Madras High Court
Krishnan vs Mohan on 9 April, 2021
CMA.No.2696 & 2697 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2696 & 2697 of 2019
(Through Video Conferencing)
CMA.No.2696 of 2019
1.Krishnan
2.Gandhi
3.Paramasivam
4.Kuppammal ... Appellants
Vs
1.Mohan
(1st respondent was set ex-parte
before the Tribunal)
2.The Branch Manager,
Cholamandalam Insurance Company Limited,
Dare House 2nd Floor,
NSC Bose Road,
Chennai – 600 001. ... Respondents
CMA.No.2697 of 2019
1.Vijayalakshmi
2.Archina
3.Achudha
4.Minor Ajithkuar
(Rep by his mother Vijayalakshmi) .. Appellants
1/13
CMA.No.2696 & 2697 of 2019
Vs.
1.Mohan
(1st respondent was set ex-parte
before the Tribunal)
2.The Branch Manager,
Cholamandalam Insurance Company Limited,
Dare House 2nd Floor,
NSC Bose Road,
Chennai – 600 001. .. Respondents
Prayer in CMA.No.2696 of 2019: Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the Judgment
and Decree in M.C.O.P.Nos.245 of 2015 dated 17.01.2018 respectively,
on the file of the Motor Accidents Claims Tribunal / Third Additional
District Court, Kallakurichi.
Prayer in CMA.No.2697 of 2019: Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the Judgment
and Decree in M.C.O.P.Nos.244 of 2015 dated 17.01.2018 respectively,
on the file of the Motor Accidents Claims Tribunal / Third Additional
District Court, Kallakurichi.
For Appellant : Mr.N.Manokaran (in both CMAs)
For R1 : No Appearance (in both CMAs)
For R2 : Mr.E.Rajadurai for
Mr.N.Vijayaraghavan (in both CMAs)
JUDGMENT
By this common judgment, both these appeals are being disposed
of.
CMA.No.2696 & 2697 of 2019
2. These Civil Miscellaneous Appeals have been filed by the
appellants-claimants against the impugned Judgment and Decree dated
17.01.2018 passed by the Motor Accident Claims Tribunal (Third
Additional District Court), Kallakurichi in M.C.O.P.No.245 of 2015 (in
CMA.No.2696 of 2019) and MCOP.No.244 of 2015 (in CMA.No.2697
of 2019).
3. By the impugned Judgment and Decree in CMA.No.2696 of
2019, the Tribunal has awarded a sum of Rs.10,27,000/- together with
interest at 7.5% per annum from the date of filing of the claim petition till
the date of deposit, to the appellants/claimants.
4. By the impugned Judgment and Decree in CMA.No.2697 of
2019 the Tribunal has awarded a sum of Rs.8,06,000/- together with
interest at 7.5% per annum from the date of filing of the claim petition till
the date of deposit, to the appellants/claimants.
5. The break up of the amount awarded by the Tribunal are
detailed below:-
CMA.No.2696 & 2697 of 2019
[M.C.O.P.No.245 of 2015 in
CMA.No.2696 of 2019]
S.No. Heads Amount awarded by the
Tribunal
1 Loss of Dependency(Rs.6,000 -1/4 x Rs. 9,72,000/-
12 x 18) = (Rs.4,500 x 12 x 18)
2 Funeral Expenses Rs. 25,000/-
3 Loss of Love and Affection to 1st Rs. 20,000/-
and 2nd petitioners (Rs.10,000/-
each)
4 Loss of Love and Affection to 3rd Rs.10,000/-
and 4th petitioners (Rs.5,000/- each)
Total Rs.10,27,000/-
[M.C.O.P.No.244 of 2015 in
CMA.No.2697 of 2019]
S.No. Heads Amount awarded by the
Tribunal
1 Loss of Dependency(Rs.6,000 -1/4 x Rs. 7,56,000/-
12 x 18) = (Rs.4,500 x 12 x 14)
2 Funeral expenses Rs. 25,000/-
3 Loss of Consortium to the 1st appellant Rs. 10,000/-
4 Loss of Love and Affection to 2nd to Rs.15,000/-
4th appellant (Rs.5,000/- x 3)
Total Rs.8,06,000
/-
CMA.No.2696 & 2697 of 2019
6. In both the appeals, according to the appellants, on 24.01.2015
at about 17 hrs, while the deceased Govindan, Rajamani and 5 other
persons were travelling in a mini Tempo Van bearing Reg.No.TN-30-AS-
8698, belonging to the 1st respondent insured with the 2nd respondent
Insurance Company was driven in a rash and negligent manner, as a
result of which, two of them died on the spot. Therefore, the claim
petition was filed by the appellants for the compensation.
