Madras High Court
A.Settu vs Sri Ram Tubewells on 9 April, 2021
C.M.A.No.2547 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.2547 of 2019
1.A.Settu,
S/o.late Arumugam
2.S.Sasi,
W/o.A.Settu
3.S.Raghunath,
S/o.A.Settu ... Appellants
Vs.
1.Sri Ram Tubewells,
represented by its Managing Partner
K.Selvamani,
No.151-B1, Kollapatty Village,
Animoor Post, Thiruchengode Taluk,
Namakkal District.
(1st respondent exparte before the Trial Court.
Notice may be dispensed with)
2.National Insurance Co. Ltd.,
represented by its Branch Manager,
No.81-D, North Car Street,
Second Floor, Thiruchengode – 637 211. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the Judgment and Decree dated 24.01.2019
made in M.C.O.P.No.629 of 2014, on the file of the Motor Accidents
Claims Tribunal, I Additional District and Sessions Court, Vellore.
For Appellants : Mr.P.Satheesh Kumar
For R1 : Set exparte
For R2 : Mr.J.Chandran
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Page No 1 of 6
C.M.A.No.2547 of 2019
JUDGMENT
The claimants are the appellants in this appeal. They have sought
for enhancement of compensation awarded by the Motor Accidents
Claims Tribunal (Additional District Judge, Fast Track Court-I, Erode) in
M.C.O.P.No.169 of 2007.
2. This is a tragic case of one young man aged about 22 years who
met with a fatal accident and died on 15.04.2014, just one day before he
was to attend an interview in Samsung Industrial Recruitment (Samsung
group of companies). The Tribunal has considered notional income of
Rs.6,500/- and was awarded compensation of Rs.8,99,130/- to his parents
and brother.
3. Though there is no basis on why the Tribunal has restricted the
notional income of the deceased as Rs.6,500/-, it is assumed that the
Tribunal has taken the same figure from the decision of the Hon'ble
Supreme Court in Syed Sadiq Vs. United India Insurance Co. Ltd.,
(2014) 2 SCC 735, where the Court considered a notional income of a
vegetable vendor as Rs.6,500/- in the year 2008.
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Page No 2 of 6
C.M.A.No.2547 of 2019
4. The fact that the deceased was to be employed as an electrical
engineer in Samsung Group of Companies is not in dispute. He was at
the threshold of earing independent income. It would be therefore fair to
conclude that the deceased would have earned a notional income of
Rs.12,500/- per month for the purpose of awarding compensation.
Accordingly, the compensation claimed by the appellants/claimants is to
be enhanced.
5. Therefore, the compensation awarded by the Tribunal is
re-quantified/recomputed as follows:-
Heads and Calculation Amount
Loss of earning capacity:-
Monthly Income : Rs.12,500/-
Add: Future Prospects at 40 %
(12,500 x 40/100) : Rs. 5,000/-
----------------
: Rs.17,500/-
Less: Personal Expenses 1/2nd
(17,500 x 1/2) : Rs. 8,750/-
----------------
: Rs. 8,750/-
Annual Contribution to the family
(8,750 x 12) : Rs.1,05,000/-
Multiplier 18 (1,05,000 x 18) : Rs.18,90,000/- Rs.18,90,000/-
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Page No 3 of 6
C.M.A.No.2547 of 2019
Heads and Calculation Amount
Loss of filial consortium to the 1st & 2nd appellants
(40,000 x 2) Rs. 80,000/-
Loss of Love and Affection to the 3rd appellant Rs. 30,000/-
Loss of Estate Rs. 15,000/-
Transportation Charges Rs. 10,000/-
Funeral Expenses Rs. 15,000/-
Total Rs.20,40,000/-
6. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.20,40,000/- 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.
7. On such deposit being made by the 2nd respondent/Insurance
Company, the appellants/claimants are permitted to withdraw the same
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal.
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Page No 4 of 6
C.M.A.No.2547 of 2019
8. This Civil Miscellaneous Appeal stands partly allowed with the
above observations. No costs.
09.04.2021
arb
Index : Yes/No
Internet : Yes / No
To:
The Motor Accidents Claims Tribunal,
Additional District and Sessions Court,
Vellore.
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Page No 5 of 6
C.M.A.No.2547 of 2019
C.SARAVANAN, J.
arb
C.M.A.No.2547 of 2019
09.04.2021
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Page No 6 of 6
