Madras High Court
Papppathi vs Prabakaran on 9 April, 2021
C.M.A.No.3146 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.3146 of 2019
1.Papppathi
W/o.Late Srinivasan
2.Manoharan
W/o.Late Srinivasan
3.Saravanan
S/o.Late Srinivasan … Appellants
Vs.
1.Prabakaran
S/o.Natesan
2.M/s.National Insurance Company Limited,
Divisional Office,
No.74-A, Paramathi Road,
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1/9
C.M.A.No.3146 of 2019
Namakkal. … Respondents
Prayer:
Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 03.04.2019 passed in
M.C.O.P.No.7123 of 2013 on the file of Motor Accident Claims Tribunal,
Additional District Judge, Namakkal.
For Appellants : Mr.C.Thangaraju
For Respondents : Mrs.R.Srividhya [R2]
Ex parte [R1]
*****
JUDGMENT
[The judgment of the Court was delivered by R.SUBBIAH, J]
This matter is heard through Video Conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
Tribunal in and by its judgment and decree dated 03.04.2019 passed in
M.C.O.P.No.699 of 2015 on the file of Motor Accident Claims Tribunal,
Additional District Judge, Namakkal, appellants/claimants have filed the
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C.M.A.No.3146 of 2019
present appeal.
3. For the sake of convenience, the appellants herein are referred to as
‘claimants’ and the second respondent is referred to as ‘Insurance Company’.
4. The brief facts of the case are as follows:
Claimants are wife and sons of the deceased Srinivasan. On14.03.2015 at
about 08.30 p.m., while the deceased was riding his two-wheeler bearing
Registration No.TN-46-B-3638 on the Pudupatti North Road, a Lorry bearing
Registration No.HR-55-G-8815, belonging to first respondent and insured with
the second respondent Insurance Company, came in a rash and negligent
manner and dashed against the two-wheeler, as a result of which the deceased
sustained grievous injuries and died on the spot. It is the case of claimants that
the deceased was doing contract works and was earning a sum of Rs.20,000/-
p.m. Hence, they filed a claim petition seeking compensation in a sum of
Rs.15,00,000/-.
5. Resisting the claim, the Insurance Company had filed a detailed
counter inter alia stating that the accident had not occurred in the manner as
projected by claimants. They further denied the age, occupation and income of
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C.M.A.No.3146 of 2019
the deceased.
6. To prove their claim, before the Tribunal, the claimants examined 2
witnesses and marked 15 documents. On the side of Insurance Company, 2
witnesses were examined and 9 documents were marked.
7. On appreciation of materials, the Tribunal, found that the accident had
occurred due to the negligence of both the drivers of the vehicles and fixed
75% negligence on the part of the driver of the Lorry and 25% on the part of
the deceased and held that the Insurance Company, being the insurer of the
offending vehicle, is liable to pay compensation. The compensation awarded by
the Tribunal is as follows:
Sl.No. Compensation awarded under the head Amount (in Rs.)
1. Loss of dependency 8,45,052/-
2. Loss of consortium 40,000/-
3. Loss of estate 15,000/-
4. Funeral expenses 15,000/-
Total 9,15,052/-
Rounded off to 9,15,100/-
Contributory negligence (25%) 2,28,775/-
Compensation payable 6,86,325/-
The said sum was directed to be paid together with interest at 7.5% p.a. from
the date of claim petition till the date of realization. The present appeal has
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C.M.A.No.3146 of 2019
been filed seeking enhancement of compensation by amending the claim
amount to Rs.32,25,000/-.
8. Learned counsel for claimants submits that the accident had occurred
in the year 2015 and the deceased was doing contract works at the time of
accident and was earning a sum of Rs.20,000/- p.m. PW-1/son of the deceased
had also deposed with regard to the income earned by the deceased. However,
the Tribunal had fixed only a sum of Rs.6,500/- as the monthly income of the
deceased and awarded an inadequate sum of Rs.8,45,052/- as compensation
under the head ‘loss of dependency. Thus, learned counsel prays this Court to
fix a sum of Rs.15,000/- as the monthly income of the deceased and
accordingly, enhance the compensation.
9. Per contra, learned counsel for Insurance Company made his
submissions supporting the award passed by the Tribunal.
10. This Court has considered the rival submissions and perused the
materials on record.
11. This Court finds that since the accident had occurred in the year
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C.M.A.No.3146 of 2019
2015, the sum of Rs.6,500/- fixed by the Tribunal is extremely on the lower
side. Considering the cost of living that was prevailing at that point of time, a
sum of Rs.12,000/- could be fixed as the monthly income of the deceased even
in the absence of any proof. Accordingly, a sum of Rs.12,000/- is fixed as the
monthly income of the deceased to arrive at a just and reasonable
compensation. The compensation payable under the head ‘loss of dependency’
is re-calculated as follows:
Monthly income : Rs. 12,000/-
Add: Future Prospects : Rs. 3,000/-
25% of Rs.12,000/- : ----------------------
Rs. 15,000/-
Less: Personal expenses
1/3 of Rs.15,000/- : Rs. 5,000/-
----------------------
Rs. 10,000/-
Annual income (10,000 * 12) : Rs. 1,20,000/-
Multiplier : x 13
--------------------
Rs.15,60,000/-
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C.M.A.No.3146 of 2019
--------------------
12. Further, this Court finds that no sum has been granted towards loss of
love and affection. Hence, a sum of Rs.80,000/- is granted towards loss of love
and affection. Except this modification, the award of the Tribunal, in all other
aspects, is hereby confirmed.
15. Accordingly, the modified compensation payable would be:
Compensation awarded under the Award of Award of
Sl.No. the Tribunal this Court
head (in Rs.) (in Rs.)
1. Loss of dependency 8,45,052/- 15,60,000/-
2. Loss of consortium 40,000/- 40,000/-
3. Loss of estate 15,000/- 15,000/-
4. Funeral expenses 15,000/- 15,000/-
5. Loss of love and affection - 80,000/-
Total 9,15,052/- 17,10,000/-
Rounded off to 9,15,100/- -
Less: Contributory negligence 2,28,775/- 4,27,500/-
(25%)
Compensation payable 6,86,325/- 12,82,500/-
In the result, the Civil Miscellaneous Appeal is partly allowed. The
compensation of Rs.6,86,325/- awarded by the Tribunal is hereby enhanced to
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C.M.A.No.3146 of 2019
Rs.12,82,500/-. The Insurance Company is directed to deposit the enhanced
compensation of Rs.12,82,500/-, less the amount already deposited, together
with interest at 7.5% p.a. from the date of claim petition till the date of deposit
within a period of four weeks from the date of receipt of this judgment. On such
deposit being made, the claimants are entitled to withdraw their respective
shares, as apportioned by Tribunal, on due application. No costs.
[R.P.S., J] [S.K., J]
09.04.2021
Speaking order
Index:yes/no
gm
To
1.The Motor Accident Claims Tribunal,
Additional District Judge, Namakkal.
2.The VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3146 of 2019
R.SUBBIAH, J
AND
S.KANNAMMAL, J
gm
C.M.A.No.3146 of 2019
09.04.2021
https://www.mhc.tn.gov.in/judis/