7. After considering the evidence on record, the Tribunal disposed
both the MCOP.Nos.244 and 245 of 2015 by a common judgment and
separate decrees dated 17.01.2018. In the present appeals, the appellants
have prayed for enhancement of compensation.
8. In these appeals, the appellants are the Legal representatives of
the deceased Rajamani and Govindan. While awarding the aforesaid
compensation of Rs.10,27,000/- and Rs.8,06,000/- respectively to the
appellants/claimants, in both the appeals, the Tribunal has considered a
notional income of the deceased as Rs.6,000/- per month. It is further
submitted that both the deceased were Loadman. It is therefore
CMA.No.2696 & 2697 of 2019
submitted that the Tribunal ought to have taken the monthly income of
the deceased as Rs.10,000/- p.m. as was declared in the claim petition.
9. Defending the impugned judgment and decree, the learned
counsel for the 2nd respondent Insurance Company submits that the
Tribunal has rightly fixed the liability on the owner of the insured vehicle
as per the decision of this Court reported in Bharathi AXA General
Insurance Company Limited Vs. Aandi and others [(2019) ACJ
1975], wherein the Court held as follows:
“51. No doubt true that in may cases the claimants may not
be able to realise the award amount from the owners of the
vehicle involved in the accident. But, the said factual
situation alone cannot impel us to do something against the
provisions of the statute and the decisions of the larger
benches of the Hon'ble Supreme Court of India.
52. In fine, all the appeals will stand allowed only in
respect of the question of liability of the Insurance company
to pay the compensation. The quantum of compensation is
affirmed and there will be an award only against the owner
of the vehicle viz., 1st respondent in all the original petitions
CMA.No.2696 & 2697 of 2019
and the award against the Insurance company will stand
set aside. However, in view of the fact that the claimants
are not before us”.
10. Heard the learned counsel for the appellants and the learned
counsel for the 2nd respondent Insurance Company in both the appeals. I
have perused the impugned Judgment and Decree passed by the Tribunal.
The Insurance company has not challenged the award passed by he
Tribunal. Therefore, the decision in Bharathi AXA General Insurance
Company Limited Vs. Aandi and others (cited supra) is of no relevant.
The present appeal is confined to the quantum of the compensation.
11. In my view, the Tribunal has considered a notional income of
the deceased as Rs.6,000/-, even though the deceased was working as a
loadman. As per the decision of the Hon'ble Supreme Court in Syed
Sadiq Vs. United India Insurance Co.Ltd., (2014) 2 SCC 735, the
Court has considered the notional income of a vegetable vendor as
Rs.6,500/- in the year 2008. In the present case, the accident took place
on 24.01.2015. Considering the same, I am inclined to consider the
monthly notional income of the deceased as Rs.7,500/- for the purpose of
CMA.No.2696 & 2697 of 2019
awarding a just compensation to the appellants/claimants in both the
appeals.
