Madras High Court
Rajalakshmi vs Rajasekaran on 26 August, 2021
C.M.A.No.4 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.4 of 2021
1.Rajalakshmi
2.Minor Yogeswari
3.Minor Lathika
4.Sagunthala
(2nd and 3rd minor appellants are rep. by
their next natural guardian and
Mother Rajalakshmi, 1st Appellant herein) ... Appellants
Vs.
1.Rajasekaran
2.M/s National Insurance Company Ltd.,
2nd Floor, Thuvaraganath Complex,
Trichy Main Road, Venkatesapuram,
Perambalur.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the amount made in Judgment and Decree dated
12.12.2019 made in MCOP No.102 of 2017 on the file of the Motor Accident
Claims Tribunal, Principal District Judge, Perambalur.
1/8
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C.M.A.No.4 of 2021
For Appellant : Mr.T.Gobinath
For Respondents : Mr.S.Vadivel (for R2)
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This Civil Miscellaneous Appeal has been filed against the Judgment and
Decree dated 12.12.2019, passed by the Motor Accidents Claims Tribunal,
Principal District Judge, (Fast Track Court), Perambalur in M.C.O.P.No.102 of
2019.
2. By the impugned Judgment and Decree, the Tribunal has awarded a sum
of Rs.66,22,000/- 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 Sekar and to the 2nd and 3rd appellants their children,
and to the 4th appellant, the mother of the deceased.
3.This is the case of the fatal accident. The case of the claimants is that on
14.12.2016 at 05.00 a.m the deceased Sekar and others were travelling as
passengers in a TATA 407 maxi cab bearing Reg.No.TN-76-X-3043 belonging to
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C.M.A.No.4 of 2021
the first respondent and insured with the second respondent. The said vehicle
was driven by its driver in a rash and negligent manner from east to west direction
with uncontrollable speed and caused on the “U” turn centre median of the road
and then capsized. As a result, many of the passengers were sustained multiple
grievous injuries and the said Sekar sustained fatal injuries and he was died on
the way to the Government Hospital, Manapparai. The wife, daughters and
mother of the deceased filed the claim petition before the Tribunal. Though they
claimed Rs.2,00,00,000/- as compensation, the Tribunal has awarded
Rs.66,22,000/- together with interest at 7.5% per annum, under the following
heads:-
Heads Rs.
Loss of dependency 65,52,000/-
40000+12000(future Prospects 30%)
=52000x12x14x3/4
Consortium (wife only) 40,000/-
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
Total 66,22,000/-
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C.M.A.No.4 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 42 years and hale and healthy. He was the
sole breadwinner of his family. He would further contend that the deceased was
working as Senior Attendant in Airport Authority of India and earned Rs.62,976/-
per month, whereas, the Tribunal without considering the income of the deceased,
fixes a sum of Rs.40,000/- per month as monthly income. 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.
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.
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C.M.A.No.4 of 2021
7.According to the appellants/claimants, the deceased was earning a sum of
Rs.62,976.85 + O.T Rs.20,000/- totally Rs.82,976.85 per month by working as a
Senior Attendant in Airports Authority of India, which is a permanent job. In
support of the same, Ex.P.6 and Ex.3, Salary Slips and Ex.P.7, Copy of the
Identity Card were filed. Despite the same, the Tribunal has fixed the monthly
income of the deceased as Rs.40,000/-. Admittedly, the deceased was a
permanent employee. Therefore, this Court by considering the salary slip, fixes
the monthly income as Rs.57,736/-. The future prospects and multiplier fixed by
the Tribunal are unaltered. 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.
Hence, the compensation awarded by the Tribunal to the appellants is re-
quantified as follows:-
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C.M.A.No.4 of 2021
Heads Rs.
Loss of dependency 57736+17320(30% 94,57,056/-
Future Prospects)=75056x12x11x3/4
Loss of consortium 1,60,000/-
Funeral expenses 15,000/-
Loss of Estate 15,000/-
Total 96,47,056/-
Rounded Off 96,47,000/-
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 7.5% 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.40,00,000/-; the second and third appellants are entitled to withdraw
a sum of Rs.20,00,000/- each; the fourth appellant is entitled to withdraw a sum
of Rs.16,47,000/- together with proportionate interest and costs. The major
claimants are permitted to withdraw their share after filing a memo, along with a
copy of this order, less the amount if already withdrawn. Further, the Tribunal is
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C.M.A.No.4 of 2021
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.]
26.08.2021
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accidents Claims Tribunal,
Principal District Judge, Perambalur.
2.V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.4 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.4 of 2021
26.08.2021
http://www.judis.nic.in
