Madras High Court
Manjula vs A.K.Kalaiselvi on 1 December, 2021
C.M.A. No.2031 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A.No.2031 of 2021
(Heard through VC)
1.Manjula
2.Minor Sanjay
3.Minor Sandhiya
4.Minor Anushka
5.Chandra ... Appellants
(Petitioners 2 to 4 are minors,
represented by their mother
Manjula as natural guardian and
next friend)
All are residing at No.29/34, 2nd Street,
Ernavore Village,
Nethaji Nagar Beach Road, Ennore,
Chennai - 600 057.
Vs.
1.A.K.Kalaiselvi
2.United India Insurance Company Limited,
No.134, Greams Road,
IV Floor, Anna Salai,
Chennai - 600 006. ... Respondents
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C.M.A. No.2031 of 2021
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988 against the Judgment and Decree dated 24.11.2020 made in
M.A.C.T.O.P.No.1336 of 2019, on the file of the Motor Accidents Claims
Tribunal, Chief Judge, Court of Small Causes, Chennai.
For Appellant : Ms.A.Subadra
For Respondents : R1 - Notice dispensed with
Mr.M.J.Vijayaraghavan for R2
JUDGMENT
Judgment of the Court was delivered by V.SIVAGNANAM. J.
Being dis-satisfied with the award of compensation in
M.A.C.T.O.P.No.1336 of 2019, passed by the Motor Accident Claims Tribunal,
Chief Judge, Court of Small Causes, Chennai, the claimants have preferred this
appeal seeking enhancement of compensation.
2. The case of the claimants is that on 07.06.2018 at about 06.00 a.m.,
the deceased was walking along with his wife, on the Ennore Express Road, at
the extreme left side of the road, in a careful manner. At that time, a two-
wheeler bearing registration No.TN-03-P-4550, owned by the first respondent
and insured with the second respondent-United India Insurance Company
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Limited, came in a rash and negligent manner and dashed behind the
deceased. In the accident, he sustained multiple grievous injuries and
immediately, he was taken to Sugam Hospital and thereafter he was shifted to
Stanley Government Hospital. Despite treatment, he succumbed to the
injuries. The claimants further stated that the deceased was 37 years on the
date of accident and he was working as coolie and thereby he earned
Rs.25,000/- per month and hence, they are entitled for compensation of
Rs.80,00,000/-.
3. Resisting the claim, the second respondent-Insurance Company filed
their counter disputing the manner of accident, age, avocation and income of
the deceased and its liability to pay the compensation.
4. In the course of trial, the first claimant was examined as P.W.1 and
Exs.P.1 to P.7 were marked. On the side of the Insurance Company neither
witness was examined nor document was marked. The first respondent was
set exparte. In the conclusion of trial, the Tribunal found that the rider of
the two wheeler was responsible for the accident and awarded compensation
of Rs.23,98,000/- with interest at the rate of 7.5% per annum. Challenging
the award, the present Civil Miscellaneous Appeal has been filed, seeking
enhancement of compensation.
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5. Ms.A.Subadra, learned counsel for the appellants, contended that the
income fixed by the Tribunal at the rate of Rs.12,000/- per month is meagre
and the Tribunal ought to have fixed a sum of Rs.25,000/- per month as
income. It is further contended that amount awarded by the Tribunal under
the head of love of affection is on the lower side and hence, prays for
enhancement of compensation.
6. Per contra, Mr.M.J.Vijayaraghavan, learned counsel for the second
respondent contended that the Tribunal has rightly awarded the compensation
and no material is placed before this Court for enhancing the compensation in
this appeal.
7. Heard the rival submissions made on either side and perused the
materials on record.
8. According to the appellants/claimants, the deceased was earning a
sum of Rs.25,000/- per month by working as a Labour. However, no evidence
produced was by the appellants. Therefore, the Tribunal has fixed a notional
monthly income of the appellant as Rs.12,000/- in absence of direct evidence,
which is a reasonable one.
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9. Though the learned counsel appearing for the appellants/claimants
has contended that the award is meager and sought enhancement, on perusal
of the records, we find that the Tribunal, on proper appreciation of evidence,
has fixed the notional income and adopting correct multiplier awarded a just
and reasonable compensation under the heads of loss of dependency,
consortium to the first appellant and funeral expenses. Therefore, the amount
awarded by the Tribunal under the abovesaid heads are confirmed. However,
as contended by the learned counsel for the appellants that a sum of
Rs.75,000/- awarded under the head of love and affection is on the lower side.
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 be awarded under the head of love and
affection and therefore, a sum of Rs.75,000/- awarded by the Tribunal under
the head of love and affection, by awarding a sum of Rs.15,000/- to each of
the claimants is hereby set aside, instead a sum of Rs.1,60,000/- is awarded
to the claimants 2 to 5 under the head of "filial consortium" by awarding
Rs.40,000/- each. The Tribunal has not awarded any amount towards loss of
Estate and hence, this Court awards Rs.15,000/- under the head of Loss of
Estate;
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10. Thus, the total compensation payable to the claimants is
re-calculated and tabulated below:-
S. Heads under which Amount awarded Amount awarded
No. amounts are awarded by by the Tribunal in by this Court in
the Tribunal Rs. Rs.
1. Loss of future dependency 22,68,000/- 22,68,000/-
2. Loss of love and affection 75,000/- -
3. Consortium to the first 40,000/- 40,000/-
appellant
4. Filial Consortium - 1,60,000/-
(Appellants 2 to 5)
5. Loss of Estate - 15,000/-
6. Funeral expenses 15,000/- 15,000/-
Total 23,98,000/- 24,98,000/-
The total amount comes to Rs.24,98,000/-, which is rounded off to
Rs.25,00,000/-. The claimants are entitled to Rs.25,00,000/- along with
interest at the rate of 7.5% per annum from the date of claim petition till the
date of realization.
11. In view of the above modifications, the Civil Miscellaneous
Appeal is partly allowed. The second respondent-Insurance Company is
directed to deposit the above modified award amount with 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
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major claimants are permitted to withdraw their share of the modified award
amount along with proportionate interest and costs, as per the ratio of
apportionment fixed by the Tribunal, less the amount already withdrawn, if
any. The share of the minor claimants shall be deposited in any one of the
nationalized banks in a fixed deposit till they attain majority. The interest
accruing on the minors deposit is permitted to be withdrawn by the mother of
the minor claimants, viz., Manjula, the first appellant herein, once in three
months. There is no order as to costs. Consequently, connected miscellaneous
petition is closed.
[M.K.K.S, J] [V.S.G., J]
01.12.2021
Index : Yes / No
Speaking order: Yes/No
rns
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C.M.A. No.2031 of 2021
To
1.The Chief Judge, Court of Small Causes,
Motor Accidents Claims Tribunal,
Chennai.
2. The Section Officer,
V.R.Section, High Court, Madras.
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K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
rns
C.M.A. No.2031 of 2021
01.12.2021
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