Madras High Court
N.Sabira Begam vs N.Palani(Died) on 19 April, 2021
C.M.A.No.1280 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1280 of 2021
(Through Video Conferencing)
1.N.Sabira Begam
2.S.Beer Mohammed ... Appellants
vs.
1.N.Palani(Died)
2.The United India Insurance Co., Ltd.,
13-A, Nethaji Road,
Manjakuppam, Cuddalore. ... Respondents
Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 19.02.2019
made in M.C.O.P.No.3407 of 2014 on the file of the Motor Accident
Claims Tribunal (Principal District Judge) Cuddalore.
For Appellant : M/s.Ramya V.Rao
For 2nd Respondent : Mr.J.Chandran
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C.M.A.No.1280 of 2021
JUDGMENT
The appellants are the claimants and they are aggrieved by the
impugned Judgment and Decree dated 19.02.2019 passed by the learned
Principal (Principal District Judge) Cuddalore in M.C.O.P.No.3407 of
2017 .
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs11,45,000/- as compensation together with interest
at 7.5% from the date of the claim petition till the date of deposit to the
appellants/claimants.
3. On 30.08.2014 at about 9.45 a.m., while the deceased
Nasurudeen was standing in the left side of the Bhuvangiri- Cuddalore
road at Kottupulichavadi, when a bus bearing Reg.No.PY.01.BZ.7007
allegedly driven in a rash and negligent manner and knocked the
deceased Nasurudeen, as a result of which, the deceased Nasurudeen
sustained injuries and later died in the hospital. Therefore, the appellants
filed the above claim petition in M.C.O.P No.3407 of 2014 for
compensation.
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C.M.A.No.1280 of 2021
4. The Tribunal after considering the pleadings, oral and
documentary evidence, held that the accident occurred due to rash and
negligent driving of the driver of the insured car and therefore directed
the 2nd respondent / Insurance Company to pay a sum of Rs.11,45,000/-
as compensation together with interest and cost from the date of the
claim petition till the date of deposit to the appellants/claimants. The
break up of the amount awarded by the Lower Court are summarised
below:-
For loss of income - Rs.6,000/- x 12x Rs.10,75,000/-
16x1/3
Loss of consortium Rs. 40,000/-
Loss of Estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
Total Rs.11,45,000/-
5. Not being satisfied with the amounts awarded by the Tribunal,
the appellants have filed the present appeal for enhancement of
compensation.
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C.M.A.No.1280 of 2021
6. The learned counsel for the appellants submit that the notional
income of the deceased fixed by the Tribunal was too low, as a result of
which, the compensation awarded was also too low. It is submitted that in
the decision of the Hon’ble Supreme Court in Syed Sadiq Vs. United
India Insurance Co.Ltd., (2014) 2 SCC 735, a vegetable vendor's
income was fixed as Rs.6,500/- per month. In this case, the deceased was
a Fancy Jwellary and Ornament s maker and Seller and was earning a
sum of Rs.20,000/-p.m. and therefore the Tribunal ought to have atleast
considered the notional income of the deceased at Rs.12,500/- p.m. It
was submitted that the Tribunal has not granted any amount towards loss
of love and affection. The amounts awarded by the Tribunal towards loss
of consortium is meagre and prayed for enhancement of compensation.
7. Per contra, the learned counsel appearing for the second
respondent-Insurance Company contended that the appellants have not
produced any material evidence to prove the avocation and income of the
deceased. In absence of any material evidence with regard to avocation
and income, a sum of Rs.6,000/- per month fixed by the Tribunal as
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C.M.A.No.1280 of 2021
notional income of the deceased cannot be said to be meagre. Therefore,
he prayed for dismissal of the appeal.
8. I have considered the arguments of the learned counsel for the
appellants and the learned counsel for the second respondent-Insurance
Company and also perused all the materials available on record.
9. The income of the deceased fixed by the Tribunal appears to
be low. Considering the fact that the appellants/claimants have not
produced any evidence to substantiate the same. In Syed Sadiq Vs.
United India Insurance Co.Ltd., 2014 (1) TN MAC 459, the Hon’ble
Supreme Court fixed the notional income of a vegetable vendor as
Rs.6,500/- per month in 2008. In the present case, the accident is of the
year 2014. Therefore, the monthly income fixed by the Tribunal is
disproportionately low considering the change in living standards.
Therefore, I am inclined to fix the notional income of the deceased as
Rs.12,500/- per month for the purpose of awarding compensation. The
Tribunal has not granted any amount towards loss of love and affection.
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C.M.A.No.1280 of 2021
10. It is noticed that as per the decision of the Hon’ble Supreme
Court reported in Magma General Insurance Company Ltd. vs.
Nanuram @ Chuhru Ram and Others, (2018) 18 SCC 130 thus the
amount awarded towards filial consortium also is to be added.
11. Therefore, the amount awarded by the Tribunal towards loss
of dependency is increased. The Tribunal has awarded a sum of
Rs.40,000/- towards loss of consortium and Rs.15,000/- towards loss of
estate. They are confirmed. The Tribunal has not awarded any amount
towards loss of love and affection to the 2nd appellant. Therefore, a sum
of Rs.40,000/- is awarded. The Tribunal has awarded a sum of
Rs.15,000/- towards funeral expenses . Same is therefore confirmed.
12. Therefore, the compensation awarded by the Tribunal is
modified under the various heads as follows:
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C.M.A.No.1280 of 2021
Re-quantified
Heads and Calculation amount of
compensation by
this Court
Loss of dependency:-
Monthly Income of the deceased : Rs.12,500/-
Add: Future Prospectus at 40%
(12,500 x 40/100) : Rs. 5,000/-
---------------
: Rs.17,500.00
Less: Personal Expenses at 1/3rd
(17,500 x 1/3rd ) : Rs. 5,833.33
---------------
: Rs.11,666.67-
---------------
Annual contribution to the family
(11,666.67 x 12) : Rs1,40,000/-
Age : 32
Multiplier – 16 (1,40,000 x16) : Rs.22,40,000/- Rs.22,40,000/-
Loss of consortium Rs. 40,000/-
Loss of Love and affection (filial consortium ) Rs. 40,000/-
Loss of Estate Rs. 15,000/-
Funeral and Transport expenses Rs. 15,000/-
Total Rs.23,50,000/-
13. The second respondent – Insurance Company is therefore
directed to deposit the enhanced amount of compensation of
Rs.23,50,000/- together with interest at 7.5% per annum from the date of
the claim petition till the date of such deposit to the credit of
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C.M.A.No.1280 of 2021
M.C.O.P.No.3407 of 2014 on the file of the Motor Accident Claims
Tribunal (Principal District Judge) Cuddalore, less any amount already
deposited, within a period of six weeks from the date of receipt of a copy
of this Judgment. The appellants are directed to pay necessary Court
fee, if any, on the enhanced compensation.
14. On such deposit, the first appellant is permitted to withdraw
Rs.15,50,000 /- and the second appellant is permitted to withdraw
Rs.8,00,000/- together with interest accrued thereon, less any amount
already withdrawn, by filing suitable applications before the Tribunal.
15. Accordingly, this Civil Miscellaneous Appeal is partly allowed
with the above observations. No cost.
19.04.2021
Index : Yes/No
Internet : Yes/No
kkd
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C.M.A.No.1280 of 2021
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C.M.A.No.1280 of 2021
C.SARAVANAN,J.
kkd
To
The Motor Accident Claims Tribunal
(Principal District Judge) Cuddalore.
C.M.A.No.1280 of 2021
19.04.2021
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