Madras High Court
M.Maharasi vs M.Abdul Muneer on 21 December, 2021
CMA(MD)No.1098 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.1098 of 2021
1.M.Maharasi
2.Minor M.Esakkimuthu
3.Minor M.Easakki Preethi Sri
4.L.Subramanian
5.S.Balanagammal ... Appellants/Petitioners
(Minor Appellants 2 & 3 are represented by their
guardian, the mother of the 1st Appellant herein)
Vs.
1.M.Abdul Muneer
2.United India Insurance Company Limited,
Thrissur Trade Centre,
Kuruppam Road, Thrissur,
Kerala – 680 001. ... Respondents/Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to enhance the compensation in the judgment
and decree, dated 24.10.2019 made in M.C.O.P.No.191 of 2017 on the
file of the Motor Accidents Claims Tribunal/Principal District Judge at
Tuticorin.
For Appellants :Mr.S.Sivathilakar
For R1 :No Appearance
For R2 :Mr.A.S.Mathialagan
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CMA(MD)No.1098 of 2021
JUDGMENT
The appellants filed this appeal to set aside the Judgment dated
24.10.2019 made in M.C.OP.No.191 of 2017 on the file of the Motor
Accidents Claims Tribunal/Principal District Judge at Tuticorin.
2.On 19.03.2017 at about 15.20 hours the deceased Mariappan was
riding his TVS Motor bike bearing Registration No.TN-76-J-9668 his
left side of the Jeyaraj Road at Thoothukudi from south to north and was
nearing Raj hotel at Thoothukudi, the driver of the 1st respondent's lorry
bearing Registration No.KL-08-BE-7647 drove the said lorry in the same
direction of the said main road in a rash and negligent manner and
dashed the deceased from his back, as a result of which, the deceased
sustained injuries all over the body and died on the way to hospital.
3.The first appellant is the wife of the deceased, second appellant
is the son and the third appellant is the daughter and fourth and fifth
appellants are the parents of the deceased. They filed MCOP.No.191 of
2017 before the Motor Accidents Claims Tribunal/Principal District
Judge, Thoothukudi, claiming compensation of a sum of Rs.50,00,000/-
for the death of the deceased.
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CMA(MD)No.1098 of 2021
4.Before the Tribunal, on the side of the claimants three witnesses
were examined as P.W.1 to P.W.3 and twenty documents were marked as
Exs.P.1 to P.20. On the side of the respondents herein, no one was
examined and no document was marked.
5.The Motor Accidents Claims Tribunal/Principal District Judge,
Thoothukudi after perusing the materials on record, awarded a sum of
Rs.6,77,500/- together with interest at the rate of 7.5% to the appellants
as compensation. Seeking enhancement of the award of compensation,
the appellants/claimants have filed this appeal.
6.Heard the learned counsel appearing for the appellants and the
learned counsel appearing for the second respondent.
7.On perusal of records, it shows that the tribunal has fixed
Rs.4,500/- towards monthly income of the deceased and no amount
awarded towards future prospectus. Admittedly, the deceased was
working as a collection boy in public toilet. The accident took place in
the year 2017. Since the age of the deceased was 36 years at that time of
accident, this Court is of the opinion that fixing the income of the
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CMA(MD)No.1098 of 2021
deceased at Rs.6,500/- per month would be justifiable and 40% added
towards future prospectus of the deceased. Therefore, the notional
income of the deceased arrived at Rs.9,100/- (Rs.6,500/- + Rs.2,600/-).
Since there are five dependants depending on the income of the
deceased, 1/4th of the income deducted by the Trial Court towards the
personal expenses of the deceased is confirmed. Hence, it would amount
to Rs.9,100/- x 1/4 deduction = Rs.6,825/-. Further, the multiplier '15'
adopted by the Trial Court is also hereby confirmed. Thus, the loss of
dependency would come to Rs.6,825/- x 12 x 15 = Rs.12,28,500/-.
Further, this Court awarded Rs.40,000/- each of the claimants towards
loss of consortium. All the other heads awarded by the Trial Court are
hereby confirmed.
8.Accordingly, the claimants are entitled for compensation as
follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Earning Rs.12,28,500/-
2. Loss of Consortium Rs. 2,10,000/-
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
Total Rs. 14,68,500/-
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CMA(MD)No.1098 of 2021
9. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.6,77,500/- to Rs.14,68,500/- with interest at the rate of 7.5% per
annum.
(iii) The appellants / claimants are directed to pay the court fee for
the enhanced compensation amount, if any.
(iv) The second respondent, United India Insurance Company
Limited is directed to deposit the enhanced compensation amount i.e.,
Rs.14,68,500/- less the amount already deposited, if any, together with
interest at the rate of 7.5% per annum from the date of claim petition till
the date of deposit to the credit of MCOP.No.191 of 2017 on the file of
the Motor Accident Claims Tribunal /Principal District Judge,
Thoothukudi within a period of six weeks from the date of receipt of a
copy of this order.
(v) On such deposit being made, the claimants 1, 4 and 5 are
permitted to withdraw the same as per the order passed by the Tribunal
after following due process of law. The apportionment granted by the
Tribunal shall be kept intact. The share of the minors second and third
appellants shall be deposited in any one of the nationalized Banks, in a
Fixed Deposit, initially for a period of three years, renewable thereafter,
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CMA(MD)No.1098 of 2021
till the minors attained majority. The first appellant/mother and guardian
of the minors second and third appellants are permitted to withdraw the
interest from the above said deposit, once in three months directly from
the Bank and utilize the same for the welfare of the child. No Costs.
Consequently connected miscellaneous petitions are closed.
21.12.2021
Index :Yes/No
Internet:Yes/No
vsd
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Motor Accidents Claims Tribunal/
Principal District Judge,
Tuticorin.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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CMA(MD)No.1098 of 2021
S.ANANTHI, J.
vsd
CMA(MD)No.1098 of 2021
21.12.2021
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