Madras High Court
S.Sundari vs S.Tamilarasi on 23 April, 2021
CMA.No.3807 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.3807 of 2019
(Through Video Conferencing)
1.S.Sundari
2.R.Subramanian ... Appellants
Vs.
1.S.Tamilarasi
(1st respondents wa set-exparte
before the Tribunal)
2.National Insurance Company Limited,
Divisional Office, Court Road,
Thiruppur – 641 018. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the decree and judgment dated 13.04.2018
made in M.C.O.P.No.599 of 2015, on the file of the Motor Accident
Claims Tribunal, Subordinate Judge, Sathyamangalam.
For Appellant : Mr.R.Nalliyappan
For R1 : No Appearance
For R2 : Mr.J.Chandran
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CMA.No.3807 of 2019
JUDGMENT
The claimants are the appellants. They are aggrieved by the
impugned Judgment and Decree dated 13.04.2018 passed by the Motor
Accident Claims Tribunal, (Subordinate Judge), Sathyamangalam in
M.C.O.P.No.599 of 2015.
2. By the impugned judgment and decree, the Tribunal has
awarded a sum of Rs.7,61,500/- as compensation together with interest at
7.5% p.a. from the date of claim petition till realisation to the appellants
who are the mother and father of the deceased Kousalya.
3. The break up of the amount awarded by the Lower Court are
summarised below:-
S.No. Heads Amount awarded by the
Tribunal
1 Permanent disability Rs. 6,48,000/-
2 Loss of love and affection Rs. 80,000/-
3 Funeral Expenses Rs.15,000/-
4 Loss of Estate Rs.15,000/-
5 Transport charges Rs. 3,500/-
6 Loss of amenities due to disability Rs.25,000
Total * Rs. 7,61,500/-
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CMA.No.3807 of 2019
4. According to the appellants, on 19.03.2015 at about 08.45 a.m,
while the deceased Kousalya was travelling as a passenger in Ashok
Leyland Bus bearing registration No.TN-63-AX-3699 along with other
passengers, on the right side at Keelakottai Vilakku Bus stop, Tata Ace
belonging to the 1st respondent insured with the 2nd respondent Insurance
Company was driven by its driver in a rash and negligent manner and hit
the deceased, as a result of which, she died on the spot. Therefore, a
claim petition was filed by the appellants for compensation as the
dependents of the deceased. The Tribunal after considering the evidence
on record has awarded the aforesaid compensation. The appellants are
aggrieved by the amount of compensation and have therefore come up
with this appeal for the enhancement of compensation.
5. The learned counsel for the 2nd respondent Insurance Company
submits that the impugned judgment and decree passed by the Tribunal is
well reasoned and requires no interference and prayed for dismissal of
this appeal.
6. Heard the learned counsel for the appellants and the learned
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CMA.No.3807 of 2019
counsel for the 2nd respondent Insurance Company. I have perused the
impugned judgment and decree passed by the Tribunal and the evidence
on record.
7. The Tribunal has awarded a sum of Rs.7,61,500/- as
compensation to the appellants/claimants. The Tribunal has considered a
notional income of the deceased as Rs.6,000/- per month against
Rs.20,000/- per month given before the Tribunal. It is further submitted
that the deceased was aged about 19 years and was stydying IInd Year
Bio Chemistry. In my view, the Tribunal has considered a very low
amount of Rs.6,000/- as notional income of the deceased for awarding
compensation. I am inclined to consider the monthly notional income of
the deceased as Rs.9,500/- p.m. Therefore, for the purpose of awarding a
just compensation to the appellants/claimants.
8. The compensation of Rs.7,61,500/- awarded by the Tribunal is
therefore re-quantified as follows:-
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CMA.No.3807 of 2019
Heads and Calculation Amount
Loss of Income to the appellants
due to the death of Kousalya:-
Monthly Income : Rs.9,500.00
Add: Future Prospects at 40%
(9,500 x 40/100) : Rs.3,800.00
---------------
: Rs.13,300.00
Add : Personal Expenses at 1/2
( 13,300 x 1/2) : Rs. 6,650.00
---------------
Annual Contribution to the Family
(6,650 x 12) : Rs.79,800
Multiplier 18 ( 79,800 x 18) : Rs.14,36,400/- Rs.14,36,400/-
Loss of Love and Affection to the Rs.80,000/-
appellants 1 & 2
Funeral Expenses Rs. 15,000/-
Loss of Estate Rs.15,000/-
Transport charges Rs.3,500/-
Total *Rs.15,49,900/-
* Rounded off to Rs.15,50,000/-
9. Therefore, the 2nd respondent / Insurance Company is directed
to deposit the enhanced amount of compensation of Rs.15,50,000/-
together with interest at 7.5% from the date of claim petition till the date
of such deposit, less any amount already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgment.
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CMA.No.3807 of 2019
10. On such deposit, the 1st and 2nd appellants / claimants are
permitted to withdraw their respective shares together with interest
thereon and proportionate costs as directed by the Tribunal, less any
amount already withdrawn, by filing suitable applications before the
Tribunal. However, there were no interest during the period of 299 days
in preferring this appeal in terms of the decision of this Hon'ble Court in
CMP.No.17053 of 2019.
11. Accordingly, this Civil Miscellaneous Appeal is disposed with
the above observations. No costs.
23.04.2021
drl
Index : Yes/No
Internet : Yes/No
To:
1.The Motor Accidents Claims Tribunal,
Subordinate Judge, Sathyamangalam
2.The Section Officer,
VR Section, High Court, Madras.
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CMA.No.3807 of 2019
C.SARAVANAN, J.
drl
C.M.A.No.3807 of 2019
23.04.2021
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