Madras High Court
Manila vs Ramesh on 7 December, 2021
C.M.A.No.1034 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1034 of 2017
and
C.M.P.No.5102 of 2017
[video conferencing]
1.Manila
2.Minor Kuppan
3.Minor Venkatesan
4.Minor Snekha
(Minor Appellants 2 to 4 are represented by their
guardian /mother, 1st Appellant Manila)
5.Ramesh
6.Rekha ... Appellants / Petitioners
Vs.
1.Ramesh
2.The Divisional Manger,
The New India Assurance Co. Ltd.,
Having Office at No.42, Big Street,
Thiruvannamalai.
3.Sabjohn
4.Bashibai ... Respondents / Respondents
1/10
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated 28.03.2013
made in M.A.T.C.O.P.No.225 of 2008, on the file of the Motor Accidents
Claims Tribunal, District Court, Thiruvannamalai.
For Appellants : Mrs.M.Malar
For Mrs.A.Subadra
For R1 : Not ready in notice
For R2 : Mr.M.Krishnamoorthy
For R3 & R4 : Mr.E.S.Jose Francis
*****
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award passed in
M.A.T.C.O.P.No.225 of 2008 dated 28.03.2013 on the file of the Motor
Accident Claims Tribunal, District Court, Thiruvannamalai.
2.The appellants are the claimants in M.A.T.C.O.P.No.225 of 2008, on
the file of the Motor Accidents Claims Tribunal, District Court,
Thiruvannamalai. They filed the above said claim petition, claiming a sum of
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
Rs.10,00,000/- as compensation for the death of one Rajendiran, who died in
the accident that took place on 06.07.2007.
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 Lorry belonging to 1st respondent and directed the respondents
1 & 2 to pay a sum of Rs.7,03,000/- as compensation to the appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present Civil Miscellaneous Appeal seeking
enhancement of compensation.
5.The learned counsel appearing for the appellants contended that at the
time of accident, the deceased aged 35 years, was selling needles and small
black beads and was earning a sum of Rs.8,000/- per month. But, the Tribunal,
without giving valid reason fixed a sum of Rs.4,500/- per month as notional
income of the deceased which is meagre. There are six dependants of the
deceased and the Tribunal has erroneously deducted 1/3rd towards personal
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
expenses of the deceased instead of deducting 1/4th. The total compensation
awarded by the Tribunal is meagre and prayed for enhancement of
compensation.
6.Per contra, learned counsel appearing for the 2nd respondent-Insurance
Company contended that the appellants failed to prove the avocation and
income of the deceased by producing valid document. In the absence of any
material evidence with regard to avocation and income, a sum of Rs.4,500/-
per month fixed by the Tribunal as notional income of the deceased is not
meagre. The Tribunal considering the entire materials on record, has awarded a
sum of Rs.7,03,000/- as compensation to the appellants, which itself is
excessive. Hence, the appellants are not entitled for any enhancement 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 respondents and perused the entire materials
placed on record.
8.It is the case of the appellants that at the time of accident, the deceased
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
was aged 35 years and selling needles and small black beads and was earning a
sum of Rs.8,000/- per month. The appellants have not proved the avocation
and income of the deceased by producing valid document. In the absence of
any valid document with regard to avocation and income, the Tribunal
considering the age and nature of work fixed a sum of Rs.4,500/- per month as
notional income of the deceased which is not meagre. The Tribunal has not
awarded any compensation towards future prospects. The multiplier '17'
applied by the Tribunal is correct as per the judgment of the Hon'ble Apex
Court reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma &
others Vs. Delhi Transport Corporation & another]. As per the judgment of
the Hon'ble Apex Court reported in 2017 (2) TNMAC 609 (SC), [National
Insurance Company Limited Vs. Pranay Sethi and others], the appellants are
entitled to future prospects at 40%. There are six dependants of the deceased
and the Tribunal erroneously deducted 1/3rd towards personal expenses of the
deceased instead of deducting 1/4th. Thus, by fixing Rs.4,500/- per month as
notional income of the deceased, granting 40% enhancement towards future
prospects and deducting 1/4th towards personal expenses, the compensation
awarded by the Tribunal towards loss of income is modified to Rs.9,07,200/-
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
{Rs.6,300/- [Rs.4,500/- + Rs.1,800/- (40% of Rs.4,500/-)] X 12 X 16 X 3/4 ].
9.The Tribunal has awarded a meagre sum of Rs.10,000/- as loss of
consortium to the 1st appellant, and the same is enhanced to Rs.20,000/-. The
Tribunal has awarded only a sum of Rs.70,000/- towards loss of love and
affection to appellants 2 to 5, who are the children of the deceased and the
respondents 3 & 4 who are the parents of the deceased is very meagre. They
are entitled to a sum of Rs.20,000/- each towards loss of love and affection.
Thus a sum of Rs.1,40,000/- comes under the head of loss of love and affection
to the appellants 2 to 5 and respondnts 3 & 4. The Tribunal has awarded a sum
of Rs.10,000/- towards funeral expenses including transport charges which is
meagre and hence this Court awards a sum of Rs.10,000/- under the head of
funeral expenses and also awards a sum of Rs.5,000/- under the head of
transport charges. The amounts awarded by the Tribunal towards damages to
cloth and articles is just and reasonable and hence, the same is hereby
confirmed.
Thus, the compensation awarded by the Tribunal is modified as follows:
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
S. Description Amount awarded Amount awarded Award
No by Tribunal by this Court confirmed or
(Rs) (Rs) enhanced or
granted
1. Loss of earning capacity Rs.6,12,000/- Rs.9,07,200/- Enhanced
2. Loss of consortium Rs.10,000/- Rs.20,000/- Confirmed
3. Loss of love and Rs.70,000/- Rs.1,40,000/- Enhanced
affection
4. Funeral Expenses and Rs.10,000/- Rs.15,000/- Enhanced
Transport Charges
5. Damage to cloth and Rs.1,000/- Rs.1,000/- Confirmed
articles
Total Rs.7,03,000/- Rs.10,83,200/- Enhanced to
Rs.3,80,200/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.7,03,200/- is hereby enhanced
to Rs.10,83,200/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The respondents 1 & 2 are 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.A.T.C.O.P.No.225 of 2008, on the file of the Motor Accidents Claims
Tribunal, Special District Court, Thiruvannamalai. On such deposit, the
appellants 1, 5, 6 and respondents 3 & 4 are permitted to withdraw their
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
respective share of the award amount now determined by this Court, as per
the ratio of apportionment fixed by the Tribunal, along with proportionate
interest and costs, less the amount if any, already withdrawn by making
necessary applications before the Tribunal. The share of the minor 2 to 4
appellants are directed to be deposited in any one of the Nationalized Banks,
till the minor 2 to 4 appellants attains majority. On such deposit, the 1st
appellant, being the mother of the minor 2 to 4 appellants is permitted to
withdraw the accrued interest once in three months for the welfare of the minor
2 to 4 appellants. No costs. Consequently, the connected miscellaneous
petition is closed.
07.12.2021
ssi
Index : Yes / No
Internet : Yes / No
Speaking Order : Yes / No
To:
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
1.The District Judge,
Motor Accidents Claims Tribunal,
Thiruvannamalai.
2.The Section Officer,
VR Section, High Court,
Madras.
S.KANNAMMAL, J.
ssi
https://www.mhc.tn.gov.in/judis
C.M.A.No.1034 of 2017
C.M.A.No.1034 of 2017
07.12.2021
https://www.mhc.tn.gov.in/judis
