Madras High Court
S.Thangapetchiammal vs M.Sridhar on 23 April, 2021
C.M.A.No.3663 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.No.3663 of 2019
1.S.Thangapetchiammal
2.S.Premalatha
3.S.Jeyakrishnan
4.S.Vimala
5.S.Rajalingam (Minor)
Represented by M & NF
S.Thangapetchiammal ... Appellants
Vs.
1.M.Sridhar
2.The United Insurance Co Ltd,
H.O Silingi Building,
No.134, Greams Road,
Chennai – 600 006. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 09.10.2018
made in M.C.O.P.No.5673 of 2011 on the file of the VI Judge, Small
Causes Court, (Motor Accident Claims Tribunal), Chennai.
For Appellant : Mr.K.A.Ravichandran for
Mr.A.Shanmugaraj
For Respondents : No appearance for R1
Mr.J.Michael Visuvasam for R2
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C.M.A.No.3663 of 2019
JUDGMENT
The claimants are the appellant in this appeal. They seek for
enhancement of compensation. By the impugned judgment and decree,
the Tribunal has awarded a sum of Rs.14,92,500 as compensation under
the following heads:-
Loss of Dependency Rs.14,17,500
Loss of Consortium Rs. 40,000
Loss of Estate Rs. 15,000
Funeral Expenses Rs. 15,000
Transport Expenses Rs. 5,000
Total Rs.14,92,500
2.The quantum of compensation awarded by the Tribunal is
questioned in this appeal by the appellant on the ground that the Tribunal
has considered a very low notional income of Rs.9000/-, even though, it
was specifically stated that the deceased, a Bullock Cart rider cum Load
Man was earning a sum of Rs.500/- per day.
3.It is submitted that the Tribunal ought to have considered the
notional income of the deceased as Rs.13,500/- per day. It is further
submitted that the Tribunal has not awarded any amount towards Loss of
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C.M.A.No.3663 of 2019
Parental consortium for the minor children who are the appellants Nos.2
to 5. As per the decision of the Hon'ble Supreme Court in Magma
Insurance Company Limited Vs Nanuram @ Chuhruram and
others, (2018) 18 SCC 130.
4.Defending the impugned judgment and decree, the learned
counsel for the 2nd respondent/Insurance Company submits that the no
part of the cause of action arose in Chennai in as much as the accident
was took place in remote village in Tuticorin District and therefore there
is no evidence to justify that the deceased owned either a Bullock Cart
and would have earned Rs.500/- per day. It is further submitted that the
claimants have the resorted to forum as no part of the cause of action
before the Motor Accident Claims Tribunal, Chennai.
5.It is therefore submitted that the Tribunal has awarded an
adequate compensation and therefore prays for dismissal of the appeal.
He submits that the Tribunal has considered a higher notional income of
Rs.9,000/- pm. He submits that the deceased would not have earned
Rs.9,000/- per month in a remote village in Tuticorin District.
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C.M.A.No.3663 of 2019
6.Heard the learned counsel for the appellant and the respondent
and perused the impugned judgment and decree and the exhibits that
were marked before the Tribunal.
7.The Tribunal has awarded a sum of Rs.14,92,500/- as
compensation. In my view, the Tribunal has by and large awarded a just
compensation. It requires to slightly tweaked. Though the Tribunal has
not awarded any amount towards Loss of Love and affection/Parental
Consortium to the appellant Nos.2 to 5. As per the decision of the
Hon'ble Supreme Court in Magma Insurance Company Limited Vs
Nanuram @ Chuhruram and others, (2018) 18 SCC 130, they are
entitled for a compensation towards Loss of Parental Consortium at
Rs.40,000/- each and therefore amount towards compensation parental
consortium awarded at Rs.40,000/- each. Though, the appellants have
not made out any case to establish that the deceased would have earned
not more than Rs.13,500 as was argued, considering the fact that the
accident is of the year 2010, I am inclined to consider the notional
income of the deceased as Rs.10,000/- per month for the payment of
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C.M.A.No.3663 of 2019
awarding a just compensation. Since the deceased was aged about 39
years, there shall be a additional of 25% to the aforesaid income. Thus,
the loss of dependency at (Rs.10,000 + 25% = 12,500/- X ¼ X 12 X 14).
Heads and Calculation Amount
Loss of dependency:-
Monthly Income : Rs.10,000/-
Add: Future Prospects at 25 %
(10,000 x 25/100) : Rs. 2,500/-
----------------
: Rs.12,500/-
Less: Personal Expenses 1/4th
(12500x1/4 = 3125) : Rs. 3,125/-
----------------
: Rs. 9,375/-
Annual Contribution to the family
(9,375 x 12) : Rs.1,12,500/-
Multiplier 14 (1,12,500 x 14) : Rs.15,75,000/-
Rs.15,75,000/-
Loss of Consortium (40,000 X 4) Rs. 1,60,000/-
Loss of Estate Rs. 15,000/-
Funeral Expenses Rs. 15,000/-
Transport Expenses Rs. 5,000/-
Total Rs.17,70,000/-
11.The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.17,70,000/- together
with interest at 7.5% per annum from the date of numbering of the claim
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C.M.A.No.3663 of 2019
petition till the date of such deposit, less any amount already deposited
by it to the credit of the above M.C.O.P before the Tribunal, within a
period of six weeks from the date of receipt of a copy of this Judgment.
12. On such deposit being made by the 2nd respondent/Insurance
Company, the 1 to 4 appellants/1 to 4 claimants are permitted to
withdraw their respective shares together with interest accrued thereon,
less any amount already withdrawn in the same proportion as was
ordered by the Tribunal. Since the 5th appellant/5th 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 for the benefit of the minor. On attaining
the age of majority, the 5th appellant/5th claimant may also file
appropriate application before the Tribunal for withdrawing his share of
compensation.
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C.M.A.No.3663 of 2019
13. This Civil Miscellaneous Appeal 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.The United Insurance Co Ltd,
H.O Silingi Building,
No.134, Greams Road,
Chennai – 600 006.
2.The Motor Accidents Claims Tribunal,
VI Judge, Small Causes Court, Chennai.
3.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.3663 of 2019
C.SARAVANAN, J
jas
C.M.A.No.3663 of 2019
23.04.2021
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