Madras High Court
The Branch Manager vs Vijaya on 23 April, 2021
C.M.A.No.3458 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.3458 of 2017
and C.M.P.No.21973 of 2017
The Branch Manager,
United India Insurance Company Ltd.,
Taj Towers, No.2 Road,
Mayiladuthurai. ...Appellant
Vs
1.Vijaya
2.Mahalingam
3.Dineshkumar
4.Vinothkumar
5.M.Mohammed Ismail ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award dated 23.06.2017 made in
M.C.O.P.No.80 of 2016 on the file of the Motor Accidents claims Tribunal,
Additional Sub-Court, Mayiladuthurai.
For Appellant : Mr.D.Bhaskaran
For R1 to R4 : Mr.M.R.Franklin
1/10
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C.M.A.No.3458 of 2017
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the judgment and
decree dated 23.06.2017 made in M.C.O.P.No.80 of 2016 on the file of the
Motor Accident Claims Tribunal, Additional Sub-Court, Mayiladuthurai.
2.The appellant-Insurance Company is the 2nd respondent in
M.C.O.P.No.80 of 2016 on the file of the Motor Accident Claims Tribunal,
Additional Sub-Court, Mayiladuthurai. The respondents 1 to 4 filed the above
said claim petition, claiming a sum of Rs.25,00,000/- as compensation for the
death of Premkumar in the accident that took place on 11.09.2015.
3.The facts of the case is that, the deceased Premkumar was a Mason. On
11.09.2015, while the deceased was walking in the road along with the co-
workers on the way to his work, the car bearing Registration No.TN 51 P 9466,
driven by its driver in a rash and negligent manner and hit against the deceased
and others from the behind. Due to the accident, the deceased sustained injuries
and died. The respondents 1 to 4 filed the above said claim petition, claiming a
sum of Rs.25,00,000/- as compensation for the death of Premkumar.
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C.M.A.No.3458 of 2017
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the 1st respondent and directed the 2nd respondent-Insurance
Company to pay a sum of Rs.22,91,000/- as compensation to the claimants.
5.Aggrieved over the award passed by the Tribunal, the appellant-
Insurance Company filed the present appeal challenging the quantum of
compensation.
6.Mr.D.Bhaskaran, learned counsel for the appellant-Insurance Company
fairly submitted that there is no dispute with regard to the fixation of liability by
the Tribunal. Only the quantum of compensation is in dispute. The accident
was occurred in the year 2015. The deceased was a Mason. The Court below
fixed the notional income of the deceased as Rs.15,000/- in the absence of any
proof. The fixation of Rs.15,000/- in the absence of income proof is on the
higher side. Further, he submitted the mason would get Rs.500/- per day.
Taking into consideration a sum of Rs.500/- per day and deducting 4 weekly
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C.M.A.No.3458 of 2017
off, the Mason would get a sum of Rs.13,000/- per month as his wage.
Awarding more than Rs.13,000/- would be on the higher side. Even, for fixing
a sum of Rs.13,000/- for the mason, he requires to get job everyday, it is not
possible for a mason to get job everyday. Therefore, he submitted that it would
be just and fair to fix the notional income as Rs.12,000/- instead of Rs.15,000/-
as determined by the Tribunal.
7.Further, he submitted that the age of the deceased at the time of
accident was 24 years and he was a bachelor. He left behind his parents and
two brothers. The Tribunal has awarded a sum of Rs.50,000/- each to the
respondents 1 and 2 and a sum of Rs.25,000/- each to the respondents 3 and 4
towards loss of love and affection. A sum of Rs.25,000/- was awarded towards
funeral expense and a sum of Rs.10,000/- was awarded towards transportation
and loss of amenities. Therefore, he submitted that as per the law laid down by
the Hon'ble Supreme Court in the case of National Ins. Co. v. Pranay Sethi &
others reported in 2017(2)TNMAC 609 (SC), the amount awarded under
different heads may be re-determined.
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C.M.A.No.3458 of 2017
8.Per contra, the learned counsel for the respondents 1 to 4 would submit
that the mason used to get more than Rs.500/- per day as wage even in the year
2015. He would get a sum of Rs.600/- per day. Taking into consideration all
these aspect the Tribunal has fixed a sum of Rs.15,000/- as notional income of
the deceased. Further, he fairly submitted that the amount may be awarded
under other heads as law laid down by the Hon'ble Supreme Court in Pranay
Sethi case stated supra.
