Jayanthi Nahak vs S.Kannabiran
2021 Latest Caselaw 10505 Mad

                                                                           C.M.A.No.1452 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 23.04.2021

                                                     CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1452 of 2021
                 1. Jayanthi Nahak
                 2. Prahalad Nahak                                     ... Appellants

                                                       Vs.
                 1. S.Kannabiran,
                    S/o.T.Siva
                 2. United India Insurance Co.Ltd.,
                    Siligi Building, 4th Floor,
                    No.134, Greams Road,
                    Chennai 600 006.
                 3. A.Ravikumar,
                    S/o.Annamalai                                     ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree made in
                 M.C.O.P.No.2557 of 2016 dated 13.11.2019, on the file of the Motor
                 Accidents Claims Tribunal, Chennai (In the II Court of Small Causes,
                 Chennai).

                                   For Appellants   : Mr.Amar Dineshbhai Pandiya

                                                    JUDGMENT

The claimants are the appellants in this appeal. In this appeal they

are seeking for enhancement of compensation awarded by the Tribunal.

_________ https://www.mhc.tn.gov.in/judis/ Page No 1 of 4 C.M.A.No.1452 of 2021

2. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.25,10,000/- as compensation, which is detailed

below:-

1. Loss of Dependency Rs.22,95,000/-

2. Loss of Love and Affection Rs. 1,00,000/-

3. Filial Consortium Rs. 1,00,000/-

4. Funeral Expenses Rs. 15,000/-

Total Rs.25,10,000/-

3. This appeal has been filed by the appellants/claimants for

enhancement of compensation stating that the Tribunal ought to have

fixed the monthly income of the deceased as Rs.17,000/- per month

instead of Rs.15,000/- per month. However, on perusing the claim

petition filed before the Tribunal, the monthly income there has been

declared by the appellants/claimants is only Rs.15,000/- per month. That

being the case, there is no merits in the present appeal. Accordingly, the

appeal filed by the appellants/claimants is dismissed at the time of

admission.

4. The 2nd respondent/Insurance Company is therefore directed to

deposit the compensation awarded by the Tribunal, together with interest

_________ https://www.mhc.tn.gov.in/judis/ Page No 2 of 4 C.M.A.No.1452 of 2021

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.

5. On such deposit being made by the 2nd respondent/Insurance

Company, the appellants/claimants are permitted to withdraw the same

together with interest accrued thereon, less any amount already

withdrawn in the same proportion as was ordered by the Tribunal. No

costs.

23.04.2021

arb Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1. The Motor Accidents Claims Tribunal,Chennai. (II Court of Small Causes, Chennai).

2. The Section Officer, Vernacular Section, Madras High Court.

_________ https://www.mhc.tn.gov.in/judis/ Page No 3 of 4 C.M.A.No.1452 of 2021

C.SARAVANAN, J.

arb

C.M.A.No.1452 of 2021

23.04.2021

_________ https://www.mhc.tn.gov.in/judis/ Page No 4 of 4