Madras High Court

Ranjitham vs Nagaraj on 2 December, 2021

CMA No.1926 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

Civil Miscellaneous Appeal No.1926 of 2020

1. Ranjitham

2. Suresh

3. Maheswari

4. Devendiran

5. Kandhayee ... Appellants

Vs.

1. Nagaraj

2. Reliance General Insurance Co., Ltd.,
3rd Floor, 408 Perundurai Road,
Erode 638 011. ... Respondents

Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles Act,

1988, to allow the Civil Miscellaneous Appeal and enhance the award

amount in the judgment and decree dated 16.10.2018 made in MACTOP

1/10

https://www.mhc.tn.gov.in/judis
CMA No.1926 of 2020

No.528 of 2014, on the file of the Motor Vehicle Accident Claims Tribunal/

Chief Judicial Magistrate Court, Namakkal.

For Appellants : Mr.T.S.Arthanareeswaran

For Respondents : Mr.C.Bhuvanasundari for R2

JUDGMENT

The claimants who are the wife, children and parents of late

Thangavel, who died in a motor accident that occurred on 04.03.2014, are

the appellants.

2. It is the case of the claimants that the deceased was riding on

his TVS 50 Moped, bearing Registration No.TN-28 T-5941, on

Tiruchengode Salem Main Road from south to north on the western side of

the road. The rider of the Motor Cycle bearing Registration No.TN-34 U-

0439 (Bajaj Pulsar), drove the vehicle in a rash and negligent manner and

dashed against the TVS 50 Moped that was being driven by the deceased.

https://www.mhc.tn.gov.in/judis CMA No.1926 of 2020

As a result of the impact the deceased Thangavel was thrown out of the

vehicle and he suffered grievous injuries. He was taken to Tiruchengode

Government Hospital and thereafter he was taken to Krishna Hospital at

Tiruchengode, despite treatment the said Thangavel died. Contending that

the accident occurred due to the rash and negligent driving of the Motor

Cycle by the rider, the claimants sought for compensation of Rs.25,00,000/-.

3. The claim was resisted by the Insurance Company contending

that the deceased had contributed to the accident, as he was driving the

vehicle in a rash and negligent manner. It was also contended that the

deceased did not possess a driving license. The non-impleading of the

insurer of the TVS 50 Moped driven by the deceased was also made a

ground of defence. The compensation claimed was termed as excessive.

4. Before the Tribunal, the first claimant, wife of the deceased,

was examined as P.W.1 and M/s. Pandiyarajan and Ravi were examined as

P.Ws.2 and 3. Exhibits C1 to C8 were marked. One Mr.Dinesh, was

examined as R.W.1 and Exhibits R1 to R5 were marked.

https://www.mhc.tn.gov.in/judis CMA No.1926 of 2020

5. The Tribunal upon a consideration of the evidence on record

concluded that the rider of the Bajaj Pulsar Motor Bike bearing registration

No. TN-34 U-0439 was responsible for the accident. In coming to the said

conclusion, the Tribunal relied upon the First Information Report and the

registration of a case against the rider of the Motor cycle. On the said

finding, the Tribunal concluded that the Insurance Company is liable to pay

the compensation.

6. On the quantum, the Tribunal took the income of the deceased

at Rs.5,000/- per month added 10% towards future prospects, it deducted

1/4th for the personal expenses and arrived at a monthly loss of dependency

at Rs.4,125/-, applying the multiplier of 11, the Tribunal arrived at the total

loss of dependency at Rs.5,44,500/-. The Tribunal also awarded a sum of

Rs.1,25,000/- for loss of love and affection, Rs.10,000 for Funeral expenses,

Rs.5,000/- for transportation, Rs.25,000/- towards loss of consortium for the

first claimant and Rs.53,160/-, on the basis of medical bills, for medical

expenses. Thus, the Tribunal awarded a total sum of Rs.7,62,660/-.

https://www.mhc.tn.gov.in/judis CMA No.1926 of 2020

Terming the compensation awarded by the Tribunal has very meager, the

claimants have come with this Appeal.

