Madras High Court
V.Balu vs V.Sekar on 10 August, 2021
C.M.A.No.1691 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.1691 of 2021
1. V.Balu
2. B.Mohanraj
3. Minor Gopika
rep. by her father and next friend V.Balu ... Appellants
vs.
1. V.Sekar
2. The National Insurance Company Limited,
No.661, First Floor, Trunk Road,
Poonamalee,
Chennai – 600 056. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 18.02.2020 made
in M.A.C.T.O.P.No.325 of 2018 on the file of the Motor Accidents Claims
Tribunal, III Additional District Judge, Thiruvallur at Poonamalle.
For Appellant : Mr.F.Terry Chella Raja
For 1st Respondent : No Appearance
For 2nd Respondent : Mrs.R.Sreevidhya
*****
Page No.1 of 7
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C.M.A.No.1691 of 2021
JUDGMENT
Aggrieved by the judgment and decree dated 18.02.2020 passed by
the Motor Accidents Claims Tribunal, III Additional District Judge,
Thiruvallur at Poonamalle in M.C.O.P.No.325 of 2018, legal heirs of the
deceased have come up with this Civil Miscellaneous Appeal, seeking
enhancement of compensation.
2. Appellants/Claimants are the husband and children of the
deceased Meena. According to the Claimants, on 31.08.2018, when the
deceased Meena was travelling in a Car bearing Registration No.TN 22 BT
3336, near Tharapakkam Maduravoyal Milestone 9 KM, the driver of the
Car in which the deceased Meena was travelling, drove the vehicle in a rash
and negligent manner and hit the center-median wall, due to which, she
sustained grievous injuries on her head and died on the way to Hospital.
Before the Tribunal, dependents of the deceased Meena filed a Claim
Petition, claiming a sum of Rs.18,00,000/- as compensation.
3. Before the Tribunal, on the side of the Claimants, P.Ws.1 and 2
were examined and Exs.P1 to P9 were marked. On the side of the
Respondents, no witness was examined and no documents were marked.
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C.M.A.No.1691 of 2021
4. The Tribunal, on a consideration of the entire oral and
documentary evidence, awarded a sum of Rs.13,89,888/- as compensation to
the Claimants, under the following heads:
Head Amount (Rs.)
Loss of dependency 11,19,888.00
Loss of love and affection 2,00,000.00
Loss of estate 15,000.00
Funeral expenses 15,000.00
Loss of consortium 40,000.00
Total 13,89,888.00
5. Learned counsel for the Appellants/Claimants submitted that,
at the time of accident, the deceased was doing Tailoring work and was
earning a sum of Rs.1,000/- per day. It is his contention that, the Tribunal
without considering the age, occupation and income of the deceased, has
awarded less compensation under the head, 'loss of dependency' and that, it
ought to have awarded more compensation under the heads, 'loss of love
and affection', 'loss of consortium', 'loss of estate' and 'funeral expenses'. He
also contended that, the Tribunal ought to have awarded compensation
under the heads, 'loss of expectation of life', 'transportation and mental
agony'.
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C.M.A.No.1691 of 2021
6. According to the Appellants/Claimants, the deceased Meena
was doing Tailoring at the time of accident and was earning a sum of
Rs.1,000/- per day. The Tribunal has fixed the monthly income of the
deceased only at Rs.6666/-, which is certainly on the lower side. Hence,
this Court feels it appropriate to fix a sum of Rs.12,000/- as the monthly
income of the deceased. After deducting one-third from the said amount
towards the personal expenses of the deceased, the compensation awarded
by the Tribunal under the head 'loss of dependency' is enhanced to a sum of
Rs.13,44,000/- (Rs.8,000/- x 14 x 12 = 13,44,000).
7. Coming to the head, 'loss of love and affection', this Court is of
the view that, a sum of Rs.2,00,000/- awarded under the said head is
certainly on the higher side. Hence, the same is reduced to a sum of
Rs.80,000/-, i.e. the children of the deceased are each entitled to a sum of
Rs.40,000/- as compensation towards 'loss of love and affection'.
8. As far as compensation awarded under the heads 'loss of
consortium', 'loss of estate' and 'funeral expenses', this Court finds no reason
to interfere with the same, as the same are just and reasonable.
9. In fine, compensation awarded by the Tribunal is modified as
tabulated below:
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C.M.A.No.1691 of 2021
Head Amount Amount
awarded by the modified by
Tribunal (Rs.) this Court (Rs.)
Loss of dependency 11,19,888.00 13,44,000.00
Loss of love and affection 2,00,000.00 80,000.00
Loss of estate 15,000.00 15,000.00
Funeral expenses 15,000.00 15,000.00
Loss of consortium 40,000.00 40,000.00
Total 13,89,888.00 14,94,000.00
10. In fine, compensation of a sum of Rs.13,89,888/- awarded by
the Tribunal is enhanced to a sum of Rs.14,94,000/- (Rupees
Fourteen Lakhs Ninety Four Thousand only). The 2nd
Respondent/Insurance Company is directed to deposit the modified Award
amount along with interest at 7.5% per annum from the date of filing the
Claim Petition till the date of deposit, less the amount already deposited, if
any, to the credit of M.C.O.P.No.325 of 2018 on the file of the Motor
Accidents Claims Tribunal (III Additional District Court), Tiruvallur at
Poonamallee, within a period of six weeks from the date of receipt of a copy
of this judgment.
11. The modified Award amount shall be disbursed to the
Appellants/Claimants as per the ratio apportioned by the Tribunal. On
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C.M.A.No.1691 of 2021
deposit of the modified Award amount, the Tribunal is directed to transfer
the share of compensation of the 1st and 2nd Appellants/1st and 2nd Claimants
directly to their respective Bank Accounts through RTGS, within a period
of two weeks. The share of compensation of the minor 3rd Appellant/3rd
Claimant shall be deposited in any one of the Nationalized Banks initially
for a period of one year, renewable thereafter periodically till she attains
majority and the interest accrued thereon is permitted to be withdrawn by
the 1st Appellant, father of the minor 3rd Appellant, once in three months.
The Civil Miscellaneous Appeal is ordered accordingly. No costs.
10.08.2021
Index : Yes / No
Speaking Order : Yes / No
(aeb)
To:
1. The Motor Accidents Claims Tribunal
III Additional District Judge,
Thiruvallur at Poonamalle.
2. The Section Officer,
V.R. Section, High Court of Madras,
Chennai 600 104.
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C.M.A.No.1691 of 2021
S.VAIDYANATHAN,J.
(aeb)
C.M.A. No.1691 of 2021
10.08.2021
https://www.mhc.tn.gov.in/judis
