Madras High Court
Narasimman vs S.Pratap on 27 April, 2021
C.M.A.No.2714 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2714 of 2019
1.Narasimman
2.Usha ... Appellants
Vs.
1.S.Pratap
2.The Oriental Insurance Company Ltd,
Third Party Claims Cell (HUB),
Near Murugan Theatre,
Sathuvachari, Vellore – 9.
(No relief sought against the 1st respondent.
Hence notice may be dispensed with) ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree order dated
23.04.2018 made in M.C.O.P.No.74 of 2016, on the file of the Motor
Accidents Claims Tribunal, II Additional District and Sessions Court,
Ranipet, Vellore District.
For Appellants : Mr.M.Sivakumar
For Respondents : Mr.J.Vijayaraghavan for R2
No appearance for R1
JUDGMENT
The claimants are the parents of the deceased Parameswaran aged
about 21 years who lost his life when he met with an accident on
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C.M.A.No.2714 of 2019
22.011.2015. By the impugned judgment and decree, the Tribunal fixed
95% negligence on the part of the driver of the Tata Sumo belonging to 1 st
respondent and 5% negligence on the part of the deceased for not having
valid and effective driving license at the time of accident, has awarded a
sum of Rs.6,83,000/- as compensation by considering the notional
income of the deceased at Rs.6,000/- per month, and directed the 2 nd
respondent/Insurance Company to pay a sum of Rs.6,48,850/- being 95%
of the award amount as compensation to the appellants at the first
instance and recover the same from the 1st respondent. Challenging the
quantum of compensation awarded by the Tribunal, the present appeal
has been filed for enhancement of the compensation. The learned
counsel for the appellant submits that the accident is of the year 2015 and
therefore the notional income considered by the Tribunal was
disproportionately low and therefore he submits that the income of the
deceased may be considered as Rs.15,000/- per month for awarding
enhanced compensation.
2.The learned counsel for the appellant further submits that this
court has passed an order in C.M.A.No.1069 of 2013 dated 01.09.2020
wherein in the case of a Final year B.E. student, this court has considered
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C.M.A.No.2714 of 2019
the notional income of Rs.18,000/- per month to award compensation for
an accident of the year 2009.
3.Defending the impugned judgment and decree, the learned
counsel for the 2nd respondent/Insurance Company submits that the
Tribunal has awarded just compensation and that the notional income of
Rs.6,000/- was correct for awarding the compensation.
4.I have perused the impugned judgment and decree and the
evidence on record which form the basis on the impugned judgment and
decree. I have also considered the arguments advanced by the learned
counsel for the appellant and the 2nd respondent/Insurance Company.
5.In my view, the Tribunal has considered a meagre notional
income of Rs.6,000/- for awarding the above compensation. Therefore,
with a view to award a just compensation for the loss of their son, I am
inclined to consider the notional income of the deceased as Rs.12,500/-
considering the fact that the deceased was a 3rd year B.E. Student. At the
same time “Pay and Recover” ordered by the Tribunal is confirmed.
6.Under these circumstances, the compensation awarded by the
Tribunal is re-quantified as follows:-
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C.M.A.No.2714 of 2019
Monthly Notional Income Rs.12,500/- Rs.18,90,000/-
+ Future Prospectus 40% Rs. 5,000/-
* as per National Insurance
Co. Ltd. Vs. Pranay Sethi
and Others, (2017)
16 SCC 680 --------------
Rs.17,500/-
Personal expenses
50% Rs. 8,750/-
Annual Contribution
to the family
(8,750 x 12) Rs.1,05,000/-
(Multiplier x 18) Rs.18,90,000/-
Loss of love and affection/Filial consortium Rs. 80,000/-
* as per Magma Insurance Company
Limited Vs Nanuram @ Chuhruram and
others, (2018) 18 SCC 130
Transportation and funeral expenses Rs. 25,000/-
Total Rs.19,95,000/-
95% of the award amount Rs.18,95,250/-
7.The 2nd respondent/Insurance Company is therefore directed to
deposit a sum of Rs.18,95,250/-, being 95% of the award amount as
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 eight weeks from the
date of receipt of a copy of this Judgment, at the first instance and recover
the same from the 1st respondent.
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C.M.A.No.2714 of 2019
8.On such deposit being made by the 2nd respondent/Insurance
Company, the appellants/claimants are permitted to withdraw their share
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal.
9.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs.
27.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
II Additional District and Sessions Court,
Ranipet, Vellore District.
2.The V.R.Section,
Madras High Court, Madras.
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C.M.A.No.2714 of 2019
C.SARAVANAN, J.
jas
C.M.A.No.2714 of 2019
27.04.2021
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