Madras High Court
Ammasai vs P.Ganesa Raja on 20 December, 2021
C.M.A.No.1435 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1435 of 2014
1.Ammasai
2.P.Arumugam .. Appellants
Vs.
1.P.Ganesa Raja
2.The United India Insurance Company Limited,
having office at Amman Complex,
S.K.S. Complex,
Opp to SBI Main Branch, Sathyamangalam,
Erode District – 638 402. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
06.11.2013 made in M.C.O.P.No.146 of 2012 on the file of the Motor
Accident Claims Tribunal, Sub Court, Sathyamangalam.
For Appellants : Mr.V.P.Karthikeyan
For R1 : No appearance
For R2 : Mrs.I.Malar
1/8
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C.M.A.No.1435 of 2014
JUDGMENT
(The matter is heard through “Video Conferencing/Hybrid Mode”.)
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 06.11.2013 made in
M.C.O.P.No.146 of 2012 on the file of the Motor Accident Claims Tribunal,
Sub Court, Sathyamangalam.
2.The appellants are the claimants in M.C.O.P.No.146 of 2012 on the
file of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam.
They filed the above said claim petition, claiming a sum of Rs.10,00,000/- as
compensation for the death of their son viz., Senthil Kumar, who died in the
accident that took place on 22.03.2012.
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 the 1st respondent and directed the
respondents 1 & 2 to jointly and severally pay a sum of Rs.1,85,000/- as
compensation to the appellants.
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C.M.A.No.1435 of 2014
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that the
Tribunal erroneously awarded meagre sum of Rs.1,85,000/- as compensation
for the death of the minor 8 year old school going boy. The Tribunal ought to
have fixed the annual income of the deceased at Rs.20,000/- instead of
Rs.10,000/- and granted compensation towards loss of dependency. The
Tribunal ought to have awarded a sum of Rs.1,50,000/- towards loss of love
and affection instead of awarding a meagre sum of Rs.20,000/- towards loss
of love and affection. The Tribunal failed to award any compensation towards
loss of expectation of life and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the Tribunal following the
judgment of the Hon'ble Apex Court reported in 2009 (1) TNMAC 593 (SC)
[R.K.Malik and another Vs. Kiran Pal and other] fixed a sum of Rs.10,000/-
per annum and the same is proper. The total compensation awarded by the
Tribunal at Rs.1,85,000/- is not meagre. The appellants have not made out
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C.M.A.No.1435 of 2014
any case for enhancement of compensation and prayed for dismissal of the
appeal.
7.Though notice has been served on the 1st respondent and his name is
printed in the cause list, there is no representation for him, either in person or
through counsel.
8.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the 2nd respondent - Insurance Company and
perused the entire materials available on record.
9.From the materials available on record, it is seen that it is the
contention of the appellants that the deceased was a minor School student
aged 8 years, who died due to the injuries sustained by him in the accident
that occurred on 22.03.2012. The Tribunal fixed a meagre sum of Rs.10,000/-
per annum as notional income of the deceased, applied multiplier '15' and
awarded a sum of Rs.1,50,000/- as compensation towards loss of dependency.
The Hon'ble Apex Court in the judgment reported in 2013 (2) TNMAC 358
(SC), [Kishan Gopal & another Vs. Lala & others], considering the passage
of time from the date of incorporating II Schedule and rise in cost of living,
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C.M.A.No.1435 of 2014
fixed notional income of the minor at Rs.30,000/- per annum. In the present
case, the accident is of the year 2012. Following the judgment of the Hon'ble
Apex Court reported in 2013 (2) TNMAC 358 (SC), cited supra, the annual
income of the minor deceased is fixed at Rs.30,000/-. The deceased was aged
8 years at the time of accident and the multiplier '15' applied by the Tribunal
is correct as per II Schedule. Thus, by fixing annual income at Rs.30,000/-,
the compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.4,50,000/- [Rs.30,000/- X 15]. The appellants being the
parents of the deceased have lost their son at young age. Hence, a sum of
Rs.10,000/- each awarded by the Tribunal towards loss of love and affection
to the appellants is meagre and hence, the same is enhanced to Rs.40,000/-
each. The amounts awarded by the Tribunal towards loss of estate and funeral
expenses are meagre and hence, the same are enhanced to Rs.15,000/- each.
10.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimant has claimed lesser compensation, the
Courts have power to grant just compensation more than the amount claimed
by the claimants. Thus, the compensation awarded by the Tribunal is
modified as follows:
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C.M.A.No.1435 of 2014
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of dependency 1,50,000/- 4,50,000/- Enhanced
2. Loss of love and 20,000/- 80,000/- Enhanced
affection
3. Funeral expenses 5,000/- 15,000/- Enhanced
4. Loss of estate 10,000/- 15,000/- Enhanced
Total Rs.1,85,000/- Rs.5,60,000/- Enhanced by
Rs.3,75,000/-
11.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.1,85,000/- is hereby enhanced to
Rs.5,60,000/- 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 jointly and
severally 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.C.O.P.No.146 of 2012 on the file of the Motor Accident
Claims Tribunal, Sub Court, Sathyamangalam. On such deposit, the
appellants are permitted to withdraw their 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
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C.M.A.No.1435 of 2014
Tribunal.The appellants are directed to pay the necessary Court fee for the
enhanced amount of compensation. No costs.
20.12.2021
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Index : Yes / No
Internet : Yes / No
To
1.The learned Subordinate Judge,
Motor Accident Claims Tribunal,
Sathyamangalam.
2.The Section Officer,
VR Section,
High Court,
Madras.
V.M.VELUMANI, J.
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C.M.A.No.1435 of 2014
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C.M.A.No.1435 of 2014
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