Madras High Court
R.Jayanthi vs V.Selvarasu on 5 February, 2021
Judgment dated 05.02.2021 in
C.M.A.No.256 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.02.2021
Coram:
THE HON'BLE MR.JUSTICE R.SUBBIAH
and
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.256 of 2021
1. R.Jayanthi, W/o G.Ravi
2. G.Ravi, S/o Govindaraj
3. R.Lakshmi, D/o G.Ravi
4. R.Vignesh, S/o G.Ravi .. Appellants
Vs.
1. V.Selvarasu, S/o Veerappan
2. United India Insurance Co. Ltd.,
Third Party Service Hub
Plot Nos.35, 36, 37, A.R.Plaza,
45 Feet Road, Balaji Nagar Extension, Saram,
Puducherry-605 011. .. Respondents
Civil Miscellaneous Appeal (CMA) filed under Section 173 of the
Motor Vehicles Act against the Award dated 28.07.2020 passed in
M.C.O.P.No.2060 of 2018 on the file of the Motor Accidents Claims
Tribunal, I Additional District and Sessions Judge, Cuddalore.
For appellants : Mrs.Ramya V.Rao
For respondents : Mr.D.Bhaskaran for R-2
R-1- set ex-parte before the Tribunal
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Judgment dated 05.02.2021 in
C.M.A.No.256 of 2021
JUDGMENT
(The Judgment of the Court was delivered by R.Subbiah, J)
Not being satisfied with the quantum of compensation awarded by
the Tribunal, in and by Award dated 28.07.2020 passed in
M.C.O.P.No.2060 of 2018 on the file of the Motor Accidents Claims
Tribunal, I Additional District and Sessions Court, Cuddalore, the present
appeal has been filed by the claimants seeking enhancement of the
compensation amount.
2. It is the case of the appellants/claimants before the Tribunal
that, they are the parents, sister and brother of the deceased R.Venkatesh.
On 27.12.2017 at about 19.45 hours, while the deceased was riding Passion
Pro Motor Cycle bearing Registration No.TN-91-A-6913 with one Pavithra
as pillion rider, from Kanthakumaran to Kattumannarkoil Road, when their
vehicle was proceeding near Nathamalai Burial Ground, a Tractor bearing
Registration No.TN-31-AT-2292 and its Trailer bearing Registration
No.TN-31-AT-5418, owned by the first respondent and insured with the
second respondent-Insurance Company, which was driven by its driver in a
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Judgment dated 05.02.2021 in
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rash and negligent manner from the opposite direction with a load of sand
and dashed against the motor cycle in which the deceased was riding. In the
impact, the deceased was thrown out and he sustained grievous injuries and
died on the spot. The deceased was a student who had completed B.E
(Mechanical Engineering) Graduation and was employed as an Engineer in
a Private Company. Therefore, the claimants have filed the claim petition
before the Tribunal claiming compensation of Rs.50 lakhs for the death of
the said R.Venkatesh.
3. The Insurance Company has filed a counter statement disputing
the insurance of the Tractor and Trailer with them, their liability to pay
compensation, age of the deceased, etc., and prayed for dismissal of the
Claim Petition.
4. In order to prove the claim, on the side of the
appellants/claimants, the mother of the deceased was examined as P.W.1,
besides examining P.W.2 Vadivelu and Exs.P-1 to P-11 were marked. On
the side of the Insurance Company, neither oral nor documentary evidence
were adduced.
5. On an analysis of the entire materials available on record, the
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Tribunal came to the conclusion that the accident had occurred due to the
rash and negligent driving of the driver of the offending vehicle, namely
Tractor/Trailer, insured with the second respondent-Insurance Company and
owned by the first respondent herein. After coming to such a conclusion, the
Tribunal had passed an Award for a total sum of Rs.12,24,000/- with
interest @ 7.5% per annum from the date of claim petition till the date of
payment. The break-up details of the Award passed by the Tribunal are as
follows:
Sl. Head under which the amount is awarded by Amount awarded
No. the Tribunal (in Rs.)
1 Loss of income 11,34,000
2 Loss of love and affection (15,000 x 4) 60,000
3 Transport expenses 15,000
4 Funeral expenses 15,000
Total 12,24,000
Challenging the same, the present appeal is filed by the
appellants/claimants.
6. The learned counsel for the appellants/claimants submitted that
the deceased was a B.E. Mechanical Engineering Graduate and he was
employed in a private concern and earning a sum of Rs.25,000/- per month.
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C.M.A.No.256 of 2021
But the Tribunal had taken only a sum of Rs.7,500/- as the monthly income
of the deceased, which is extremely on the lower side. Considering the
qualification acquired by the deceased, the Tribunal ought to have fixed at
least a sum of Rs.25,000/- as his monthly salary and awarded the amount of
compensation under the head "loss of income". Thus, the learned counsel
for the appellants/claimants submitted that, by fixing a sum of Rs.25,000/-
as the monthly income of the deceased, the Award of the Tribunal may be
enhanced under the head "loss of income".
