Madras High Court
G.R.Nivetharani vs M/S.Indev Trans on 1 December, 2021
C.M.A.No.2731 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.2731 of 2009
1.G.R.Nivetharani
2.R.Megala @ Mahalakshmi
3.G.Aranibai .. Appellants
(appellants 1 and 2 declared as major and
their grandmother 3rd appellant discharged
from the guardianship vide order of this Court
dated 20.01.2020 made in C.M.P.No.20924
& 20930, 20927 & 20929 of 2019)
Vs.
1.M/s.Indev Trans, Samy Complex,
No.81/41, Thambu Chetty Street,
Chennai 600 001.
2.M/s.The New India Assurance
Company Limited,
C/o.Motor Third Party Claims Offices,
No.45, Moore Street, Chennai 600 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 08.09.2008 made
in M.C.O.P.No.269 of 2007 on the file of the Motor Accident Claims Tribunal,
Fast Track Court No.IV, Poonamallee.
1/10
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C.M.A.No.2731 of 2009
For Appellant : Mr.T.G.Balachandran
For Respondents : Mrs.R.Sreevidhya for R2
R1- Exparte
JUDGMENT
The Civil Miscellaneous Appeal is filed by the appellants/claimants
against the award dated 08.09.2008 made in M.C.O.P.No.269 of 2007 on the
file of the Motor Accident Claims Tribunal, Fast Track Court No.IV,
Poonamallee.
2.The appellants are claimants in M.C.O.P.No.269 of 2007 on the file
of the Motor Accident Claims Tribunal, Fast Track Court No.IV, Poonamallee.
They filed the said claim petition claiming a sum of Rs.30,00,000/- as
compensation for the death of one Ravindran, who died in the accident that
took place on 15.08.2009.
3.The Tribunal after considering the oral and documentary evidence,
held that the accident occurred only due to rash and negligent driving by the
driver of the lorry belonging to the 1st respondent, insured with the 2nd
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C.M.A.No.2731 of 2009
respondent and directed the respondents 1 and 2 to jointly and severally pay a
sum of Rs.15,50,000/- as compensation to the appellants.
4.Not satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal for enhancement of
compensation.
5.The learned counsel appearing for the appellants/claimants contended
that at the time of accident, the deceased was aged 39 years, working as a
skilled worker in Ashok Leyland Company and was earning a sum of
Rs.20,313/-. The Tribunal ought to have fixed a sum of Rs.12,000/- per month
as notional income of the deceased taking into consideration the future
prospects of the deceased. The Tribunal erred in deducting personal
allowances after deducting 1/3rd of the salary towards personal expenses. The
Tribunal has not granted any amount towards pain and sufferings and loss of
expectation of life. The amounts awarded by the Tribunal under the heads loss
of love and affection and funeral expenses are meagre and prayed for
enhancement of compensation.
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C.M.A.No.2731 of 2009
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the Tribunal after considering
all the materials available on record, awarded compensation, which is not
meagre. 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/Insurance Company and
perused all the materials available on record.
8.From the materials available on record, it is seen that it is the case of
the appellants that at the time of accident, the deceased was aged 39 years,
working in Ashok Leyland Company as a skilled worker and was earning a
sum of Rs.20,313/- per month. To substantiate the same, the appellants have
produced and marked the salary certificate as Exs.P6 and P9. From Exs.P6 &
P9, it is seen that the deceased was earning a gross salary of Rs.20,313.95/-
including allowances. The Tribunal considering Exs.P6 and P9/Salary
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C.M.A.No.2731 of 2009
Certificates deducted a sum of Rs.6,909/- and fixed monthly income of the
deceased at Rs.12,000/-. From the award of the Tribunal, it is seen that the
Tribunal deducted night shift allowance, 6th day allowance, conveyance
allowance, incentive bonus, washing allowance, motor vehicle allowance and
medical reimbursement amount, totally a sum of Rs.6,909/- holding that these
allowances are given to the deceased for his personal benefits. The deduction
of night shift allowance, 6th day allowance and incentive bonus are not correct.