12. The compensation awarded towards loss of love and affection
appears to be very low. The Tribunal has not awarded towards loss of
estate. Similarly, the appellants are entitled for future prospects as per
the decision of the Hon'ble Supreme Court in National Insurance
Company Limited Vs. Pranay Sethi and Others, (2017) 16 SCC 680,
and the decision of the Hon'ble Supreme Court in Magma General
Insurance Company Limited Vs. Nanuram @ Chuhru Ram and
Others, (2018) 18 SCC 130. Accordingly, the compensation awarded to
the claimants in the respective appeals are re-computed as follows:
CMA.No.2696 of 2019
Re-quantified
Heads & Calculation amount of
Compensation by
this Court
Loss of dependency
i) Notional income of the deceased : Rs. 7,500/-
ii) Add: Future prospects @ 40% : Rs. 3,000/-
---------------
: Rs.10,500/-
Age 25 years (bachelor)
iii) Less : Personal Expenses @ 50%
(Rs.10,500 x50%) : Rs. 5,250/-
CMA.No.2696 & 2697 of 2019
Re-quantified
Heads & Calculation amount of
Compensation by
this Court
----------------
: Rs. 5,250/-
----------------
iv) Annual Contribution to the family
(Rs.5,250 x12) : Rs.63,000/- Rs. 11,34,000/-
v)Multiplier 18
(Rs.63,000 x18) : Rs.11,34,000/-
Loss of Estate Rs. 15,000/-
Loss of filial consortium Rs. 80,000/-
to the 1st and 2nd appellant (Rs.40,000/- each)
Loss of Love and Affection to Rs. 50,000/-
the 3rd and 4th appellant (Rs.25,000/- each)
Funeral expenses Rs. 15,000/-
Total Rs. 12,94,000/-
CMA.No.2697 of 2019
Re-quantified
Heads & Calculation amount of
Compensation by
this Court
Loss of dependency
i) Notional income of the deceased : Rs. 7,500/-
ii) Add: Future prospects @ 25% : Rs. 1,875/-
---------------
: Rs. 9,375/-
Age 44 years
iii) Less : Personal Expenses @ 1/4
(Rs.9,375 x 1/4) : Rs. 2,344/-
----------------
: Rs. 7,031/-
----------------
CMA.No.2696 & 2697 of 2019
Re-quantified
Heads & Calculation amount of
Compensation by
this Court
iv) Annual Contribution to the family
(Rs.7,031 x12) : Rs.84,372/-
v)Multiplier 18
(Rs.84,372 x18) : Rs.15,18,696/- Rs. 15,18,696/-
Loss of Estate Rs. 15,000/-
Loss of Love and Affection Rs. 1,20,000/-
to the appellants 2 to 4 (Rs.40,000/- each)
(Rs.40,000/- x 3)
Funeral expenses Rs. 15,000/-
Total *Rs. 16,68,696/-
* Rounded off Rs.16,68,700/-
13. Thus, in CMA.No.2696 of 2019, the compensation of
Rs.10,27,000/- awarded by the Tribunal is enhanced to Rs.12,94,000//-.
In CMA.No.2697 of 2019, the compensation of Rs.8,06,000//- awarded by
the Tribunal is enhanced to Rs.16,68,700/-.
14. In CMA.No.2696 of 2019, the 2nd respondent Insurance
company is directed to deposit the enhanced award amount of
Rs.12,94,000/- together with interest at 7.5% per annum from the date of
claim petition till the date of deposit, within a period of six weeks from
CMA.No.2696 & 2697 of 2019
the date of receipt of a copy of this Judgment. On such deposit, the
appellants are entitled to withdraw their shares equally as was ordered by
the Tribunal together with interest accrued thereon, less any amount
already withdrawn, by filing suitable application before the Tribunal.
15. In CMA.No.2697 of 2019, the 2nd respondent Insurance
company is directed to deposit the enhanced award amount of
Rs.16,68,700/- together with interest at 7.5% per annum from the date of
claim petition till the date of deposit, within a period of six weeks from
the date of receipt of a copy of this Judgment.
16. On such deposit, being made by the learned counsel for the 2nd
respondent – Insurance Company, the appellants 1 to 3 are permitted to
withdraw their respective shares in the same proportion as was ordered
by the Tribunal, together with interest accrued thereon, less any amount
already withdrawn, by filing suitable applications before the Tribunal.
The 4th appellant was aged about 16 years at the time of filing of the
claim petition in 2015. Since the 4th appellant would have attained the
age of majority, he is permitted to file appropriate application before the
CMA.No.2696 & 2697 of 2019
Tribunal for recording the age of majority to withdraw his share. The
Tribunal may thereafter allow the 4th appellant to withdraw his share.
17. Accordingly, these Civil Miscellaneous Appeals are partly
allowed. No costs.
09.04.2021
drl
Index : Yes/No
Internet : Yes/No
To:
1.The Motor Accidents Claims Tribunal,
Third Additional District Court,
Kallakurichi.
2.The Section Officer,
VR Section,
High Court,
Madras.
CMA.No.2696 & 2697 of 2019
C.SARAVANAN, J.
drl
C.M.A.Nos.2696 & 2697 of 2019
09.04.2021
