Poornima vs S. Murali
2021 Latest Caselaw 10968 Mad

Citation : 2021 Latest Caselaw 10968 Mad
Judgement Date : 29 April, 2021

Madras High Court

Poornima vs S. Murali on 29 April, 2021

CMA.No.12 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.04.2021

Coram :

THE HONOURABLE MR. JUSTICE R.SUBBIAH

THE HONOURABLE TMT.JUSTICE S.KANNAMMAL

Civil Miscellaneous Appeal No. 12 of 2020

1. Poornima
2. Ragavendran
3. Sapna .. Appellants

Versus
1.S. Murali
2.P.Ramasamy
3.IFFCO Tokio General Insurance Company Limited,
Having its Office at No.148,
Vinayaga Complex, 2nd Floor,
Opposite to Ganesh TVS Showroom,
Erode. .. Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of The Motor
Vehicles Act, 1988 against the fair and final orders dated 13/03/2019 in
M.C.O.P.No.1255 of 2016 on the file of the Motor Accident Claims Tribunal/III
Additional District Court, Coimbatore.

For Appellants : Mr.C.R. Prasanan
For R1 and R2 : Ex-parte
For R3 : Mr.N. Somasundar

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CMA.No.12 of 2020

JUDGMENT

(The Judgment of the Court was delivered by S.KANNAMMAL, J)

This civil miscellaneous appeal has been filed by the appellants/

claimants for the enhancement of compensation awarded by the Motor Accident

Claims Tribunal / III Additional District and Sessions Court, Coimbatore passed

in M.C.O.P No.1255 of 2016 dated 13.03.2019.

2. The brief facts of the case are as follows:

On 26.10.2015 at around 08.30am, when the deceased was riding his two

wheeler from South to North in Gandhiji road near head post office and

opposite to Surya agencies Mahindra two wheeler showroom at Erode carefully,

the first respondent was driving the Ashok Leyland Dots LS proceeding in the

same direction in a rash and negligent manner, dashed on the rear side of the

motorcycle of the deceased. The deceased sustained serious multiple injuries

and he was admitted in the hospital. Despite the treatment, he succumbed to the

injuries on 26.10.2015 at KMC Hospital, Coimbatore. The appellants are the

wife and the children of the deceased R.S.Ashok. The appellants filed the claim

petition before the Motor Accident Claims Tribunal / III Additional District

Court, Coimbatore, claiming compensation of Rs.45,00,000/- for the death of

the sole breadwinner of their family.

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CMA.No.12 of 2020

3. The claimants examined one witness via the wife of the deceased and

21 documents were marked via Ex.P1 – P21 and on the side of respondents,

two witnesses were examined via RW1 & RW2 and 9 documents were marked

as Ex.R1 – R9.

4. On appreciation of the oral and documentary evidence produced

before it, the tribunal arrived at a finding that the accident had occurred due to

the rash and negligent driving of the first respondent’s driver insured with the

3rd respondent. By arriving at such a conclusion, the tribunal directed the 3rd

respondent Insurance company to pay a sum of Rs.19,88,188/- as compensation

to the appellants aggrieved by the quantum of compensation awarded by the

tribunal, the appellants/claimants have filed the present appeal for enhancement

of compensation.

5.The learned counsel for the appellant contended that the Tribunal erred

in fixing the monthly income of the deceased at Rs.24,219/- where the monthly

income was Rs.75,000/- and no amount was awarded under the heads

Transport and Medical expenses. The learned counsel for the appellants prays

for enhancement for the compensation amount

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CMA.No.12 of 2020

6. On the other hand the learned counsel for the respondent supported

the Judgement and decree passed by the tribunal and prayed for dismissal of the

Civil Miscellaneous Appeal.

7. Heard both the sides. Perused the materials available on record.

8.The Tribunal had fixed the monthly income of the deceased as

Rs.24,219/- which is not just and proper and this Court while re-appreciating

the evidences on record is inclined to fix the monthly income of the deceased as

Rs.30,000/-. and the amount under the head loss of income is arrived at

Rs.23,76,000/-. (Rs.33,000/- 10% is added towards future prospects and after

deducting 1/3 towards personal expenses= 22,000/- and the annual income is

Rs.2,64,000/- ( Rs.22,000 x 12 = 2,64,000) and the correct multiplier to be

added is 9 and the loss of income comes to Rs.23,76,000 /-( 2,64,000 x 9).

The Tribunal has not awarded any amounts towards the heads loss of love and

affection, Transport expenses, Medical Expenses. Hence, this Court is inclined

to award Rs.1,20,000/- Rs.20,000/- and Rs.30,000/- towards loss of love and

affection, Transport expenses, Medical Expenses respectively. With regard to

funeral expenses the Tribunal has awarded 15,000/- and the same is enhanced

to Rs.25,000/- and the Tribunal has awarded Rs.15,000/- towards the head loss https://www.mhc.tn.gov.in/judis/

CMA.No.12 of 2020

of estate and the same remains unchanged.

9. Thus, the award passed by the Tribunal, in comparison with the

amounts now awarded by this Court is tabulated hereunder:

Sl.N Head under which the Amount Amount Confirmed/ o amount is awarded awarded by the awarded by this enhanced Tribunal(in Rs.) Court 1 Loss of income Rs.19,18,188/ Rs.23,76,000/- enhanced

2 Loss of Estate Rs.15,000/- Rs.15,000/- confirmed

3 Consortium Rs.40,000/- Rs.40,000/- confirmed

4 Funeral expenses Rs.15,000/- Rs.25,000/- confirmed

5 Transport Expenses - Rs.20,000/- Now granted 6 Medical Expenses - Rs.30,000/- Now granted

7. Loss of Love and - Rs.1,20,000/- Now granted

affection Total Rs.19,88,188/ Rs.26,26,000/-

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CMA.No.12 of 2020

In the result, the Civil Miscellaneous Appeal is Partly Allowed as follows:-

(i) The award of the Tribunal is modified and enhanced from Rs.19,88,188/- to Rs.26,26,000 /-

(ii) The award amount will carry interest at the rate of 7% per annum from the date of claim petition till the date of deposit.

(iii) In view of the above enhanced award amount, the third respondent/Insurance company is directed to deposit the award amount. On such deposit being made by the third respondent/insurance company, the claimants are permitted to withdraw the amount awarded as per the ratio of apportionment fixed by the Tribunal, by filing proper application before the Tribunal, less the amount if any already withdrawn, with accrued interest. The Tribunal shall pass appropriate directions for the disbursal of the amount as stated supra on the filing of such application.

(iv) Connected Miscellaneous petition if any is closed . No Costs.

                                                                              [R.P.S.,J]     [S.K.,J]

                                                                                   29.04.2021



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