Madras High Court
Lakshmi vs Thenmozhi on 28 April, 2021
C.M.A.No.1497 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1497 of 2021
and
C.M.P.No.4328 of 2021
1.Lakshmi
2.Minor.Kasthuri
3.Minor Sudharson
4.Rathinam ... Appellants
Vs.
1.Thenmozhi
2.United India Insurance Company Limited,
TP HUB, No.104, Ranga Building,
Peramanur Main Road, Salem – 7. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 06.10.2018
made in M.C.O.P.No.510 of 2017, on the file of the Motor Accidents
Claims Tribunal, II Additional District Judge, Salem.
For Appellant : Mr.S.P.Yuvaraj
For Respondents : Mr.M.J.Vijayaragavan for R2
JUDGMENT
The claimants are the appellants in this appeal and they are seeking
for enhancement of compensation awarded by the Motor Accidents
Claims Tribunal by its impugned judgment and decree dated 06.10.2018
passed in M.C.O.P.No.510 of 2017.
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C.M.A.No.1497 of 2021
2.By the impugned judgment and decree, the Tribunal has awarded
Rs.15,67,500/- under the following heads:-
Loss of dependency Rs.14,17,500-00
(1012500x14)
Loss of Love and affection Rs. 80,000-00
(20,000x4)
Loss of consortium Rs. 40,000-00
Funeral Expenses Rs. 15,000-00
Transport Expenses Rs. 15,000-00
Total Rs.15,67,500-00
3.The claimants are seeking enhancement of compensation on the
ground that the Tribunal has considered a disproportionately low income
of Rs.9,000/-pm to award towards Loss of dependency Rs.14,17,500/-.
It is submitted that the deceased was a bus conductor and was earning a
sum of Rs.20,000/- per month and therefore atleast Rs.15,000/- should be
considered as the notional income of the deceased for computing the
compensation.
4.It is further submitted that the Tribunal has not awarded the
correct amount of compensation towards loss of consortium. It is also
submitted that no amount has been awarded towards Future Prospects.
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C.M.A.No.1497 of 2021
5.Per contra, Mr.M.Vijayaragavan, learned counsel appearing on
behalf of the 2nd respondent/Insurance Company submitted that the
Tribunal has awarded a just compensation and therefore he prays for
dismissal of the appeal.
6.He submitted that the Tribunal has considered all the factors and
since no evidence was produced to substantiate the income, the Tribunal
has correctly considered a notional income of Rs.9,000/-.
7.Heard the learned counsel for the appellant and the respondents
and also perused the impugned judgment and decree and the exhibits that
were marked before the Tribunal.
8.The appellant have not produced any evidence to substantiate the
income of the deceased Selvam who was stated to be an employee/bus
conductor earning a sum of Rs.20,000/- per month. Nevertheless, the
Tribunal has considered disproportionatly a very low income of
Rs.9,000/- for a person who was aged about 43 years at the time of
accident. Therefore, this Court is of the view that the purpose of
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C.M.A.No.1497 of 2021
computation the compensation, the notional income of the deceased can
be considered as Rs.12,500/- pm, considering the fact, that the accident is
of the year 2017 on 17.01.2017.
9.The Tribunal has also not correctly determined the amount of
compensation payable towards loss of consortium, parental consortium
and filial consortium as per the decision of the Hon'ble Supreme Court in
Magma Insurance Company Limited Vs Nanuram @ Chuhruram
and others, (2018) 18 SCC 130. The Tribunal has also not awarded any
amount towards Future Prospects. Therefore, the compensation to be
awarded to the appellants is re-computed as follows:-
Loss of Dependency Rs.22,05,000
Monthly Notional Income
Rs.12,500
+ Future Prospectus 40% Rs. 5,000
--------------
Rs.17,500
Deduction towards
Personal expenses ¼ Rs. 4,375
---------------
Monthly contribution Rs.13,125
Annual Contribution
X 12 Rs.1,57,500
(Annual Contribution
X multiplier 14) Rs.22,05,000
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C.M.A.No.1497 of 2021
Loss of consortium for the 1st appellant Rs. 40,000
Loss of parental consortium for the 2nd and Rs. 80,000
3rd appellants 40,000 each
Loss of filial consortium for the 4th appellant Rs. 40,000
Funeral expenses Rs. 15,000
Transport charges Rs. 15,000
Total Rs.23,95,000/-
10.The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.23,95,000/- 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.
11.On such deposit being made by the 2nd respondent/Insurance
Company, the 1st and 4th appellants/1st and 4th claimants are permitted to
withdraw their shares together with interest accrued thereon, less any
amount already withdrawn in the same proportion as was ordered by the
Tribunal.
12.The 1st appellant/1st claimant aredirected to pay the deficit Court
fee within a period of eight weeks from the date of receipt of a copy of
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C.M.A.No.1497 of 2021
this order. On such deposit of deficit court fee, the Registry shall draft
the decree of this Judgment. It is also made clear that there is no
interest to be paid for 445 days being delay in filing the present appeal as
per order dated 01.04.2021 in C.M.P.No.4328 of 2012.
13.Since the 2nd and 3rd appellants/2nd and 3rd claimants are stated
to be minor at the time of filing of the claim petition, their shares shall be
deposited in an interest bearing account and the interest shall be allowed
to be withdrawn by his father for the benefit of the minor. On attaining
the age of majority, the 2nd and 3rd appellants/2nd and 3rd claimants may
also file appropriate application before the Tribunal for withdrawing their
shares of compensation.
14.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs. Consequently, connected Miscellaneous
Petition is also closed.
28.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.1497 of 2021
To:
1.United India Insurance Company Limited,
TP HUB, No.104, Ranga Building,
Peramanur Main Road,
Salem – 7.
2.The Motor Accidents Claims Tribunal,
II Additional District Judge, Salem.
3.The V.R.Section,
Madras High Court, Madras.
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C.M.A.No.1497 of 2021
C.SARAVANAN, J.
jas
C.M.A.No.1497 of 2021
28.04.2021
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