Madras High Court

E. Kumari vs K.Haridoss on 17 April, 2021

                                                                            C.M.A.No.1998 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 17.04.2021

                                                    CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                              C.M.A.No.1998 of 2016

                     1. E. Kumari
                     2. E.Dhanacheliyan
                     3. E.Thangaraj
                     4. R. Ramayee                             .... Appellants

                                                    Versus


                     1.K.Haridoss
                      (was set exparte in the Trial Court)
                     2. ICICI Lomboard GI. Insurance Co. Ltd.
                        Arihant Plaza,
                        No.84/85,
                        Walltax Road,
                        Chennai – 600 003.
                        Now Functioning at
                        ICICI Lombard GI Insu. Co.
                        Chotabhai Towers,
                        No.140, Nungambakkam High Road,
                        Chennai – 600 006.                    ....    Respondents


                     Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, 1988 against the judgment and decree dated 18.12.2012
                     made in MACT OP No.2825 of 2011 on the file of the Chief Judge,
                     Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.




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                                                                               C.M.A.No.1998 of 2016

                     For Appellants                    : Ms.P.T.Salim Fathima
                     For Respondents                   : R1 – Exparte
                                                         R2 – Ms.Shobana for
                                                             Mrs.R.Sree Vidhya

                                                       JUDGMENT

This appeal has been filed by the claimants seeking enhancement

of compensation under the impugned award dated 18.12.2012 passed by

the Motor Accident Claims Tribunal, Court of Small Causes, Chennai in

MCOP No.2825 of 2011.

2. The appellants are the claimants and the Legal Representatives

of the deceased R.Elumalai Gounder, who died on 12.06.2011 as a result

of an accident caused by a vehicle owned by the first respondent and

insured with the second respondent.

3. The claimants are the legal representatives and the dependants

of the deceased and they are his wife, two sons and his mother. They

preferred a claim before the Motor Accidents Claims Tribunal, Court of

Small Causes, Chennai against the owners of the vehicle as well as the

second respondent Insurance Company seeking a compensation of

Rs.16,00,000/-.

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C.M.A.No.1998 of 2016

4. The Motor Accidents Claims Tribunal (Sub Court, Tiruvallur)

by its award dated 18.12.2012 passed in M.A.C.T.O.P. No.2825 of 2011,

directed the second respondent / Insurance Company to pay the

claimants a sum of Rs.7,34,528/- together with interest at 7.5% per

annum from the date of claim till the date of realization. Out of the total

compensation, the Tribunal determined the amount payable to the first

claimant being the Wife of the deceased at Rs.4,80,000/-, the second and

third claimants being two sons of the deceased at Rs.1,00,000/- each and

the fourth claimant being the mother of the deceased at Rs.54,528/-.

5.The details of compensation awarded by the Tribunal are as

follows:

                                               Heads                 Amount awarded
                                                                      by the Tribunal
                                                                           (Rs.)
                                   Pecuniary benefits                       6,84,528/-
                                   (4500 + 30% = Rs.5850 - 1/4
                                   = 4388 x 12 x 13 )
                                   Loss of consortium to the 1st              10,000/-
                                   claimant
                                   Loss of love and affection to 2            30,000/-
                                   to 4th claimants
                                   Funeral expenses                           10,000/-
                                   Total                                   7,34,528/-

6. The appellants unsatisfied with the quantum of compensation https://www.mhc.tn.gov.in/judis/

C.M.A.No.1998 of 2016

awarded by the Tribunal have preferred this appeal seeking for

enhancement.

7. Heard Ms.P.T.Salim, learned counsel for the appellants and

Ms.Shobana, learned counsel for the second respondent / Insurance

Company. R1 was set ex-parte before the Tribunal, hence notice to R1 is

dispensed with.