These allowances are earned by the deceased for the benefit of the family and
the appellants are entitled to the said amounts. While calculating the
compensation for loss of dependency, the conveyance allowance, washing
allowance and motor vehicle allowance alone are personal allowances granted
to the deceased. In view of the same, the income of the deceased is fixed as
Rs.19,543/- [Rs.20,313 - Rs.770/-(Rs.420/- + Rs.300/- + Rs.50/-)]. After
deducting these allowances, a sum of Rs.19,543/-, rounded off to Rs.19,550/-
is fixed as monthly income of the deceased. As per Ex.P4/Post-mortem
certificate and Ex.P7/Driving license, the deceased was aged 39 years at the
time of accident. The Tribunal has not granted any amount towards future
prospects. As per the judgment of the Hon'ble Apex Court reported in 2017
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C.M.A.No.2731 of 2009
(2) TNMAC 609 (SC) [National Insurance Co. Ltd. v. Pranay Sethi and
others], the appellants are entitled to 50% enhancement towards future
prospects. Hence, the annual income of the deceased comes to Rs.3,51,900/-
{[Rs.19,550/- + Rs.9,775/- (50% of Rs.19,550/-)] x 12}. During the financial
year 2009-2010, upto Rs.1,60,000/- there is nil tax.
Income Tax Slab for financial year 2009-2010
Upto Rs.1,60,000/- ... Nil
From Rs.1,60,000/- to Rs.3,00,000/-, 10%
Taxable Income is
(Rs.3,51,900 – Rs.1,60,000/-) ... Rs.1,91,900/-
10% on Rs.1,91,900/- ... Rs. 19,190/-
Annual Income after
deducting income tax ... Rs.3,32,710/-
(Rs.3,51,900 – 19,190)
The deceased was aged 39 years at the time of accident. The Tribunal applied
multiplier '16', which is not correct. As per the judgment of the Hon'ble Apex
Court reported in 2009 (2) TNMAC 1 SC Supreme Court (Sarla Verma vs.
Delhi Transport Corporation), the correct multiplier applicable is '15'.
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C.M.A.No.2731 of 2009
There are three dependents of the deceased. After deducting 1/3rd towards
personal expenses of the deceased, the compensation awarded by the Tribunal
towards loss of dependency is modified to Rs.33,27,100/- [Rs.3,32,710/- X
15 X 2/3). The Tribunal has awarded Rs.4,000/- and Rs.10,000/- towards
funeral expenses and loss of love and affection to the appellants respectively,
which are meagre and hence, the same are hereby enhanced to Rs.15,000/-
towards funeral expenses and Rs.20,000/- each towards loss of love and
affection. The Tribunal has not awarded any compensation towards loss of
estate and hence, a sum of Rs.15,000/- is awarded towards loss of estate.
9.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimants have claimed lesser compensation, the
Courts have power to grant just compensation more than the amount claimed
by the claimants. Thus, the compensation awarded by the Tribunal is modified
as follows:
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C.M.A.No.2731 of 2009
S. Description Amount Amount awarded Award
No awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 15,36,000 33,27,100 Enhanced
dependency
2. Loss of love and 10,000 60,000 Enhanced
affection to the
appellants (each
Rs.20,000/-)
3. Funeral 4,000 15,000 Enhanced
expenses
4. Loss of estate - 15,000 Granted
Total 15,50,000 34,17,100 Enhanced by
Rs.18,67,100/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.15,50,000/- is hereby
enhanced to Rs.34,17,100/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The appellants are
directed to pay necessary Court fee, if any, on the enhanced compensation.
The respondents 1 and 2, owner and insurer of the lorry are jointly and
severally 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. On
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C.M.A.No.2731 of 2009
such deposit, the appellants are permitted to withdraw their respective share
of the award amount, as per the apportionment fixed by the Tribunal, along
with proportionate interest and costs, less the amount if any, already
withdrawn, by filing necessary petitions before the Tribunal. No costs.
01.12.2021
Index : Yes / No
Internet : Yes/ No
vkr
To
1.The IV Judge,
Fast Track Court No.IV,
Motor Accidents Claims Tribunal,
Poonamallee.
2.The Section Officer,
V.R. Section,
High Court, Madras.
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C.M.A.No.2731 of 2009
V.M.VELUMANI, J.,
vkr
C.M.A.No.2731 of 2009
01.12.2021
https://www.mhc.tn.gov.in/judis
