Madras High Court

S.Kala vs L.Saravanan on 9 February, 2021

C.M.A.No.39 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2021

CORAM

HONOURABLE MR. JUSTICE R.SUBBIAH

AND

HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP

C.M.A.No.39 of 2021

1.S.Kala
W/o. Late Sekar

2.S.Sampath
D/o. Late Sekar

3.S.Somu
S/o. Late Sekar

4.S.Ramu
S/o. Late Sekar ..Appellants/Petitioners
Vs.
1. L.Saravanan
S/o. Leelasegar

2.The Manager
Royal Sundaram Alliance Insurance Co., Ltd.,
No.1, Subramanyam Building, 2nd Floor,
Club House Road, Anna Salai,
Chennai – 2. ...Respondents/Respondents

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C.M.A.No.39 of 2021

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated
13.03.2019 in M.C.O.P.No.2757 of 2015 on the file of the Motor Accident
Claims Tribunal, Principal District Judge, Cuddalore.

For Appellants ::Ms. Ramya V.Rao

For Respondent ::Ex-parte for R1
Mr.M.Krishnamoorthy for R2

JUDGMENT

(Judgment of the Court was delivered by SATHI KUMAR SUKUMARA KURUP,J.)

This Civil Miscellaneous Appeal has been filed against the Judgment

and Decree dated 13.03.2019 made in M.C.O.P.No.2757 of 2015 on the file

of Motor Accident Claims Tribunal, Principal District Judge, Cuddalore.

2. The case in brief is as follows:

On 17.06.2015 at about 9.30 am, while the deceased was standing at

his extreme left hand side of the Chidambaram-Cuddalore road, the driver

of the first respondent's minivan bearing Reg. No.PY-01-BG-6205 drove the

same in a rash and negligent manner, dashed against the deceased, as a

result of which, he sustained grievous injuries and multiple fractures all

over the body. Immediately, he was admitted in the Government Hospital,

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Cuddalore and then transferred to the Krishna Hospital, Cuddalore and then

transferred to PIMS Hospital, Puducherry and then transferred to MIOT

Hospital, Chennai for advanced treatment. Thereafter, he died. The first

respondent remained ex-parte before the Tribunal.

3. The claimant is the appellant herein. The appeal had been filed by

the claimant stating that the learned Motor Accident Claims Tribunal had

ignored the claim of the claimants. Though the deceased Sekar was a

business man and an income tax assessee and the claimants had filed

documents Exs.P.8 and P.15 as proof of income and also as proof of the

deceased being an income tax assessee, the same was not considered by the

Tribunal and it had fixed notional income of Rs.10,000/- only. Therefore,

the award granted is on the lower side. Aggrieved by the same, the

claimants have filed this appeal seeking enhancement of the award amount.

4. Mr.M.Krishnamoorthy, learned counsel appearing for the Insurance

Company had submitted his arguments. As per his submissions, the

compensation awarded by the Motor Accident Claims Tribunal was

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reasonable based on the evidence available before the Tribunal. Therefore,

does not warrant any interference. Further, he submitted that during the

cross examination of P.W.1, the son of the deceased had admitted that all the

sons of the deceased are major, married and living separately. Therefore,

this is to be considered as they are not dependants on the income of their

father. The Tribunal had considered the claimants as four and deducted ¼

of the notional income fixed by the Tribunal towards personal expenses of

the deceased. Therefore, the compensation arrived at was on the higher

side. Based on the evidence of P.W.1, the Tribunal ought to have deducted

half of the salary towards personal expenses. Therefore, this appeal lacks

merits and it has to be dismissed.

5. Point for consideration

Whether the appellants/claimants are entitled to enhancement of the

award amount.

6. Perused the petition and counter in MCOP.No.2757of 2015 and the

impugned award passed by the Motor Accident Claims Tribunal, Principal

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District Judge, Cuddalore and the grounds of appeal filed by the claimants

seeking enhancement.

