Madras High Court
Sumathi vs E.Velu on 16 December, 2021
CMA.No.2716 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA No.2716 of 2021
1.Sumathi
2.Kalaiselvi ... Appellants
Vs
1.E.Velu
2.Reliance General Ins. Co. Ltd.,
No.6, 4th Floor, Haddows Road,
Chennai-600 006. ... Respondents
Prayer: This Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to enhance the amount awarded in M.C.O.P.No.3078 of
2017 dated 19.11.2020 on the file of Motor Accident Claims Tribunal,
(Small Causes Court, Special Sub Court NO.1), Chennai as prayed for with
interest and cost.
For Appellants : Mr.K.Varadha Kamaraj
For Respondents : Mrs.C.Bhuvana Sundari (for R2)
No Appearance (for R1)
JUDGMENT
The claimants who sought for compensation for the death of one
Velu, who died in a motor accident that occurred on 02.04.2017 are the
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CMA.No.2716 of 2021
appellants. The claimants sought for a compensation of Rs.40,00,000/-
under various heads. They had contended that the deceased was working as
a Welder in an Auto Garage, earning Rs.20,000/- per month. The claimants,
who are the wife and daughter of the deceased Velu contended that they had
lost the financial support and as such they have to be compensated. The
Insurance Company resisted the claim contending that the accident did not
occur in the manner suggested by the claimants. It was also stated that the
driver of the lorry did not possess the valid licence. The amount of
compensation claimed was termed as excessive.
2.Though an attempt was made before the Tribunal to prove the
income of the deceased, the Tribunal disbelieved the evidence pointing out to
the various contradictions in the evidence that was produced in support of
the income of the deceased. However, the Tribunal adopted a notional
income of Rs.10,000/- added 10% towards future prospects following the
judgment of the Hon'ble Supreme Court in the case of National Insurance
Company Limited Vs. Pranay Sethi and others reported in 2017 MACD
137. The Tribunal made a deduction of 1/3 following the judgment of the
Hon'ble Supreme Court in Sarla Verma & Others Vs. Delhi Transport
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CMA.No.2716 of 2021
Corporation and Another reported in 2009 4 MLJ SC 997. Thus, the
Tribunal arrived at the compensation for loss of dependency at Rs.9,68,000/-
. The Tribunal also awarded the following amounts towards conventional
damages:
Loss of Consortium : Rs.40,000/-
Loss of Love and Affection : Rs.25,000/-
Loss of Estate : Rs.15,000/-
Transport charges : Rs.5,000/-
Funeral Expenses : Rs.15,000/-
Thus, the total award worked out Rs.10,68,000/-.
3.Mr.Varadhakamaraj, learned counsel appearing for the appellant
would contend that the fixation of Rs.10,000/- as notional income per month
for an accident that occurred in the year 2017 is very low. Even in the
absence of any evidence, according to the learned counsel, the Tribunal
should have fixed atleast Rs.15,000/- per month. He would point out that the
Non-Muster Roll Employees of the PWD were paid around Rs.600/- per
day. Even if that fixation is made and it is taken that if the deceased has
worked for 25 days in a month, he would have earned about Rs.15,000/- per
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CMA.No.2716 of 2021
month. Therefore, according to the leaned counsel, the Tribunal must have
adopted Rs.15,000/- as the monthly income.
4.Contending contra, Mrs.C.Bhuvanasundari, learned counsel
appearing for the Insurance Company would submit that the claimants in
fact attempted to produce false evidence before the Tribunal regarding the
income of the deceased. She would also point out that the deceased was
aged 51 years at the time of accident and he would not have earned anything
more than Rs.10,000/- per month. I am unable to brush aside the
contentions of the learned counsel for the appellant. The deceased was aged
51 years and there is nothing to suggest that he was weak or he could not do
any work. Of course, the attempt made by the claimants to prove some
income has failed, at the same time, the fixation of Rs.10,000/- per month by
the Tribunal is also very low.
5.Considering the overall circumstances and the fact that NMR
employees engaged by the State's Public Works Department were paid more
than Rs.600/- per day during the relevant period. I am of the opinion that
Rs.13,000/- could be taken as a monthly income, giving an allowance for
holidays. If the monthly notional income is fixed at Rs.13,000/- and 10% is
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CMA.No.2716 of 2021
added towards future prospects, the monthly income would be Rs.14,300/-.
If 1/3 is deducted towards personal expenses of the deceased, the monthly
income would be Rs.9,533/-. The total loss of dependency would be
Rs.9533/- X 12 X 11 = Rs.12,58,356/-.
6.Adding the sum of Rs.1,00,000/- awarded towards conventional
damages, the total compensation comes to Rs.13,58,356/- and the same is
rounded of to Rs.13,50,000/-. The Tribunal has apportioned the
compensation at Rs.6,68,000/- to the mother and Rs.4,00,000/- to the
daughter.
7.In view of the enhancement, the mother would get Rs.8,00,000/-
and the daughter would get the remaining Rs.5,50,000/- with proportionate
interest. This Civil Miscellaneous Appeal is partly allowed. No costs. Costs
awarded by the Tribunal shall be given to the mother. Consequently, the
connected miscellaneous petition is closed.
16.12.2021
vs
Index: No
Speaking order
https://www.mhc.tn.gov.in/judis
CMA.No.2716 of 2021
R.SUBRAMANIAN, J.
vs
To
1.The Motor Accident Claims Tribunal,
(Small Causes Court, Special Sub Court NO.1),
Chennai.
2.The Section Officer,
VR Section,
Madras High Court, Chennai.
CMA No.2716 of 2021
16.12.2021
https://www.mhc.tn.gov.in/judis
