Madras High Court
Michael vs Madheswaran on 24 August, 2021
C.M.A.No.2322 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.2322 of 2021
1.Michael
2.Madhalaimary ... Appellants
Vs.
1.Madheswaran
2.The Proprietor,
KR & Co. Bus Transport,
Office at 3/5-455, K.R.Pudur,
Navapatty Post, Mettur Taluk,
Salem District.
3.The Divisional Manager
Divisional Office,
National Insurance Company Limited,
73, Perundurai Road,
Erode.
... Respondents
1/7
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C.M.A.No.2322 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 for enhancement of the compensation in award dated
10.12.2019 made in MCOP No.398 of 2017 on the file of the Motor Accident
Claims Tribunal, IV Additional District and Sessions Court, Bhavani at Erode.
For Appellant : Mr.M.Lokesh
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
The appellants challenge the award passed by the Motor Accident Claims
Tribunal, IV Additional District and Sessions Court, Bhavani at Erode in MCOP
No.398 of 2017.
2.The claimants have come up with this appeal seeking enhancement of
compensation. This is the case of the fatal accident. On 21.07.2017 at 06.45 p.m,
the deceased David Bernard was riding his motorcycle bearing Reg.No.TN-36-
AU-4641 on Pennagaram to Mecheri main road, in front of Aayamarathupatti bus
stop, Perumbalai in left side of the road. At that time, the first respondent, who
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C.M.A.No.2322 of 2021
drove the bus bearing Reg.No.TN-30-AH-1200 in a rash and negligent manner,
dashed against the deceased vehicle. The parents of the deceased filed the claim
petition before the Tribunal. Though they claimed Rs.20,00,000/- as
compensation, the Tribunal has awarded Rs.15,58,000/- together with interest at
7.5% per annum, under the following heads:-
Heads Rs.
Loss of income 14,28,000/-
Love and affection 90,000/-
For Transportation 25,000/-
For Funeral Expenses 15,000/-
Total 15,58,000/-
3.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 26 years and hale and healthy. He was the only sole
breadwinner of his family. He was B.Sc., B.Ed., degree graduate and he was
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C.M.A.No.2322 of 2021
working as a Teacher in a Private School and taking tuition and earning
Rs.20,000/- per month. But the Tribunal without considering the age of the
deceased and his educational qualification, fixed the monthly income at
Rs.10,000/-, which is meager. Hence, the appellants seek for enhancement of
compensation.
4.This Court carefully considered the submission of the learned counsel
appearing for the appellants/claimants and perused the materials available on
record.
5.It is not in dispute that the deceased died in an road accident that had
taken place on 21.07.2017. The finding of the Tribunal that the accident occurred
due to the negligence of the driver of the Transport Corporation has become final
and hence, it need not be adverted to in the appeal.
6.Though the learned counsel appearing for the appellants/claimants has
contended that the award is meager and sought enhancement, on perusal of the
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C.M.A.No.2322 of 2021
records, we find that the Tribunal, on proper appreciation of evidence of P.W.2
Headmistress and Ex.X.3 acquittance register, has fixed the monthly income and
adopting correct multiplier awarded a just and reasonable compensation. Further,
the customary quantum of compensation under remaining heads were fixed by the
Tribunal by following the Judgments of the Hon'ble Supreme Court in the case of
National Insurance Company Ltd., vs. Pranay Sethi and others reported in
2017(2) TNMAC 609 (SC) and Sarala Verma and others vs. Delhi Transport
Corporation and another reported in 2009 TN MAC 1. We find no reason to
interfere with the conclusion reached by the Tribunal. This appeal has no merit.
7.For the foregoing reasons, the Civil Miscellaneous Appeal fails and the
same is dismissed. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
24.08.2021
Intex : Yes/No
Internet : Yes/No
skn
To
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C.M.A.No.2322 of 2021
1.The Motor Accident Claims Tribunal,
IV Additional District and Sessions Court,
Bhavani at Erode.
2.V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.2322 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.2322 of 2021
24.08.2021
http://www.judis.nic.in