8. The deceased R. Elumalai gounder was aged 49 years and was

employed as Security Guard at the time of the accident. In the claim

petition, the appellants / claimants have claimed that the deceased was

earning Rs.6500/- per month plus batta and other allowances. However,

the Tribunal under the impugned award fixed the notional monthly

income of the deceased only at Rs.4,500/- which in the considered view

of the Court is low. The Tribunal ought to have given due consideration

to the year of the accident before fixing the notional monthly income of

the deceased. The accident happened in the year 2011 and considering

the same, this Court fixes the notional monthly income of the deceased at

Rs.7,500/- instead of Rs.4,500/- fixed by the Tribunal. The Tribunal has

awarded 30% to the appellants / claimants towards loss of future https://www.mhc.tn.gov.in/judis/

C.M.A.No.1998 of 2016

prospects, which is not in consonance with the decision of the Hon'ble

Supreme Court in the case of National Insurance Co. Ltd. vs. Pranay

Sethi reported in 2017 16 SCC 680. The deceased was aged 49 years

and therefore, the loss of future prospects ought to have been fixed at

25% and not at 30% as fixed by the Tribunal. Hence, the loss of future

prospects is reduced to 25% from 30% fixed by the Tribunal. The

Tribunal has rightly deducted ¼th towards personal expenses of the

deceased and has also adopted the correct multiplier of 13 and the same

is confirmed by this Court. In view of the enhancement of the notional

monthly income of the deceased from Rs.4,500/- to Rs.7,500/- and the

decrease in loss of future prospects from 30% to 25%, the loss of

pecuniary benefits to the appellants / claimants is enhanced from

Rs.6,84,528/- to Rs.10,96,836/- by this Court.

9. The loss of consortium assessed by the Tribunal for the first

appellant / claimant, who is the wife of the deceased at Rs.10,000/- is

also low and is not in accordance with the Pranay Sethi Judgment

referred to supra. Accordingly, the same is enhanced to Rs.40,000/- from

Rs.10,000/-. Similarly, the compensation awarded by the Tribunal

towards loss of love and affection to the 2nd to 4th appellants at https://www.mhc.tn.gov.in/judis/

C.M.A.No.1998 of 2016

Rs.10,000/- each is also low and it has to be enhanced to Rs.25,000/-

each. Accordingly, the compensation towards loss of love and affection

to the 2 to 4th appellants is enhanced to Rs.75,000/- from Rs.30,000/-

fixed by the Tribunal calculated at Rs.25,000/- each for each of the

appellants. The funeral expenses awarded by the Tribunal at Rs.10,000/-

is also low and this Court enhances the same to Rs.15,000/- in

accordance with the settled law.

10. The Tribunal has also failed to award any compensation

towards loss of estate in accordance with the settled law. Accordingly,

this Court awards a compensation of Rs.15,000/- towards loss of estate to

the appellants / claimants.

11. For the foregoing reasons, the award of the Tribunal is hereby

modified in the following manner :

                                       Heads             Amount awarded Amount awarded
                                                          by the Tribunal by this Court
                                                               (Rs.)          (Rs.)
                           Pecuniary benefits                     6,84,528/-        10,96,836/-

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                                                                             C.M.A.No.1998 of 2016


                                      Heads                Amount awarded Amount awarded
                                                            by the Tribunal by this Court
                                                                 (Rs.)          (Rs.)
                           (4500 + 30% = Rs.5850 -                      *                      #
                           1/4 = 4388 x 12 x 13 )
                           Loss of consortium to the              10,000/-            40,000/-
                           1st claimant
                           Loss of love and affection to          30,000/-            75,000/-
                           2 to 4th claimants
                           Funeral expenses                       10,000/-            15,000/-
                           Loss of estate                                -            15,000/-
                           Total                               7,34,528/-        12,41,836/-

12. In the result, the appeal filed by the appellant / claimant,

stands partly allowed by enhancing the compensation from Rs.7,34,528/-

to Rs.12,41,836/-, as indicated above. No costs.

15. The second respondent / Insurance Company is directed to

deposit the entire award amount as assessed by this Court together with

interest at 7.5% p.a. from the date of claim petition till the date of

realization, less the amount, if any, already deposited to the credit of

MACT OP No.2825 of 2011 on the file of the Chief Judge, Motor

Accidents Claims Tribunal (Court of Small Causes), Chennai, within a

period of four weeks from the date of receipt of a copy of this Judgment.

On such deposit being made, the Tribunal is directed to transfer the

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