Madras High Court
P.Thangavelu vs A.Balaji on 2 February, 2021
C.M.A.No.3587 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3587 of 2019
1.P.Thangavelu
2.T.Prema
3.T.Chandrasekaran
4.T.Manjula
5.Minor. T.Usha .. Appellants
(Minor 5th appellant represented by her
father, P.Thangavelu, 1st appellant herein)
Vs.
1.A.Balaji
2.The New India Assurance Company Limited,
Represented by its Divisional Manager,
CSI Complex, Office Line,
Vellore Town. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
28.04.2018 made in M.C.O.P.No.27 of 2013 on the file of the Motor
Accident Claims Tribunal, I Additional District and Sessions Court, Vellore.
For Appellants : Mr.R.Nalliyappan
For R1 : No appearance
For R2 : Ms.S.R.Sumathy
1/8
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C.M.A.No.3587 of 2019
JUDGMENT
The matter is heard through “Video Conferencing”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 28.04.2018 made in
M.C.O.P.No.27 of 2013 on the file of the Motor Accident Claims Tribunal, I
Additional District and Sessions Court, Vellore.
3.The appellants are the claimants in M.C.O.P.No.27 of 2013 on the
file of the Motor Accident Claims Tribunal, I Additional District and
Sessions Court, Vellore. They filed the above said claim petition, claiming a
sum of Rs.25,00,000/- as compensation for the death of one T.Tamil Selvi,
who died in the accident that took place on 12.02.2012.
4.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 car belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.13,80,500/- as
compensation to the appellants 1 and 2. The Tribunal dismissed the claim
petition as against the appellants 3 to 5.
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C.M.A.No.3587 of 2019
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 21 years, was working as Garment
Stitcher in K.H.Arind Leather Garment Private Limited, Perumugai and was
earning a sum of Rs.9,000/- per month. But the Tribunal fixed a meagre sum
of Rs.6,500/- per month as notional income of the deceased. The Tribunal
ought to have fixed monthly income of the deceased at Rs.12,000/- and
granted compensation towards loss of dependency. There are 5 dependants of
the deceased and the Tribunal ought to have deducted 1/4th towards personal
expenses of the deceased instead of deducting 1/3rd. The amounts awarded by
the Tribunal towards funeral expenses and loss of love and affection are
meagre. The Tribunal failed to award any amount towards loss of estate,
transportation and mental agony and prayed for enhancement of
compensation.
7.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the appellants have not produced any
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C.M.A.No.3587 of 2019
material evidence to prove the avocation and income of the deceased. In the
absence of any material evidence with regard to avocation and income, a sum
of Rs.6,500/- per month fixed by the Tribunal as notional income of the
deceased is not meagre. The deceased was a bachelor at the time of accident
and the Tribunal ought to have deducted 50% towards personal expenses
instead of deducting 1/3rd. The appellants 3 and 4 are brother and sister of the
deceased and they are not the dependants of the deceased. Hence, they are not
entitled to any compensation. The total compensation awarded by the
Tribunal at Rs.13,80,500/- is not meagre and the appellants have not made
out any case for enhancement of compensation and prayed for dismissal of
the appeal.
8.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.
9.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 on record.
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C.M.A.No.3587 of 2019
10.From the materials available on record it is seen that it is the case of
the appellants that at the time of accident, the deceased was aged 21 years,
working as Garment Stitcher in K.H.Arind Leather Garment Private Limited,
Perumugai and was earning a sum of Rs.9,000/- per month. But they failed to
prove the said contention. In the absence of any material evidence with regard
to avocation and income, the Tribunal fixed a sum of Rs.6,500/- per month as
notional income of the deceased. The accident occurred in the year 2012 and
the monthly income fixed by the Tribunal is meagre. Considering the year of
accident, age and avocation of the deceased, a sum of Rs.9,000/- per month is
fixed as notional income of the deceased as claimed by the appellants. The
deceased was a bachelor at the time of accident and the Tribunal ought to
have deducted 50% towards personal expenses of the deceased instaed of
deducting 1/3rd. The deceased was aged 21 years at the time of accident. The
Tribunal granted 40% enhancement towards future prospects and applied
multiplier '18' and the same are proper. Thus, the compensation awarded by
the Tribunal towards loss of dependency is modified to Rs.13,60,800/-
{Rs.12,600/- [Rs.9,000/- + Rs.3,600/- (40% of Rs.9,000/-)] X 12 X 18 X
1/2}. The Tribunal has not awarded any amount towards loss of estate. The
appellants are entitled to a sum of Rs.15,000/- towards loss of estate. The
amounts awarded by the Tribunal under other heads are just and reasonable
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C.M.A.No.3587 of 2019
and hence, the same are hereby confirmed. Thus, the compensation awarded
by the Tribunal is modified as follows:
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
1. Loss of dependency 13,10,472/- 13,60,800/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of love and 50,000/- 50,000/- Confirmed
affection
4. Transportation 5,000/- 5,000/- Confirmed
5. Loss of estate - 15,000/- Granted
Total Rs.13,10,472/- Rs.14,45,800/- Enhanced by
rounded off to Rs.1,35,300/-
Rs.13,10,500/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.13,10,500/- is hereby
enhanced to Rs.14,45,800/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent-
Insurance Company is 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.27 of 2013 on the file of
the Motor Accident Claims Tribunal, II Additional District and Sessions
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C.M.A.No.3587 of 2019
Court, Vellore. On such deposit, the appellants 1 and 2 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 Tribunal. It is made clear that the
appellants are not entitled to any interest for the default period as per the
order of this Court dated 17.09.2019 made in C.M.P.No.15840 of 2019 in
C.M.A.No.SR.92061 of 2019. This appeal is dismissed as against the
appellants 3 to 5. No costs.
02.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The I Additional District and Sessions Judge,
Motor Accident Claims Tribunal,
Vellore.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.3587 of 2019
V.M.VELUMANI, J.
krk
C.M.A.No.3587 of 2019
02.02.2021
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