Madras High Court
Rani vs Subash Shankarrao Manedeshmukh on 24 August, 2021
C.M.A.No.103 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.103 of 2021
1.Rani
2.Ramya
3.Minor Devipriya
(minor represented by her mother Rani
as natural guardian and next friend)
4.Lalitha ... Appellants
Vs.
1.Subash Shankarrao Manedeshmukh
A/p Bhondle, Tal – Malshiras,
Solapur District,
Maharashtra – 413 107.
(Since R1 remained exparte before the Tribunal
his presence may be dispensed with)
2.Future Generali India Insurance Co., Ltd.,
Plot No.55, (Old Plot No.27), 1st, 2nd & 3rd Floor,
Vijaya Raghava Road, T.Nagar,
Chennai – 600 017.
... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.103 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree dated 18.11.2019 made in
MACTOP No.6066/2018, on the file of the Motor Accidents Claims Tribunal,
Chief Judge Court of Small Causes, Chennai.
For Appellant : Mr.P.Terry Chella Raja
For Respondents : Mr.M.B.Raghavan (for R2)
R1 – Dispensed with
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This Civil Miscellaneous Appeal has been filed against the Judgment and
Decree dated 18.11.2019, passed by the Motor Accidents Claims Tribunal, Chief
Judge Court of Small Causes, Chennai in M.A.C.T.O.P.No.6066 of 2018.
2. By the impugned Judgment and Decree, the Tribunal has awarded a sum
of Rs.13,03,000/- as compensation together with interest at 7.5% per annum from
the date of filing of the claim petition till the date of deposit, to the first appellant
for the death of her husband Methaji and to the 2nd and 3rd appellants their
children, and to the 4th appellant, the mother of the deceased.
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C.M.A.No.103 of 2021
3.This is the case of the fatal accident. The case of the claimants is that on
30.01.2018 at 03.15 p.m, the deceased Methaji was riding his motorcycle bearing
Reg.No.TN-11-F-1677 from Block Development Office towards Minjur Bazaar,
T.H.Road near 400 feet outer ring road in a careful manner. At that time, the first
respondent lorry bearing Reg.No.MH-45-1690 driven by its driver in a rash and
negligent manner dashed behind the motorcycle and ran over against the
deceased. In the accident, the deceased sustained crush injuries over the head and
multiple injuries all over the body and died on the spot. The wife, daughters and
mother of the deceased filed the claim petition before the Tribunal. Though they
claimed Rs.75,00,000/- as compensation, the Tribunal has awarded
Rs.13,03,000/- together with interest at 7.5% per annum, under the following
heads:-
Heads Rs.
Loss of dependency 12000x12x11x3/4 11,88,000/-
Towards Funeral Expenses 15,000/-
Loss of Love and Affection 80,000/-
Loss of Consortium 20,000/-
Total 13,03,000/-
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C.M.A.No.103 of 2021
4.The learned counsel appearing for the appellants would contend that
since the amount awarded by the Tribunal is meager in all the heads, the
claimants are entitled for higher compensation. He would further contend that at
the time of accident, the deceased was 53 years and hale and healthy. He was the
only sole breadwinner of his family. He would further contend that the deceased
was working as Labour and earned Rs.30,000/- per month, whereas, the Tribunal
without considering the income of the deceased fixed a sum of Rs.12,000/- per
month as notional income and failed to consider the future prospects of the
deceased as per the guidelines of the Hon'ble Apex Court. Hence, the appellants
seek for enhancement of compensation.
5.Per contra, the learned counsel appearing for the 2nd respondent Insurance
Company submitted that the impugned Judgment and Decree awarding the
aforesaid compensation is well reasoned and it requires no interference and
therefore, this Civil Miscellaneous Appeal is liable to be dismissed.
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C.M.A.No.103 of 2021
6.This Court carefully considered the submissions of the learned counsel
for the appellants/claimants and the learned counsel appearing for the second
respondent/Insurance Company and perused the materials available on record.
7.According to the appellants/claimants, the deceased was earning a sum of
Rs.30,000/- per month by working as a Labour. However, no evidence produced
was by the appellants. Therefore, the Tribunal has fixed a notional monthly
income of the appellant as Rs.12,000/- in absence of direct evidence, which is a
reasonable one. Further, as contended by the learned counsel for the appellants,
the Tribunal has not awarded any amount under the head of future prospects.
Therefore, this Court awards 10% of his monthly income toward future prospects.
In addition, as per the decision of the Hon'ble Apex Court in the case of Magma
General Insurance Co. Ltd., vs. Nanu Ram and others reported in 2018(1) TN
MAC 452 (SC), the claimants are entitled to Rs.40,000/- each towards
consortium, which comes to Rs.1,60,000/-. Rs.15,000/- is awarded for loss of
estate. Rs.15,000/- is awarded for funeral expenses. Further, this Court awards
Rs.5,000/- towards transportation. Hence, the compensation awarded by the
Tribunal to the appellants is re-quantified as follows:-
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C.M.A.No.103 of 2021
Heads Rs.
Loss of dependency 13,06,800/-
12000+10%=13200x12x11x3/4
Loss of consortium 1,60,000/-
Funeral expenses 15,000/-
Loss of Estate 15,000/-
For Transportation 5,000/-
Total 15,01,800/-
Rounded Off 15,02,000/-
8.In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The second respondent/Insurance Company is directed to deposit the
modified award amount with accrued 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 order. On such deposit, the first appellant is entitled to withdraw a sum of
Rs.8,02,000/-; the second and third appellants are entitled to withdraw a sum of
Rs.2,50,000/- each; the fourth appellant is entitled to withdraw a sum of
Rs.2,00,000/- together with proportionate interest and costs. The major claimants
are permitted to withdraw their share after filing a memo, along with a copy of
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C.M.A.No.103 of 2021
this order, less the amount if already withdrawn. Further, the Tribunal is directed
to deposit the share of the minor claimant in any one of the nationalised banks, as
fixed deposit under the Cumulative Deposit Scheme, till the minor attains the age
of major and hand over the fixed deposit certificate to the mother of the minor
claimant. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
24.08.2021
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accidents Claims Tribunal,
Chief Judge Court of Small Causes, Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.103 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.103 of 2021
24.08.2021
https://www.mhc.tn.gov.in/judis/