7. The learned counsel appearing for the second
respondent/Insurance Company supported the Award of the Tribunal and
submitted that, though it is the case of the claimants that the deceased was
earning a sum of Rs.25,000/- per month as emoluments from a private
Company/concern, absolutely, no evidence is produced before this Court.
Similarly, no proof was produced before the Tribunal to show that he was a
B.E. graduate. Under such circumstances, the sum of Rs.7,500/- p.m. fixed
by the Tribunal cannot be found fault with. Therefore, there is no need to
enhance the amount of compensation awarded under the head "loss of
income".
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8. Keeping in mind the submissions made on either side, we have
carefully perused the entire materials available on record.
9. It is the claim of the claimants that the deceased had completed
B.E. graduation and was earning in a private concern. But, in order to
substantiate the earning of the deceased, no documentary evidence is
adduced, except producing the Grade Sheet of the Anna University, Chennai
in respect of his B.E. Graduation as a proof of the deceased completing his
graduation in the respective academic year(s).
10. Be that as it may. We are of the view that, since the deceased
was a B.E. Graduate and considering the date of accident and the cost of
living prevalent at that point of time, it is appropriate to fix Rs.15,000/- as
the monthly income of the deceased so as to arrive at a just and fair
compensation. Hence, the monthly income of the deceased at Rs.7,500/-
fixed by the Tribunal, is hereby modified to Rs.15,000/-. As fixed by the
Tribunal, 40% future prospects is hereby added towards his earnings.
Accordingly, his actual earnings is Rs.21,000/- p.m. (15,000 + 40% of
15,000). His annual income would have been Rs.2,52,000/- (Rs.21,000 x
12). Since the deceased being Bachelor, 50% of his earnings will have to be
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deducted towards his personal expenses. Accordingly, his net annual income
works out to Rs.1,26,000/-. Considering the age of the deceased being 21
years at the time of accident, the appropriate multiplier is "18". Accordingly,
the loss of income is arrived at Rs.22,68,000/- (1,26,000 x 18). Thus, the
amount awarded by the Tribunal under the head "loss of income" at
Rs.11,34,000/- is enhanced to Rs.22,68,000/-.
11. Further, we find that the Tribunal had awarded only a sum of
Rs.60,000/- towards the loss of love and affection for the four claimants
(15,000 x 4). As per the decision of the Supreme Court reported in 2017
(16) SCC 680 (National Insurance Company Ltd. Vs. Pranay Sethi), it is
appropriate to award Rs.40,000/- to each of the claimants towards love and
affection. Accordingly, the amount of Rs.60,000/- awarded by the Tribunal
towards love and affection is hereby enhanced to Rs.1,60,000/- (Rs.40,000 x
4 claimants).
12. Further, we are of the view that, no amount was awarded by
the Tribunal under the head "loss of estate", and we deem it fit and proper to
award Rs.15,000/- under the head "loss of estate".
13. Thus, the Award passed by the Tribunal, in comparison with
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the amounts now awarded by this Court, is tabulated hereunder:
Sl. Head under which Amount awarded by Amount Confirmed /
No. the amount is the Tribunal (in awarded by enhanced
awarded Rs.) this Court
1 Loss of income 11,34,000 22,68,000 enhanced
2 Loss of love and 60,000 1,60,000
affection (15,000 x 4) (40,000 x 4) enhanced
3 Transport expenses 15,000 15,000 confirmed
4 Funeral expenses 15,000 15,000 confirmed
5 Loss of Estate -- 15,000 now granted
Total 12,24,000 24,73,000 enhanced
14. In the result, this appeal filed by the claimants, is partly
allowed, enhancing the amount of compensation awarded by the Tribunal at
Rs.12,24,000/- to Rs.24,73,000/- (Rupees twenty four lakhs and seventy
three thousand only), which shall carry interest @ 7.5.% per annum from the
date of claim petition till the date of deposit. The second respondent-
Insurance Company is directed to deposit the said amount of Rs.24,73,000/-
with proportionate/accrued interest at 7.5% per annum, before the Tribunal,
within a period of four weeks from the date of receipt of a copy of this
judgment, after adjusting the amount(s) if any already deposited by them.
On such deposit made by the second respondent-Insurance Company, the
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Judgment dated 05.02.2021 in
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appellants/claimants are permitted to withdraw their respective shares, as
apportioned by the Tribunal. Since the award passed by the Tribunal had
been now enhanced in this appeal, the appellants/claimants are directed to
pay necessary Court fee. There shall be no order as to costs in the present
appeal.
(R.P.S.J) (S.S.K.J)
05.02.2021
Index: Yes/no
Speaking Order: Yes
cs
To
1. The Motor Accidents Claims Tribunal /
I Additional District and Sessions Judge, Cuddalore.
2. The Section Officer, V.R. Section, High Court, Madras.
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Judgment dated 05.02.2021 in
C.M.A.No.256 of 2021
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
cs
Judgment in
C.M.A.No.256 of 2021
05.02.2021
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