimants are permitted to withdraw their shares
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal. No
costs.
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C.M.A.Nos.3462 & 3503 of 2019
15.In C.M.A.No.3462 of 2019 is dismissed and C.M.A.No.3503 of
2019 stands partly allowed with the above observations. No costs.
23.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.New India Assurance Company Limited,
Divisional Office, Premier Complex,
Five Roads, Salem – 7.
2.The Motor Accidents Claims Tribunal,
First Additional District Judge, Salem.
3.The Section Officer,
Vernacular Section,
Madras High Court.
C.SARAVANAN, J
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jas
C.M.A.Nos.3462 and 3503 of 2019
23.04.2021
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