7. I have heard Mr.T.S.Arthanareeswaran, learned counsel

appearing for the appellants and Mrs. C.Bhuvanasundari, learned counsel

appearing for the respondent/Insurance Company.

8. Mr.T.S.Arthanareeswaran, learned counsel appearing for the

appellants would vehemently contend that the Tribunal was not right in

fixing the monthly income at Rs.5,000/-. Considering the fact that the

deceased was a mason, he could have earned not less than Rs.750/- per day,

according to the learned counsel. Even taking that he had worked for 20

days in a month, he would earn Rs.15,000/- per month easily. The learned

counsel would also point out that the compensation awarded under the head

of love and affection is also less.

https://www.mhc.tn.gov.in/judis CMA No.1926 of 2020

9. Mrs. C.Bhuvanassundari, learned counsel appearing for the

respondent/Insurance Company would submit that considering the date of

the accident and the lack of evidence to show that the deceased was working

as a mason and the Tribunal has justified and taking Rs.5,000/- as the

monthly income. She would also point out that apart from granting a sum of

Rs.25,000/- towards loss of love and affection, the Tribunal has granted

another Rs.25,000/- towards loss of consortium to the first claimant/wife of

the deceased.

10. I have considered the rival submissions.

11. The case of the claimants is that the deceased was a mason,

even assuming that the deceased was not a skilled labourer, fixation of

Rs.5,000/- per month as income for an accident that took place in the year

2014 is really on the lower side. Considering the minimum wages as well as

the salaries that are paid to last grade servants, I am of the opinion that the

monthly income could be easily taken at Rs.6,000/- per month, adding 10%

towards future prospects as the deceased was about 55 years old, the

https://www.mhc.tn.gov.in/judis CMA No.1926 of 2020

monthly income of the deceased is fixed at Rs.6,600/-, deducting 1/4th for

his personal expenses, considering the number of dependants, the monthly

loss of income comes to Rs.4,950/-. The annual loss of income would be

Rs.59,400/-, applying multiplier 11, the total loss of dependency would be

Rs.6,53,400/-.

12. The compensation granted for loss of love and affection is on

the lower side and the same is enhanced to Rs.2,00,000/- at Rs.40,000/- for

each of the claimants. The awards made under the other heads are not

disturbed except the award made under the head of loss of consortium to the

first claimant. Since she has been awarded Rs.40,000/- under the head of

loss of love and affection and the award of Rs.25,000/- towards loss of

consortium would stand deleted.

13. In light of the above the award of the Tribunal is modified and

the award is reworked as follows:







https://www.mhc.tn.gov.in/judis
                                                                                    CMA No.1926 of 2020



                     S.No. Heads                                             Amount (Rs.)
                     1.           Compensation for loss of dependency                    6,53,400/-
                     2.           Loss of Love and Affection (Rs.40,000x5)               2,00,000/-
                     3.           Funeral Expenses                                          10,000/-
                     4            Transport Charges                                          5,000/-
                     5            Medical Expenses (based on Bills)                         53,160/-
                                  Total                                                  9,21,560/-

Total compensation thus comes to Rs.9,21,560/-, which is rounded off to

Rs.9,20,000/-

14. In view of the above, the appeal is partly allowed, the

compensation granted by the Tribunal is enhanced to Rs.9,20,000/-. The

Insurance Company is granted 6 weeks time to deposit the enhanced

compensation with appropriate interest as granted by the Tribunal to the

credit of MCOP No. 528 of 2014. There shall be no order as to costs.

02.12.2021 jv Index: No speaking order

https://www.mhc.tn.gov.in/judis CMA No.1926 of 2020

1. The Chief Judicial Magistrate, Motor Vehicle Accident Claims Tribunal, Namakkal.

2. The Section Officer, V.R.Section, High Court of Madras.

https://www.mhc.tn.gov.in/judis CMA No.1926 of 2020