Madras High Court
Muniyammal vs N.Sivakumar on 8 February, 2021
C.M.A.No.4255 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.4255 of 2019
1.Muniyammal
2.Amul
3.Regina
4.Saravanan
5.Rajesh .. Appellants
Vs.
1.N.Sivakumar
2.The National Insurance Company Limited
Third Party Cell
No.45, Moore street
Parrys, Chennai-1. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 11.02.2019
made in M.C.O.P.No.757 of 2016 on the file of Motor Accident Claims
Tribunal, III Additional District Court, Tiruvallur at Poonamallee.
For Appellants : Mr.K.Varadha Kamaraj
For R2 : Mr.J.Michael Visuvasam
1/8
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C.M.A.No.4255 of 2019
JUDGMENT
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 11.02.2019 made in
M.C.O.P.No.757 of 2016 on the file of Motor Accident Claims Tribunal, III
Additional District Court, Tiruvallur at Poonamallee.
2.The appellants are claimants in M.C.O.P.No.757 of 2016 on the file
of Motor Accident Claims Tribunal, III Additional District Court, Tiruvallur
at Poonamallee. They filed the said claim petition claiming a sum of
Rs.20,00,000/- as compensation for the death of one D.Prakash, who died in
the accident that took place on 20.10.2016.
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 Toyota land cruiser car belonging to the 1st respondent and
directed the 2nd respondent/Insurance Company being insurer of the said car
to pay a sum of Rs.13,48,000/- as compensation to the appellants 1, 3 to 5 and
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C.M.A.No.4255 of 2019
has not granted any compensation to the 2nd appellant as her name was not
mentioned in Ex.P4/legal heir certificate.
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 at
the time of accident, the deceased was working as a sweeper in Tambaram
Municipality and was earning a sum of Rs.15,000/- per month. The Tribunal
without considering the same, erred in fixing a meagre sum of Rs.9,000/- per
month as notional income of the deceased. The deceased was aged 50 years at
the time of accident. The Tribunal failed to grant any enhancement towards
future prospects. The amounts awarded by the Tribunal under different heads
are meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellants failed to
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C.M.A.No.4255 of 2019
produce any document to prove the avocation and income of the deceased. In
the absence of any material to prove the avocation and income of the
deceased, the Tribunal fixed a sum of Rs.9,000/- per month as notional
income of the deceased, which is not meagre. The total compensation
awarded by the Tribunal under different heads are not meagre. The appellants
have not made out any case for enhancement of compensation and prayed for
dismissal of the appeal.
7.Heard through “Video-Conferencing” the learned counsel appearing
for the appellants as well as the 2nd respondent/Insurance Company and
perused the entire materials available on record.
8.It is the contention of the appellants that the deceased was working as
a sweeper in Tambaram Municipality and was earning a sum of Rs.15,000/-
per month at the time of accident. The appellants failed to substantiate the
said contention. In the absence of any material evidence with regard to
avocation and income of the deceased, the Tribunal fixed a sum of Rs.9,000/-
per month as notional income of the deceased, which is meagre. The accident
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C.M.A.No.4255 of 2019
is of the year 2016 and hence, a sum of Rs.14,000/- per month is fixed as
notional income of the deceased. The deceased was aged 50 years at the time
of accident as per Ex.P2/Post-mortem certificate and Ex.P3/Death certificate.
The Tribunal has not granted any enhancement towards future prospects. As
per the judgment of the Hon'ble Apex Court reported in 2017(2)TNMAC 609
(SC) (National Insurance Company v. Pranay Sethi), the appellants are
entitled to 25% enhancement towards future prospects. The Tribunal applied
multiplier '13' and deducted 1/4th towards personal expenses of the deceased,
which are proper. Thus, the compensation awarded by the Tribunal towards
loss of dependency is modified to Rs.20,47,500/- (Rs.14,000/- + 3500
[Rs.14,000/- X 25%] X 12 X 13 X 3/4). The Tribunal awarded a sum of
Rs.2,25,000/- towards loss of love and affection, which is excessive and
hence, the same is hereby reduced to Rs.40,000/-. The amounts awarded by
the Tribunal under all other heads are just and reasonable and hence, the same
are hereby confirmed.
9.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimants have claimed lesser compensation, the
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C.M.A.No.4255 of 2019
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:
S.No Description Amount Amount awarded Award
awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 10,53,000 20,47,500 Enhanced
dependency
2. Loss of love 2,25,000 40,000 Reduced
and affection
3. Loss of 40,000 40,000 Confirmed
consortium
4. Loss of estate 15,000 15,000 Confirmed
5. Funeral 15,000 15,000 Confirmed
expenses
Total 13,48,000 21,57,500 Enhanced by
Rs.8,09,500/-
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.13,48,000/- is hereby enhanced
to Rs.21,57,500/- together with interest at the rate of 7.5% per annum from
the date of petition till the date of deposit. The appellants are directed to pay
the necessary court fee on the enhanced award amount. The 2nd
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C.M.A.No.4255 of 2019
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. On such deposit, the appellants 1, 3 to 5 are
permitted to withdraw their respective share of the award amount now
determined by this Court as per the apportionment fixed by the Tribunal
along with proportionate interest and costs, less the amount if any, already
withdrawn. No costs.
08.02.2021
Index : Yes / No
Internet : Yes/ No
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To
1.III Additional District Judge
Motor Accident Claims Tribunal
Tiruvallur at Poonamallee.
2.The Section Officer
V.R.Section, High Court, Chennai.
V.M.VELUMANI, J.,
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C.M.A.No.4255 of 2019
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C.M.A.No.4255 of 2019
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