Madras High Court
Selvaraj vs K.S.Rangasamy College Of ... on 30 April, 2021
C.M.A.No.1753 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1753 of 2020
1.Selvaraj
S/o.Kuppan
2.Thangammal,
W/o.Selvaraj ... Appellants
Vs.
1.K.S.Rangasamy College of Technology,
Tiruchengode Taluk,
Namakkal District – 637 211.
2.The United India Insurance Company Limited,
TP HUB Divisional Office,
Peramanoor Main Road,
Salem – 7. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 13.03.2019
made in M.C.O.P.No.1820 of 2016 on the file of the Motor Accidents
Claims Tribunal, 2nd Additional District Judge, Salem.
For Appellants : Mr.SP.Yuaraj
For Respondents :
For R1 : No appearance
For R2 : Mr.J.Chandran
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C.M.A.No.1753 of 2020
JUDGMENT
This appeal has been filed by the claimants who are the parents of
the deceased-Sathishkumar who tragically met with an accident and died
on 03.08.2016.
2. The Tribunal has awarded a sum of Rs.11,15,640/- as
compensation by considering the notional income of the deceased as
Rs.8,000/- per month.
3. In this appeal, the parents of the deceased seeks enhancement of
compensation on the ground that the Tribunal ought to have awarded
monthly income of the deceased as Rs.15,000/- per month and the
Tribunal ought not to have deducted 10% contributory negligence of the
deceased for not wearing helmet. It is further submitted that the Tribunal
has not awarded any amount towards love and affection.
4. The learned counsel for the 2nd respondent/Insurance Company
submits that the impugned Judgment and decree passed by the Tribunal is
well-reasoned and requires no interference. He further submits that the
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C.M.A.No.1753 of 2020
deceased was pillion rider and was not wearing helmet at the time of
death and therefore the Tribunal accordingly deducted 10% towards
contributory negligence on the part of the deceased.
5. I have considered the arguments advanced by the learned
counsel for the appellant and the 2nd respondent. I have perused the
impugned Judgment and decree, the exhibits that were marked before the
Tribunal and the deposition of the witnesses.
6. In my view, the Tribunal ought to have considered atleast
Rs.10,500/- as notional monthly income of the deceased considering the
fact that the accident is of the year 2016 in absence of any evidence to
substantiate the same.
7. In fact, the appellants/claimants would have also difficulty in
establishing the monthly income, considering the fact that the deceased
was engaged in unauthorized sector.
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C.M.A.No.1753 of 2020
8. Therefore, with a view to award a just compensation, this Court
is inclined to consider the notional monthly income of the deceased as
Rs.10,500/- per month. The Tribunal ought to have also awarded amount
towards love and affectiont/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.
9. In my view, the Tribunal has erred in deducting 10% towards
contributory negligence of the deceased as every person driving or riding
(otherwise than in a side car, on a motor cycle of any class or description)
shall, while in a public place, wear protective headgear conforming to the
standards of Bureau of Indian Standards as per Section 129 of the Motor
Vehicles Act, 1988.
10. Therefore, the compensation awarded by the Tribunal is
re-computed as follows:-
Heads and Calculation Amount
Loss of earning capacity:-
Monthly Income : Rs.10,500/-
Add: *Future Prospects at 40%
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C.M.A.No.1753 of 2020
Heads and Calculation Amount
(10,500 x 40/100) : Rs. 4,200/-
----------------
: Rs.14,700/-
Less: Personal Expenses 1/2nd
(14,700 x 1/2) : Rs. 7,350/-
----------------
: Rs. 7,350/-
Annual Contribution to the family
(7,350 x 12) : Rs.88,200/-
Multiplier 18 (88,200 x 18) : Rs.15,87,600/- Rs.15,87,600/-
** Loss of Filial Consortium to the appellants Rs. 80,000/-
(Rs.40,000/- each)
Loss of Estate Rs. 15,000/-
Funeral Expenses Rs. 15,000/-
Transportation Rs. 10,000/-
Attender Charges Rs. 15,000/-
Total Rs.17,22,600/-
* Future prospects is added by this Court at 40% as per the
decision of the Hon'ble Supreme Court in National Insurance Company
Limited Vs. Pranay Sethi and Others, (2017) 16 SCC 680.
** Filial Consortium is granted by this court as per the decision of
the Hon'ble Supreme Court in Magma Insurance Company Limited Vs
Nanuram @ Chuhruram and others, (2018) 18 SCC 130.
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C.M.A.No.1753 of 2020
11. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.17,22,600/- after
deducting amount already deposited by it 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 within a period of six
weeks from the date of receipt of a copy of this Judgment.
12. On such deposit being made by the 2nd respondent/Insurance
Company, the appellants/claimants are permitted to withdraw their
respective shares in the same proportion as was ordered by the Tribunal,
together with interest accrued thereon, less the amount already
withdrawn if any, by filing suitable application before the Tribunal.
13. This Civil Miscellaneous Appeal stands partly allowed. No
costs.
30.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.1753 of 2020
To:
1. The Motor Accidents Claims Tribunal,
2nd Additional District Judge, Salem.
2. The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.1753 of 2020
C.SARAVANAN, J.
arb
C.M.A.No.1753 of 2020
30.04.2021
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