Madras High Court
Pasupathynathan vs Mr.Pon.Venkatesan on 9 December, 2021
C.M.A.No.2377 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.2377 of 2018
[Through Video Conferencing]
1.Pasupathynathan
2.P.Anbuchezian (Minor)
(Minor 2nd appellant is represented by his father /
natural guardian Pasupathynathan, 1st appellant herein)
... Appellants
Vs.
1.Mr.Pon.Venkatesan
2.The Manager,
National Insurance Company Ltd.,
No.638, Nattar Colony,
Attur Taluk, Salem District. ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
16.03.2017 made in M.C.O.P.No.4286 of 2009 on the file of the Motor
Accident Claims Tribunal, (Chief Small Causes Court), Chennai.
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.2377 of 2018
For Appellants : Mr.S.Udayakumar
For R1 : Mr.C.Veeraraghavan
For R2 : Mr.D.Baskaran
*****
JUDGMENT
This Civil Miscellaneous Appeal has been filed questioning the
quantum of compensation awarded by the Motor Accident Claims Tribunal,
(Chief Small Causes Court), Chennai in the award dated 16.03.2017 made in
M.C.O.P.No.4286 of 2009.
2.The claimants have come up with this appeal seeking enhancement of
compensation. This is the case of fatal accident. On 01.07.2015 at about
09.00 a.m, the deceased Jothimani and her father-in-law were proceeding in a
TVS XL on Salem-Cuddalore Main Road. When they were nearing
Rettakurichi, a Lorry bearing Reg.No.TN-27-U-4460 driven by its driver in a
rash and negligent manner, hit the motorcycle. In the impact, both Jothimani
and her father-in-law sustained fatal injuries. The appellants are the husband
and son of the deceased Jothimani. The first respondent is the owner and the
second respondent is the insurer of the offending vehicle. Alleging that the
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C.M.A.No.2377 of 2018
accident had occurred due to the rash and negligent driving of the driver of
the offending lorry, the claimants laid a claim petition claiming compensation
of Rs.75,00,000/-.
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. It was also contended
that the claim is excessive and exorbitant.
4.To substantiate the case, on the side of the appellants/claimants,
P.W.1 and P.W.2 were examined and Ex.P1 to Ex.P13 were marked. On the
side of the second respondent-Insurance Company, no witness was examined
and no document was marked.
5.The Tribunal, after considering the oral and documentary evidence,
held that the driver of the first respondent's lorry was responsible for the
accident and awarded compensation as follows:-
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C.M.A.No.2377 of 2018
S. Description Amount awarded by Tribunal (Rs)
No
1. Salary Rs.8,900/- p.m.
2. 50% future prospects Rs.13,350/- [Rs.8,900 + Rs.4450]
rd
3. 1/3 deducted personal expenses Rs.8,900/- [Rs.13,350 – Rs.4450]
4. Multiplier of '16' is applied Rs.17,08,800/-[Rs.8,900 X 12 X 16]
st
5. Loss of consortium to the 1 Rs.50,000/-
appellant
6. Loss of love and affection to the Rs.10,000/-
1st appellant
Loss of love and affection to the Rs.25,000/-
2nd appellant
7. Transport charges Rs.5,000/-
8. Funeral Expenses Rs.25,000/-
Total compensation awarded Rs.18,23,800/-
Aggrived over the said award, the appellants/claimants filed the present
appeal seeking enhancement of compensation.
6.The learned counsel appearing for the appellants would contend that
since the amount awarded by the Tribunal is meager in all the heads, the
claimants are entitled for higher compensation. He would further contend that
at the time of accident, the deceased was aged about 34 years and hale and
healthy and she was employed as Senior Grade Assistant at Panchayat Union
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C.M.A.No.2377 of 2018
Middle School and earned Rs.12,000/- per month. But the Tribunal without
considering the age of the deceased and her educational qualification, fixed
the monthly income at Rs.8,900/-, which is meager. Hence, the appellants
seek for enhancement of compensation.
7.Per contra, Mr.D.Baskaran, learned counsel appearing for the 2nd
respondent-Insurance Company contended that the deceased was a tort feasor
and hence, 2nd respondent is not liable to pay any compensation to the
appellants. The accident had occurred only due to negligence of the deceased.
The award of the Tribunal directing the 2nd respondent to pay a sum of
Rs.18,23,800/- is not on merits. The appellants are not entitled to any
compensation as claimed and the learned counsel prayed for dismissal of the
appeal.
8.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.
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C.M.A.No.2377 of 2018
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, this Court finds that the Tribunal, on proper appreciation of
evidence of Ex.P5, Pay Certificate of the deceased, has fixed the monthly
income and adopting correct multiplier, awarded a just and reasonable
compensation. Further, the quantum of compensation under remaining heads
were fixed by the Tribunal by following the Judgments of the Hon'ble
Supreme Court in the case of Sarala Verma and others vs. Delhi Transport
Corporation and another reported in 2009 (2) TNMAC 1. I find no reason
to interfere with the conclusion reached by the Tribunal. This appeal has no
merit.
10.For the foregoing reasons, the Civil Miscellaneous Appeal fails and
the same is dismissed. No costs.
09.12.2021
ssi
Index : Yes / No
Internet : Yes / No
Speaking Order : Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A.No.2377 of 2018
To
1.The Chief Small Causes Judge,
Motor Accident Claims Tribunal,
Chennai.
2.The Section Officer,
VR Section,
High Court of Madras.
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C.M.A.No.2377 of 2018
S.KANNAMMAL, J.
ssi
C.M.A.No.2377 of 2018
09.12.2021
https://www.mhc.tn.gov.in/judis
