Madras High Court
M.Venkatesan vs S.Umamaheswari on 5 August, 2021
C.M.A.No.1551 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.1551 of 2021
1.M.Venkatesan
2.V.Pachaiyammal
3.V.Karthika
4. V.Tamil Arasi .. Appellants
Vs.
1.S.Umamaheswari
2. United India Insurance Co., Ltd.,
Third Party Service Hub,
Plot No.35,36,37 AR Plaza,
45 Fee Road, Balaji Nagar Extn.,
Saram, Puducherry-605011. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
29.08.2019 made in M.C.O.P.No.375 of 2018 on the file of the Motor
Accident Claims Tribunal/(Principal District Judge,Cuddalore).
1/9
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C.M.A.No.1551 of 2021
For Appellants : Ms.Ramya V.Rao
For Respondents : No appearance (R1)
Mr.Krishnamoorthy (R2)
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 29.08.2019 made in
M.C.O.P.No.375 of 2018 on the file of the Motor Accident Claims Tribunal,
Principal District Judge, Cuddalore.
2.The appellants are the claimants in M.C.O.P.No.375 of 2018 on the
file of the Motor Accident Claims Tribunal, Principal District Judge,
Cuddalore. They filed the above said claim petition, claiming a sum of
Rs.30,00,000/- as compensation for the death of one Mr.V.Tamilselvan, who
died in an accident that took place on 25.09.2017.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the Maxi Cab (Tata Venure) belonging to 1st respondent and
directed the respondents 1 to 2 to pay a sum of Rs.12,40,000/- as
compensation to the appellants.
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C.M.A.No.1551 of 2021
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 23 years, working in TVS Lucos
Company, Puducherry and also doing part time job, which is evident from the
evidence of P.W.1.-father of the deceased and in support of the avocation of
the deceased Exs.P12 to P16 were marked, but the Claims Tribunal without
considering the same, fixed monthly income at Rs.8,000/- which is very low
and further the accident took place in the year 2017 and the the Tribunal
ought to have fixed higher monthly income. He further submitted that the
Tribunal ought to have awarded compensation towards Love and Affection
and the compensation awarded towards other heads are also very low and the
same needs to be enhanced.
6.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal considering the evidence of
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C.M.A.No.1551 of 2021
P.W.3, Exs.P13, held that the deceased was working in TVS Lucas Company
and fixed a sum of Rs.8,000/- per month as notional income of the deceased
and the same is not meagre. The amounts awarded by the Tribunal towards
other heads are also not meagre and the appellants have not made out any
case for enhancement of compensation and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on record.
8.It is the case of the appellants that at the time of accident the
deceased was aged 23 years, working in TVS Lucos Company, Puducherry
and was earning a sum of Rs.30,000/- per month. To prove the same, the first
appellant was examined as P.W.1 and filed Exs.P12 to P16 to show the
avocation of the deceased. The Tribunal considering the evidence of P.W.3
and considering the decisions of the Hon'ble Supreme Court as well as this
Court in the case of Munna Lal Jain and another Vs. Vipin Kumar Sharma
and others reported in 2015 ACJ 1985, S.B.I. General Insurance Co. Ltd.,
Vs. Uma Devi and others reported in 2019 (1) TN MAC 412 (DB) and
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C.M.A.No.1551 of 2021
S.Chinnaraj and others Vs. Suresh Kumar and others reported in 2019 (1)
TNMAC 189 (DB) and also by considering the age, qualification and nature
of work of the deceased fixed a sum of Rs.8,000/- per month as notional
income of the deceased. The accident is of the year 2017. The cost of living
has increased enormously and salary of even unskilled workers has increased
substantially. Hence, a sum of Rs.11,000/- per month is fixed as notional
income of the deceased. The deceased was aged 23 years at the time of
accident. The Tribunal, following the judgments of the Hon'ble Apex Court
reported in 2017 (2) TNMAC 609 (SC), [National Insurance Company
Limited Vs. Pranay Sethi and others] rightly granted 40% enhancement
towards future prospects of the deceased and applied multiplier '18'. Since the
deceased is a Bachelor, the Tribunal has rightly deducted 50% towards
personal expenses of the deceased. Thus, by fixing the monthly income as
Rs.11,000/- the compensation awarded by the Tribunal towards loss of
dependency is modified to Rs.16,63,200/- {Rs.11,000/- + 4400 (40% of
11,000) [Rs.15,400/- X 12 X 18 - 1/2}.
9. Considering the fact that the claimants lost their only son and as per
the decision of the Hon'ble Supreme Court in the case of Magma General
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C.M.A.No.1551 of 2021
Insurance Co. Ltd. V. Nanu Ram & Ors reported in (2018) 18 SCC 130
compensation awarded towards Loss of Filial Consortium to parents and Loss
of love and affection to unmarried sisters at Rs.80,000/- and Rs.50,000/-
respectively. The amounts awarded by the Tribunal under other heads are
just and reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
1. Pecuniary loss 12,09,600/- 16,63,200/- Enhanced
2. Loss of Filalial 80,000/- Granted
Consortium
(parents)
3. Loss of love and 50,000/- Granted
affection
(Unmarried sisters)
4. Loss of Estate 15,000/- 15,000/- Confirmed
5. Funeral Expenes 15,000/- 15,000/- Confirmed
Total Rs.12,40,000/- Rs.18,53,200/- Enhanced by
Rs.6,13,200/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.12,40,000/- is hereby
enhanced to Rs.18,53,200/- together with interest at the rate of 8% per annum
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C.M.A.No.1551 of 2021
from the date of petition till the date of deposit. Out of the enhanced
compensation, the first appellant is entitled to a sum of Rs.3,00,000/-, the
second appellant is entitled to a sum of Rs.10,60,200/- and the appellants 3
and 4 are entitlted to a sum of Rs.2,46,500/- each . The respodents 1 and 2
are directed to deposit the award amount now determined by this Court, along
with interest and costs, less the amount already deposited, if any, within a
period of eight weeks from the date of receipt of a copy of this judgment to
the credit of M.C.O.P.No.375 of 2018 on the file of the Motor Accident
Claims Tribunal/(Principal District Judge,Cuddalore). On such deposit being
made, the Tribunal is directed to transfer the Award amount directly to the
Bank account of the Appellants/Claimants through RTGS, within a period of
two weeks. The appellant/claimant shall pay necessary Court fee, if any, on
the enhanced compensation. No costs.
05.08.2021
arr
Index : Yes / No
Internet : Yes / No
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C.M.A.No.1551 of 2021
To
1.The Motor Accident Claims Tribunal,
Cuddalore.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1551 of 2021
S.VAIDYANATHAN, J.
arr
C.M.A.No.1551 of 2021
05.08.2021
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