Madras High Court
Annamalai vs Arjunan on 17 April, 2021
C.M.A.No.4175 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4175 of 2019
1.Annamalai,
S/o.Kuppusami
2.Pappathi @ Palaniammal,
D/o.Late.Kuppusami ... Appellants
Vs.
1.Arjunan,
S/o.Chinnamuthu gounder
2.The Branch Manager,
National Insurance Company Ltd.,
No.37/2E, Salem Main Road,
Mettur Dam RS, Salem District. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 07.08.2015
made in M.C.O.P.No.94 of 2008, on the file of the Motor Accidents
Claims Tribunal, Subordinate Judge Court, Mettur.
For Appellants : Mr.S.P.Yuaraj
For Respondents :
For R1 : No appearance
For R2 : Mr.J.Chandran
JUDGMENT
The claimants are the appellants in this appeal. They are aggrieved
by the impugned Judgment and decree dated 07.08.2015 passed by the
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C.M.A.No.4175 of 2019
Motor Accidents Claims Tribunal, Subordinate Judge Court, Mettur in
M.C.O.P.No.94 of 2008.
2. By the impugned Judgment and decree, the Tribunal has
awarded a total sum of Rs.1,85,000/- as compensation for the fatal death
of the deceased aged about 66 years at the time of accident. The
claimants are the son and daughter of the deceased.
3. The Tribunal has considered notional income of Rs.3,000/- per
month and has deducted 1/3rd of the amount towards personal expenses
of the deceased. It is further submitted that the Tribunal has not awarded
any amount towards conventional heads and awarded a sum of
Rs.1,25,000/- towards pain and sufferings.
4. Mr.J.Chandran, learned counsel for the 2nd respondent/Insurance
Company submits that the appellants/claimants themselves have claimed
compensation towards pain and sufferings and therefore the Tribunal has
awarded a sum of Rs.1,25,000/- as against Rs.3,00,000/-.
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C.M.A.No.4175 of 2019
5. It is submitted that though the Tribunal has awarded the above
compensation under the head of pain and sufferings, if the amounts are
awarded towards conventional heads, the amount awarded by the
Tribunal can be considered as just compensation and therefore prayed for
confirming the award amount notwithstanding the incorrect basis in the
impugned Judgement and decree awarding the aforesaid sum of
Rs.1,85,000/- as compensation to the appellants/claimants.
6. Heard the learned counsel for the appellants and the 2 nd
respondent and perused the impugned Judgement and decree and the
records which confirms the basis of the award.
7. This is a case of fatal injury resulting the death of 66 years old
person who was stated to be a coolie. The Tribunal has considered a
meagre income of Rs.3,000/- to award the aforesaid compensation even
though the deceased was aged about 66 years and was stated to be earned
Rs.5,000/- per month.
8. It would be reasonable for the Court to infer that the deceased
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C.M.A.No.4175 of 2019
would have earned a sum of Rs.4,500/- considering the fact that the death
is of the year 2008. The Tribunal has also not awarded compensation
under the conventional heads. Considering the above, this Court is
inclined to recompute the compensation as follows:-
Heads and Calculation Amount
Loss of earning capacity:-
Monthly Income : Rs. 4,500/-
Less: Personal Expenses 1/3rd
(4,500 x 2/3) : Rs. 3,000/-
----------------
: Rs. 3,000/-
Annual Contribution to the family
(3,000 x 12) : Rs. 36,000/-
Multiplier 5 (36,000 x 5) : Rs. 1,80,000/-
Rs.1,80,000/-
Loss of Love and Affection to the appellants
(25,000 x 2) Rs. 50,000/-
Loss of Estate Rs. 15,000/-
Transportation Charges Rs. 5,000/-
Funeral Expenses Rs. 7,500/-
Total Rs. 2,57,500/-
Therefore, the compensation of Rs.1,85,000/- awarded by the Tribunal is
enhanced to Rs.2,57,500/- by adding another sum of Rs.72,500/-.
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C.M.A.No.4175 of 2019
9. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.2,57,500/- 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.
10. 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 the amount already
withdrawn if any, by filing suitable application before the Tribunal.
11. This Civil Miscellaneous Appeal stands partly allowed with the
above observations. No costs.
17.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.4175 of 2019
C.SARAVANAN, J.
arb
To:
The Motor Accidents Claims Tribunal,
Subordinate Judge Court,
Mettur.
C.M.A.No.4175 of 2019
17.04.2021
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