Madras High Court

P. Malliga vs M.Indramoorthy on 3 August, 2021

CMA No.1736 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

CMA No.1736 of 2016

1. P. Malliga
2. P.Pitchai
3. M.Vijayabama ... Appellants

versus

1. M.Indramoorthy
(R1 was set exparte in the trial Court)

2. United India Insurance Co. Ltd.,
No.1170, Muthia Complex,
Mettur Road,
Erode. .... Respondents

Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 14.08.2015 made in
MCOP No.307 of 2014 on the file of the Motor Accidents Claims
Tribunal (Special District Judge), Erode.

For Appellants : Ms.V.Suguna

For Respondents : Ms.I.Malar for R2
R1 - Exparte

https://www.mhc.tn.gov.in/judis/
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CMA No.1736 of 2016

JUDGMENT

(Heard Video Conference)

This appeal has been filed by the claimants seeking enhancement

of compensation under the impugned award dated 14.08.2015 passed by

the Motor Accidents Claims Tribunal, Sub District Judge, Erode in

MCOP No.307 of 2014.

2. The appellants / claimants unsatisfied with the quantum of

compensation awarded by the Tribunal under the impugned award have

preferred this appeal seeking for enhancement.

3. The details of the compensation awarded by the Tribunal under

the impugned award to the appellants / claimants are as follows :-

                                               Heads                Amount awarded
                                                                     by the Tribunal
                                                                          (Rs.)
                                   For Funeral expenditure                     25000
                                   For Transportation                          10000
                                   For loss of love and affection              25000
                                   For loss of dependency                    972000
                                   Total                                    1032000




https://www.mhc.tn.gov.in/judis/

                                                                                    CMA No.1736 of 2016

4. Heard Ms.V. Suguna, learned counsel for the appellants/

claimants and Mr.I.Malar, learned counsel for the second respondent.

The first respondent remained ex-parte both before the Tribunal and

before this Court.

5. This Court has perused and examined the impugned award

before the Tribunal.

6. The appellants are the dependants of the deceased

P.Karthikeyan, who died on 09.10.2013 as a result of an accident caused

by a vehicle owned by the first respondent and insured with the second

respondent. The first and second appellants are the parents of the

deceased and the 3rd appellant is the sister of the deceased.

7. Before the Tribunal, the appellants / claimants have filed 24

documents which were marked as Exs.P1 to P24 and 3 witnesses were

examined on their side viz., the second appellant, who is the father of the

deceased as PW1 and Mr.Basith, an eye witness to the accident as PW2

and Saravana Mohanakumar, the Proprietor of M/s.Charm Engineering

Company, Erode, where the deceased was working at the time of the https://www.mhc.tn.gov.in/judis/

CMA No.1736 of 2016

accident as PW3. On the side of the respondents neither any document

has been filed nor any witness has been examined before the Tribunal.

8. In the claim petition, the appellants / claimants have pleaded

that the deceased was working at Samsung Company earning Rs.20,000/-

p.m., at the time of the accident. Before the Tribunal, the appellants /

claimants have filed the salary certificate of the deceased, dated

24.07.2015, which has been marked as Ex.P23. However, the Tribunal

disbelieved the salary certificate on the ground that no supporting

documents were filed like bank pass book, appointment order and wage

disbursement register. Therefore, the Tribunal fixed the monthly income

of the deceased on notional basis and fixed the same at Rs.6,000/-p.m.

The accident happened in the year 2013. This Court is of the considered

view that the assessment of the notional monthly income of the deceased

for an accident of the year 2013 at Rs.6,000/- is too low. If the year of

the accident and the avocation of the deceased was taken into

consideration, the Tribunal ought to have fixed the notional monthly

income of the deceased at a much higher sum. This Court after giving

due consideration to the avocation of the deceased as well as the year of

the accident fixes the notional monthly income of the deceased at https://www.mhc.tn.gov.in/judis/

CMA No.1736 of 2016

Rs.12,000/- instead of Rs.6,000/- fixed by the Tribunal.

9. The Tribunal has also awarded compensation towards loss of

future prospects at 50%. The deceased being an employee of a private

concern and when no evidence has been produced before the Tribunal to

show that he was a permanent employee, the appellants / claimants are

entitled for compensation towards loss of future prospects only at 40%

as per Pranay Sethi's judgment and not 50% as fixed by the Tribunal

under the impugned award. Accordingly, this Court modifies the same

to 40% instead of 50%.

10. The Tribunal has rightly deducted 50% towards the personal

expenses of the deceased under the impugned award as he was a bachelor

and the same is confirmed by this Court.

11. The deceased was aged 21 years at the time of the accident.

The Tribunal has rightly adopted the correct multiplier of 18. Since the

notional monthly income of the deceased is enhanced to Rs.12,000/- by

this Court, the compensation for loss of dependency payable to the

appellants / claimants is enhanced to Rs.18,14,400/- (Rs.12,000/- + 40% https://www.mhc.tn.gov.in/judis/

CMA No.1736 of 2016

= Rs.16,800/- x 12 x 50% x 18= Rs.18,14,400/-) instead of Rs.9,72,000/-

fixed by the Tribunal, which is calculated hereunder :

12. The Tribunal has awarded a compensation of Rs.25,000/-

towards funeral expenses, which is high and is not in accordance with

Pranay Sethi's judgment, where the Hon'ble Supreme Court fixed the

compensation towards funeral expenses at Rs.15,000/-. Accordingly, this

Court reduces the compensation towards funeral expenses from

Rs.25000/- to 15,000/-.

13. Since it is a fatal accident claim, the appellants / claimants are

not entitled to transport costs, but however, the Tribunal has erroneously

granted a sum of Rs.10,000/- towards transportation, which has to be set

aside by this Court. Accordingly, this Court sets aside the same.

14. However, the Tribunal has awarded a meagre compensation

towards loss of love and affection at Rs.25,000/- which has to be

necessarily enhanced to Rs.80,000/- as the parents of the deceased are

each entitled to Rs.40,000/- as per Pranay Sethi's judgment referred to

supra. Therefore, this Court enhances the compensation towards loss of https://www.mhc.tn.gov.in/judis/

CMA No.1736 of 2016

love and affection to Rs.80,000/- instead of Rs.25,000/- fixed by the

Tribunal. Since, the 3rd appellant is the married sister of the deceased,

she is not entitled for any compensation towards loss of love and

affection, as she is not a dependant of the deceased.

15. However, the Tribunal has erroneously failed to award any

compensation towards loss of estate to the appellants / claimants, which

they are legally entitled as per Pranay Sethi's judgment, referred to

supra. As per the said judgment, the appellants / claimants are entitled to

Rs.15,000/- towards loss of estate.

16. 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.)
                           For Funeral expenditure                   25000                15000
                           For Transportation                        10000                      -
                           For loss      of    love   and                                 80000
                           affection                                 25000
                           For loss of dependency                   972000             1814400
                           Loss of estate                                  -              15000
                           Total                                   1032000            19,24,400

https://www.mhc.tn.gov.in/judis/

                                                                                 CMA No.1736 of 2016

17. In the result, the appeal filed by the appellants / claimants,

stands partly allowed by enhancing the compensation from

Rs.10,32,000/- to Rs.19,24,400/- as indicated above. No costs.

13. 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

MCOP No.307 of 2014 on the file of the Motor Accidents Claims

Tribunal (Special District Judge), Erode, within a period of eight weeks

from the date of receipt of a copy of this Judgment. On such deposit

being made, the Tribunal is directed to transfer the award amount directly

to the bank account of the 1st appellant /first claimant, in terms of the