Madras High Court
K.Jyothi vs The Managing Partner on 30 April, 2021
C.M.A.No.1558 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1558 of 2021
1.K.Jyothi
2.K.Meena Kumari (Minor)
3.K.Jamuna (Minor)
(Petitioners 2 and 3 are rep by
their mother N/F 1st appellant)
4.K.Ranama ... Appellants
Vs.
1.The Managing Partner,
P.A.Constructions,
VIII/369, Kattakath Puthenpurakkal Building,
Near Kallada Regency PO,
Santhipuram, Thrissur,
Kerala.
(R1 set ex parte before the Tribunal hence
notice for R1 may be dispensed with for the
time being)
2.United India Insurance Company Limited,
No.134, Sillingi Building, Greems Road,
Chennai – 600 006. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree order dated
01.04.2019 made in M.C.O.P.No.4336 of 2016, on the file of the Motor
Accidents Claims Tribunal cum II Court of Small Causes, Chennai.
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C.M.A.No.1558 of 2021
For Appellant : Mr.C.Kulanthaivel
For Respondents : Mr.D.Bhaskaran
(for R2)
JUDGMENT
The claimants are the appellants in this appeal. They have sought
for enhancement of compensation awarded by the Tribunal vide
judgment and decree dated 01.04.2019 in M.C.O.P.No.516 of 2018
passed by the Motor Accidents Claims Tribunal cum II Court of Small
Causes, Chennai.
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.17,25,000/- while computing the pecuniary loss on
account of the death of the deceased. The Tribunal has considered a
notional income of Rs.10,000 in absence for any direct evidence to
substantiate that the deceased Mr.K.Balaji was earning a sum of
Rs.25,000/- pm.
3.In this appeal, the appellants have prayed for enhancement of
compensation atleast by considering the income of the deceased as
Rs.15,000 per month.
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C.M.A.No.1558 of 2021
4.Defending the impugned order, the learned counsel for the 2nd
respondent submitted that the compensation awarded by the Tribunal
towards loss of income/dependency which is reasonable and therefore
submits that the award amount may be confirmed.
5.Heard the learned counsel for the appellant and the respondent
and also perused the impugned judgment and decree dated 01.04.2019
and the evidence on the part of the record while passing the impugned
judgment and decree.
6.In my view, the Tribunal has considered a very low income of
Rs.10,000 per month. Eventhough no proper evidence has been adduced
to substantiate the monthly income of Rs.25,000/-, before Tribunal,
appellants/claimants have requested the Court to recompute the
compensation by adopting Rs.15,000/- as the notional monthly income of
the deceased.
7.In my view, in absence of direct evidence, a notional monthly
income of Rs.12,500/- can be considered for awarding a just
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C.M.A.No.1558 of 2021
compensation towards loss of dependency. Considering the fact that the
accidents is of the year 2016 and the deceased was a driver of heavy
commercial vehicle. Accordingly the amount of Rs.15,75,000/- awarded
in the impugned judgment and decree is liable to be enhanced. Further a
sum of Rs.40,000 is awarded each of the 4th and 5th appellants herein who
are the parents of the deceased Mr.K.Balaji int erms of the Hon'ble
Supreme Court in Magma Insurance Company Limited Vs Nanuram
@ Chuhruram and others, (2018) 18 SCC 130.
8.In the result, the compensation of amount is re-computed as
follows:-
Loss of dependency Rs.24,69,600/-
Monthly Notional Income Rs.14,000
including Future Prospect
40% towards Future
Prospect Rs. 5,600
----------------
Rs. 19,600
Annual contribution
of the deceased
(19,600 x 12) Rs. 2,35,200
----------------
(Rs.2,35,200x14) Rs.32,92,800
(32,92,800 x 3/4) Rs.24,69,600
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C.M.A.No.1558 of 2021
Transportation and Funeral expenses Rs. 25000/-
Loss of consortium/Filial consortium Rs. 1,60,000/-
(Rs.40,000x4)*as per the decision of the
Hon'ble Supreme Court in Magma
Total Rs.26,54,000/-
9.The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.26,54,000/- 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 six weeks from the date of receipt of a copy of
this Judgment. However, there shall be no interest for a period of 161
days being the delay in filing the present appeal. It is further noticed that
the appellants have paid Court fee for only Rs.5,00,000/-. There is a
deficit Court fee. The appellants shall therefore pay the deficit fee within
a period of four weeks from the date of receipt of a copy of this order.
Registry will draft the decree on the enhanced value of compensation
only after the appellant pay the deficit Court fee.
10.On such deposit being made by the 2nd respondent/Insurance
Company, the 1st and 4th appellants/1st and 4th claimants are permitted to
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C.M.A.No.1558 of 2021
withdraw their same together with interest accrued thereon, less any
amount already withdrawn in the same proportion as was ordered by the
Tribunal.
11. Since the 2nd & 3rd appellants/2nd & 3rd claimants are stated to
be minors 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 the 1st and 4th appellants/1st and 4th claimants for the
benefit of the minors. On attaining the age of majority, the 2nd & 3rd
appellants/2nd & 3rd claimants may also file appropriate application for
withdrawing their share of compensation.
12.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs.
30.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.1558 of 2021
To:
1.The United India Insurance Company Limited,
No.134, Sillingi Building, Greems Road,
Chennai – 600 006.
2.The Motor Accidents Claims Tribunal cum
II Court of Small Causes, Chennai.
3.The V.R.Section,
Madras High Court, Madras.
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C.M.A.No.1558 of 2021
C.SARAVANAN, J.
jas
C.M.A.No.1558 of 2021
30.04.2021
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