9.Heard the learned counsel for the appellant as well as the respondents 1
to 4 and perused materials available on record.
10.Taking into consideration the submissions made by the either side
counsel and upon perusal, it appears that the accident occurred in the year 2015.
The deceased left behind his parents and two brothers. He was working as a
mason at the time of accident. The Tribunal fixed a sum of Rs.15,000/- as
notional income of the deceased. As contended by the learned counsel for the
appellant, it would be fair to award a sum of Rs.500/- per day after deducting
four weekly off for a mason in the year 2015. Therefore, this Court re-fix a sum
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C.M.A.No.3458 of 2017
of Rs.13,000/- as notional income of the deceased. Age of the deceased at the
time of accident was 24 years. Multiplier applicable for the present case is 18 as
per the law laid down by the Hon'ble Supreme Court in Pranay Sethi stated
supra and 40% needs to be added towards future prospect. Therefore, after
adding future prospect the loss of income is re-determined as follows:
Rs.13,000/- + 5,200 (40% of 13,000) x 12 x 18 = 19,65,600/-.
11.As far as the amounts awarded under conventional heads are
concerned, the Tribunal has awarded a sum of Rs.50,000/- each to the
respondents 1 and 2 and a sum of Rs.25,000/- each to the respondents 3 and 4
towards loss of love and affection, which are on the higher side. Therefore, this
Court redetermine the same and award a sum of Rs.40,000/- each to the
respondents 1 to 4 towards loss of love and affection. A sum of Rs.25,000/-
awarded towards funeral expense is also on the higher side and this Court
reduce the same as a sum of Rs.15,000/-. The Tribunal has awarded a sum of
Rs.10,000/- towards transportation and loss of amenities and the same is
confirmed. The Tribunal has not awarded any amount towards loss of estate. A
sum of Rs.15,000/- awarded towards loss of estate. Hence, the amount awarded
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C.M.A.No.3458 of 2017
by the Tribunal is redetermined as follows:
S.No Description Amount awarded Amount awarded
by Tribunal by this Court
(Rs) (Rs)
1. Loss of Earnings 21,06,000 19,65,600
2. Loss of Love and Affection to 1,00,000 80,000
the respondents 1 and 2
3. Loss of Love and Affection to 50,000 80,000
the respondents 3 and 4
4. Funeral Expense 25,000 15,000
5. Transportation and Loss of 10,000 10,000
Amenities
6. Loss of Estate - 15,000
Total 22,91,000 21,65,600
12.Out of the above award amount, the 1st respondent-mother of the
deceased is permitted to withdraw a sum of Rs.10,00,000/-. The 2nd respondent-
father of the deceased is directed to withdraw a sum of Rs.7,65,600/-. The
respondents 3 and 4 is permitted to withdraw a sum of Rs.2,00,000/- each.
13.In the result, this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.22,91,000/- is hereby reduced to
Rs.21,65,600/- with interest at the rate of 7.5% per annum from the date of
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C.M.A.No.3458 of 2017
petition till the date of realisation. The appellate/Insurance Company is directed
to deposit the modified award amount along with interest and costs now
determined by this Court, less the amount already deposited, if any, within a
period of eight weeks from the date of receipt of a copy of this judgment. On
such deposit, the respondents 1 to 4 is permitted to withdraw their respective
shares, along with interest and costs, less the amount if any, already withdrawn.
The Tribunal is directed to transfer the respective shares of the respondents 1 to
4 to them by way of RTGS to their bank account directly, within a period of
three weeks from the deposit or application made by the appellant for
withdrawal, whichever is later. No costs. Consequently, connected
miscellaneous petition is closed.
23.04.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
rst
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C.M.A.No.3458 of 2017
To:
The Motor Accident Claims Tribunal,
The Additional Sub-Court, Mayiladuthurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3458 of 2017
KRISHNAN RAMASAMY,J.
rst
C.M.A.No.3458 of 2017
and C.M.P.No.21973 of 2017
23.04.2021
https://www.mhc.tn.gov.in/judis/
