Madras High Court
M. Kamala Arasu vs M. Naraynan on 27 August, 2021
C.M.A.No.2107 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
C.M.A.No.2107 Of 2021
1. M. Kamala Arasu
2. Mallika
3. S. Arumugam .. Appellants
Vs.
1. M. Naraynan
2. The Divisional Manager,
National Insurance Company Ltd.,
DO.110 J.N. Street,
Puducherry 605 001. ...Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
21.12.2020 made in M.C.O.P.No. 1374 of 2019 on the file of the Motor
Accident Claims Tribunal/ (Principal District Judge), Cuddalore.
For Appellants : Ms. Ramya V. Rao
For Respondents : Mr. D. Bhaskaran for R2
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
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C.M.A.No.2107 of 2021
compensation granted by the award dated 21.12.2020 made in M.C.O.P.No.
1374 of 2019 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. 1374 of 2019 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 the deceased in the accident
that took place on 11.07.2019.
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 bus belonging to the 1st respondent and directed the
Respondents 1 & 2 to pay a sum of Rs.15,24,000/- as compensation to the
Appellants.
4. Not being satisfied with the amount awarded by the Tribunal, the
Appellants have come out with the present appeal seeking enhancement of
compensation.
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C.M.A.No.2107 of 2021
5.The learned counsel appearing for the Appellants contended that
though the Claims Tribunal has rightly fixed the negligence on the part of the
driver of the bus, erred in quantifying the amount to the Claimants. He further
submitted that the compensation awarded towards other heads by the Tribunal
are also meagre and the same needs to be enhanced.
6.Per contra, Mr.D.Bhaskaran, learned counsel appearing for the 2nd
Respondent/Insurance Company contended that in the absence of any
material evidence with regard to avocation and income, a sum of Rs.8,000/-
per month fixed by the Tribunal as notional income of the deceased is
excessive. He further submitted that the total compensation awarded by the
Tribunal under various heads is highly excessive 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 and perused the entire
materials on record.
8. Insofar as the monthly income of the deceased is concerned, P.W.1
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C.M.A.No.2107 of 2021
deposed that the deceased was a fisherman, at the time of accident and was
earning a sum of Rs.25,000/- per month and no proof has been marked to that
effect. Therefore, the Claims Tribunal has fixed the notional income of the
deceased at Rs.8,000/- per month. Considering the age of the deceased and
the prevailing cost of living as on date, this Court feels that monthly income
of the deceased can be enhanced. Accordingly, the monthly income is
enhanced to Rs.12,000/- per month. As per the Judgment of the Hon'ble
Supreme Court, in the case of “National Insurance Company Ltd., Vs.
Pranay Sethi and other”, reported in, 2017 (2) TN MAC 609 (SC), by adding
40% towards future prospects, by adopting multiplier 16 and deducting 1/3rd
towards personal expenses, the compensation awarded towards Pecuniary
loss is enhanced to Rs.21,50,400/-(Rs.12,000 + 40% -1/3 x 12 x 16).
9. Taking note of the fact that the First Respondent lost her husband in
the said accident, the Tribunal has rightly fixed the compensation towards
Loss of Consortium at Rs.40,000/- which is reasonable and the same does not
warrant interference. Further, this Court feels that the compensation awarded
towards Love is Affection is very low and therefore the same is enhanced to
Rs.80,000/-(Rs.40,000/- each) to the Appellants 2 and 3.
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C.M.A.No.2107 of 2021
10. The Claims Tribunal has rightly awarded the compensation towards
funeral expenses and Loss of estate at Rs.15,000/- towards each head and the
same need not be interfered with.
11. Thus, the compensation awarded by the Tribunal is modified as
follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of pecuniary
benefits 14,33,600/- 21,50,400/- Enhanced
2. Loss of Consortium 40,000/- 40,000/- Confirmed
3. Loss of love and
affection 20,000/- 80,000/- Enhanced
4. Funeral expenses 15,000/- 15,000/- Confirmed
5. Loss of Estate 15,000/- 15,000/- Confirmed
TOTAL Rs.15,23,600/- Rs.23,00,400/- Enhanced by
ROUNDED OFF Rs.15,24,000/- Rs.23,00,000/- Rs.7,76,000/-
12. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs. 15,24,000/- is hereby
enhanced to Rs.23,00,000/- together with interest at the rate of 7.5% per
annum 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.15,00,000/- and
the Second Appellant is entitled to a sum of Rs.5,00,000/- and the Third
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C.M.A.No.2107 of 2021
Appellant is entitled to a sum of Rs.3,00,000/-. The Respondents 1 and 2 are
directed to deposit the entire 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.1374 of 2019 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 as
apportioned above, directly to the Bank account of the Appellants/Claimants
through RTGS, within a period of two weeks. The Appellants/Claimants
shall pay necessary Court fee, if any, on the enhanced compensation. No
costs.
27.08.2021
arr/shk
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2107 of 2021
To
1. Motor Accident Claims Tribunal
(Principal District Judge)
Cuddalore.
2.The Section Officer,
VR Section, High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2107 of 2021
S. VAIDYANATHAN,J
arr/shk
C.M.A.No.2107 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis/
