Madras High Court
Indira vs Palanivel on 27 August, 2021
C.M.A.No.2495 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.2495 of 2021
1. Indira
2. Elumalai .. Appellants
Vs.
1. Palanivel
2. The Manager,
New India Assurance Company Limited,
Motor Third Party Claims Cell (HUB),
No.46, Moore Street,
Chennai – 600 012. ...Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
04.01.2017 made in M.C.O.P.No. 200 of 2015 on the file of the Motor
Accident Claims Tribunal-I,Tiruvallur (Special District Judge at Triuvallur).
For Appellants : Mr.U. Chithambaram
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
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C.M.A.No.2495 of 2021
compensation granted by the award dated 04.01.2017 made in M.C.O.P.No.
200 of 2015 on the file of the Motor Accident Claims Tribunal-I,Tiruvallur
(Special District Judge at Tiruvallur).
2.The Appellants is the claimant in M.C.O.P.No. 200 of 2015 on the
file of the Motor Accident Claims Tribunal-I,Tiruvallur (Special District
Judge at Tiruvallur). He filed the above said claim petition, claiming a sum
of Rs.10,00,000/- as compensation for the death of the deceased in the
accident that took place on 02.08.2021.
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 mini lorry belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.7,73,000/- as
compensation to the Appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the
Appellants has come out with the present appeal seeking enhancement of
compensation.
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C.M.A.No.2495 of 2021
5.The learned counsel appearing for the Appellants contended that the
Tribunal, though rightly fixed the negligence on the part of the driver of the
mini lorry failed to award just compensation to the Appellants. He further
submitted that the Claims Tribunal has fixed the monthly income of the
deceased at Rs. 6,000/- which is very low and further future prospects ought
to have awarded. He further submitted that the compensation awarded
towards other heads are also meagre and the same needs to be enhanced.
6.Per contra, the learned counsel appearing for the 2nd
Respondent/Insurance Company contended that the Tribunal on considering
both oral and documentary evidence has awarded compensation under various
heads which are on the higher side and the same need not be interfered with.
He further submitted that in the absence of any material evidence with regard
to avocation and income of the deceased, a sum of Rs.6,000/- per month was
rightly fixed as monthly income of the deceased by the Tribunal. He further
submitted that the Appellants has 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
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C.M.A.No.2495 of 2021
materials on record.
8. Insofar as the monthly income of the deceased is concerned, in this
case, P.W.1 deposed that the deceased was a painter and was earning a sum
of Rs. 10,000/- per month. Since there is no evidence with respect to the
monthly income on the deceased, the Tribunal has awarded a sum of
Rs.6,000/- per month, which this Court feels is very low. The accident is of
the year 2012. The cost of living has increased enormously and salary of even
unskilled workers has increased substantially. Hence, a sum of Rs.7,000/- per
month is fixed as notional income of the deceased. Considering the fact that
the Appellants/Claimants lost their only son who is 19 years, this Court feels
it appropriate to award 40% towards future prospects as per the Judgment of
Hon'ble Supreme Court in the case of National Insurance Company
Limited Vs. Pranay Sethi and others reported in 2017 (2) TNMAC 609
(SC), and accordingly 40% is awarded towards future prospects.
9. Therefore, by taking a sum of Rs.7,000/- per month as notional
income of the deceased and by adding 40% towards future prospects and by
adopting multiplier '18' as per the Judgment of the Supreme Court, in the
case of “Sarla Verma and others Vs. Delhi Transport Corporation and
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C.M.A.No.2495 of 2021
another”, reported in 2009 (2) TNMAC 1 (SC) and since the deceased is a
Bachelor, deducting 50% towards personal expenses, Loss of dependency is
enhanced to Rs.10,58,400/-([Rs.7,000+40%]x12x18-50%).
10. The Claims Tribunal, by taking note of the fact that the claimants
lost their only son, has awarded a sum of Rs.1,00,000/- (Rs.50,000/-each)
towards Loss and Affection, which this Court feels is high and there the same
stands reduced to Rs.40,000/-(Rs.20,000/-each). Similarly, the compensation
awarded towards Funeral is also high and the same is reduced to Rs.15,000/-
11. The amounts awarded by the Tribunal under other heads are just
and reasonable and hence, same are hereby confirmed. 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 Dependency 6,48,000 10,58,400 Enhanced
2. Love and affection 1,00,000 40,000.00 Reduced
3. Funeral expenses
25,000.0 15,000.00 Reduced
4. Loss of Estate Nil 15,000.00 Granted
Total Rs.7,73,000/- Rs.11,28,400/- Enhaced by
Rs.3,55,400/-
12. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.7,73,000/- is hereby
enhanced to Rs.11,28,400/- together with interest at the rate of 7.5% per
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C.M.A.No.2495 of 2021
annum from the date of petition till the date of deposit. The 2 nd respondent-
Insurance Company is directed to deposit the award amount now determined
by this Court along with interest and costs, less the amount already deposited,
if any, within a period of six weeks from the date of receipt of a copy of this
Judgment, to the credit of M.C.O.P.No.200 of 2015 on the file of the Motor
Accident Claims Tribunal-I,Tiruvallur (Special District Judge at Triuvallur).
On such deposit being made, the Tribunal is directed to transfer the Award
amount directly to the Bank account of the Appellants/Claimants through
RTGS, within a period of two weeks. It is made clear that the appellants are
entitled to only 4% interest per annum on the amount of Rs.3,55,400/-, the
amount now enhanced by this Court for the default period as per the order of
this Court dated 27.08.2021 made in C.M.P.No.6556 of 2021 in
C.M.A.No.SR.6556 of 2021. The appellants are directed to pay the necessary
Court fee, if any, on the enhanced compensation. No costs.
27.08.2021
arr/shk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.2495 of 2021
To
1. Motor Accident Claims Tribunal-I,
(Special District Judge at Triuvallur).
Tiruvallur.
2.The Section Officer,
VR Section, High Court,
Madras.
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C.M.A.No.2495 of 2021
S. VAIDYANATHAN,J
arr/shk
C.M.A.No.2495 of 2021
27.08.2021
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