Madras High Court
Selvi vs Radhamani on 9 February, 2021
C.M.A.No.146 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.146 of 2021
1.Selvi
2.Nagarathinam (dumb)
3.Suganraj .. Appellants
Vs.
1.Radhamani
2.The Divisional Manager,
National Insurance Company Limited,
Situated office at
No.19, Officers Line,
Vellore.
3.Ashokan
4.The Manager,
Oriental Insurance Company Limited,
No.75, Krishnan Nagar,
Thiruvannamalai District. .. Respondents
(RR 1 & 3 remained exparte before Tribunal.
Hence, notice to RR1 & 3 dispensed with)
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
22.11.2019 made in M.C.O.P.No.200 of 2017 on the file of the Motor
Accident Claims Tribunal, Special Sub Court, Thiruvannamalai.
1/8
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C.M.A.No.146 of 2021
For Appellants : Mr.A.G.F.Terry Chella Raja
for Ms.M.Malar
For R2 : Mr.J.Chandran
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 22.11.2019 made in
M.C.O.P.No.200 of 2017 on the file of the Motor Accident Claims Tribunal,
Special Sub Court, Thiruvannamalai.
2.The appellants are the claimants in M.C.O.P.No.200 of 2017 on the
file of the Motor Accident Claims Tribunal, Special Sub Court,
Thiruvannamalai. They filed the above said claim petition, claiming a sum of
Rs.50,00,000/- as compensation for the death of one Sudhakar, who died in
the accident that took place on 10.11.2016.
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 lorry belonging to the 1st respondent and directed the 2nd
respondent-National Insurance Company to pay a sum of Rs.11,18,072/- as
compensation to the appellants and dismissed the claim petition as against the
respondents 3 and 4.
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C.M.A.No.146 of 2021
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 aged 18 years, working as a Tailor in
Shastha Tex, No.356, Anna Colony, Pandiyan Nagar, Tiruppur and was
earning a sum of Rs.20,000/- per month. But the Tribunal fixed a meagre sum
of Rs.5,000/- per month as notional income of the deceased. The amount
awarded by the Tribunal towards funeral expenses and loss of estate are
meagre. The Tribunal failed to award any amount towards loss of expectation
of life, mental agony, transportation and damages to clothes and prayed for
enhancement of compensation.
6.Per contra, learned counsel appearing for the 2nd respondent-National
Insurance Company contended that the appellants have not produced any
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.5,000/- per month fixed by the Tribunal as notional income of the
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C.M.A.No.146 of 2021
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 total compensation awarded by the Tribunal at
Rs.11,18,072/- is not meagre and hence, the appellants are not entitled to any
amount for loss of expectation of life, mental agony, transportation and
damages to clothes. The appellants have not made out any case for
enhancement of compensation and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the 2nd respondent-National Insurance
Company, who appeared through Video-Conferencing and perused the entire
materials on record.
8.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 18 years,
working as a Tailor in Shastha Tex, No.356, Anna Colony, Pandiyan Nagar,
Tiruppur and was earning a sum of Rs.20,000/- 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.5,000/- per month as
notional income of the deceased. The accident occurred in the year 2016 and
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C.M.A.No.146 of 2021
the monthly income fixed by the Tribunal is meagre. Considering the year of
accident, age and avocation of the deceased, a sum of Rs.10,000/- per month
is fixed as notional income of the deceased. The deceased was a bachelor at
the time of accident and the Tribunal ought to have deducted 50% towards
personal expenses of the deceased instead of deducting 1/3rd. The deceased
was aged 18 years at the time of accident. The Tribunal granted 40%
enhancement towards future prospects, applied multiplier '18' and the same
are proper. Thus, the compensation awarded by the Tribunal towards loss of
dependency is modified to Rs.15,12,000/- {Rs.14,000/- [Rs.10,000/- +
Rs.4,000/- (40% of Rs.10,000/-)] X 12 X 18 X 1/2}. The amounts awarded by
the Tribunal under other heads are just and reasonable 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 10,08,072/- 15,12,000/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of love and 80,000/- 80,000/- Confirmed
affection
4. Loss of estate 15,000/- 15,000/- Confirmed
Total Rs.11,18,072/- Rs.16,22,000/- Enhanced by
Rs.5,03,928/-
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C.M.A.No.146 of 2021
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.11,18,072/- is hereby
enhanced to Rs.16,22,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent-
National 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.200 of 2017 on the
file of the Motor Accident Claims Tribunal, Special Sub Court,
Thiruvannamalai. On such deposit, the appellants 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. The appellants are directed to pay
the necessary Court fee as per the order of this Court dated 18.01.2021 made
in C.M.P.No.14270 of 2020 in C.M.A.No.SR.76897 of 2020. This appeal is
dismissed as against the respondents 3 and 4. No costs.
09.02.2021
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.146 of 2021
To
1.The Special Subordinate Judge,
Motor Accident Claims Tribunal,
Thiruvannamalai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.146 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.146 of 2021
09.02.2021
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