7. On perusal of the records of the Motor Accident Claims Tribunal, it

is found that the Tribunal had accepted the avocation of the deceased/Sekar

as a business man but had rejected the proof of income furnished by the

claimants before the Tribunal under Exs.P.8 to P.15. Therefore, this Court

fixes the income as Rs.15000/- as notional income. Towards personal

expenses, the number of dependents have to be taken note of. The claimants

are wife and three sons. Loss of dependency is arrived at as follows:

                                     Income fixed       ::    Rs.15,000/-

                                     Less: 1/4th towards

                                    Personal expenses ::      Rs.15,000/- x 1/4

                                                        ::    Rs.3750/-

                               Monthly Contribution to the

                               family                   ::    (Rs.15,000 – Rs.3750/-)

                                                        ::    Rs.11,250/-



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                                                                                         C.M.A.No.39 of 2021

8. On the date of death, the deceased was aged 59 years. Therefore,

towards future prospects only 7.5% of the income could be added as per the

ruling of the Hon'ble Supreme Court reported in National Insurance Co.

Ltd., Vs. Pranay Sethi and others reported in 2017 (2) TNMAC 609 (SC).

Future Prospects :: 15000 (Monthly income) x

7.5%(Future Prospects) = 1125

Monthly Contribution to the family :: 11250+1125=12375

Annual Contribution :: 12375x12 = 148500

Taking the multiplier as 9 for the age group 56 to 60 years

Pecuniary Loss :: Rs.148500 x9

:: Rs.13,36,500/-

9. Considering the age of the claimants 2 to 4, they are not entitled

to claim under the head loss of dependency and they are only entitled to

claim under the head “loss of Love and Affection”. Hence, this Court

awards a sum of Rs.1,20,000/- under the said head.

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10. Considering the proof of medical bills (Ex.P.7) for a sum of

Rs.8,17,838/- produced by P.W.1/son of the deceased during his evidence,

this Court enhanced it to a sum of Rs.8,17,838 towards medical expenses.

This Court awards a sum of Rs.10,000/- towards “Transportation”.

11. Since the amounts awarded by the Tribunal under all the other

heads are just and fair, the same are hereby confirmed. The break-up details

of the amounts awarded under various heads are as follows:

Sl. Head under which the Amounts Amounts No compensation is awarded awarded by the awarded by this Tribunal Court 1 Pecuniary Loss 8,91,000 13,36,500 2 Loss of Consortium 40,000 40,000 3 Loss of Love and - 1,20,000 Affection 4 For Loss of Estate 15,000 15,000 5 For Funeral Expenses 15,000 15,000 6 Medical Expenses 3,50,000 8,17,838 7 For Transportation - 10,000 Total 13,11,000 23,54,338

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12. The Point for consideration is answered in favour of the

appellants/claimants against the respondent/Insurance Company.

13. In the result, this Civil Miscellaneous Appeal is partly allowed.

The second respondent/Insurance Company is directed to deposit the

amount, which we have determined in this appeal, to the credit of

M.C.O.P.No.2757 of 2015, on the file of the Motor Accident Claims

Tribunal, Principal District Judge, Cuddalore, with interest at the rate of

7.5% per annum from the date of Claim Petition till the date of deposit

along with costs if any as awarded by the Tribunal, through RTGS or NEFT

method as held by this Court in (The Oriental Insurance Company Limited,

Kannur Vs. Rajesh and two others) 2016 (1) TN MAC 433, after adjusting

the amount, if any, already deposited, within a period of eight weeks from

the date of receipt of a copy of this judgment. On such deposit, the first

claimant shall be entitled to withdraw a sum of Rs.7,04,338/- with

accrued interest and the claimants 2 to 4 shall be entitled to withdraw a

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sum of Rs.5,50,000/- each with accrued interest. The appellants are directed

to pay appropriate Court fees within a period of two months, failing which,

they are not entitled to claim interest on the award amount. No costs.

                                                                    (R.P.S.J.)        (S.S.K.J.)
                     dh                                                      09.02.2021
                     Internet: Yes/No
                     Speaking order/Non Speaking order

                     To

1.The Motor Accident Claims Tribunal, Principal District Judge, Cuddalore.

2.The Section Officer, V.R.Section, High Court of Madras.

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R.SUBBIAH, J.

AND

SATHI KUMAR SUKUMARA KURUP, J.

C.M.A.No.39 of 2021

09.02.2021

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