Madras High Court
Nataraj @ Natarajan vs Madasamy on 9 February, 2021
C.M.A.No.140 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.140 of 2021
1.Nataraj @ Natarajan
2.Palaniammal
3.Nathiya .. Appellants
Vs.
1.Madasamy
(R1 remained exparte before Tribunal.
Hence, notice to R1 dispensed with)
2.Annai Indane Service,
No.390, Trichy Road,
Singanallur,
Coimbatore – 641 005.
3.United India Insurance Company Limited,
Coimbatore – 18. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
13.03.2020 made in M.C.O.P.No.25 of 2019 on the file of the Motor
Accident Claims Tribunal, Sub Court, Avinashi.
For Appellants : Mr.S.Kaithamalai Kumaran
For R3 : Ms.I.Malar
1/9
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C.M.A.No.140 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 13.03.2020 made in
M.C.O.P.No.25 of 2019 on the file of the Motor Accident Claims Tribunal,
Sub Court, Avinashi.
2.The appellants are the claimants in M.C.O.P.No.25 of 2019 on the
file of the Motor Accident Claims Tribunal, Sub Court, Avinashi. They filed
the above said claim petition, claiming a sum of Rs.10,00,000/- as
compensation for the death of one Velliangiri, who died in the accident that
took place on 21.08.2010.
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 Eicher Lorry belonging to 2nd respondent and directed the 3rd
respondent to pay a sum of Rs.9,67,200/- as compensation to the appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
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C.M.A.No.140 of 2021
compensation.
5.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 24 years, a Powerloom Owner and
was earning a sum of Rs.20,000/- per month. To prove the avocation and
income, the appellants produced Exs.P9 and P10, Identity Card and Delivery
Note respectively. But the Tribunal failed to consider Exs.P9 and P10 and
fixed a meagre sum of Rs.6,000/- per month as notional income of the
deceased and awarded compensation towards loss of dependency. There are
three dependants of the deceased and the Tribunal ought to have deducted
1/3rd towards personal expenses of the deceased instead of deducting 50%.
The amount awarded by the Tribunal towards loss of love and affection and
funeral expenses are meagre. The Tribunal failed to award any amount
towards loss of estate and prayed for enhancement of compensation.
6.Per contra, learned counsel appearing for the 3rd respondent
contended that the appellants have not produced any material evidence to
prove that he was running a Powerloom Godown and was earning a sum of
Rs.20,000/- per month. In the absence of any material evidence with regard to
avocation and income, a sum of Rs.6,000/- per month fixed by the Tribunal as
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C.M.A.No.140 of 2021
notional income of the deceased is not meagre. The deceased was a bachelor
at the time of accident and 50% deduction made by the Tribunal towards
personal expenses of the deceased is proper. The Tribunal considering the
entire materials on record, has awarded a total sum of Rs.9,67,200/- as
compensation to the appellants and the same is not meagre. 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 3rd respondent 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 24 years,
was a Powerloom Owner and was earning a sum of Rs.20,000/- per month.
To prove the avocation and income of the deceased, the appellants produced
Exs.P9 and P10, Identity Card and Delivery Note. The Tribunal considering
Exs.P9 and P10, held that Exs.P9 and P10 are not sufficient to prove that the
deceased was a Powerloom Owner and was earning a sum of Rs.20,000/- per
month and fixed a sum of Rs.6,000/- per month as notional income of the
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C.M.A.No.140 of 2021
deceased. The accident occurred in the year 2010 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. The deceased was a bachelor at the time of accident
and the Tribunal rightly deducted 50% towards personal expenses of the
deceased. The deceased was aged 24 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.6,600/- (40% of Rs.9,000/-)] X 12 X 18 X
1/2}. The Tribunal failed to award 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
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 9,07,200/- 13,60,800/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of love and 40,000/- 40,000/- Confirmed
affection
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C.M.A.No.140 of 2021
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
4. Transportation 5,000/- 5,000/- Confirmed
5 Loss of estate - 15,000/- Granted
Total Rs.9,67,200/- Rs.14,35,800/- Enhanced by
Rs.4,68,600/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.9,67,200/- is hereby
enhanced to Rs.14,35,800/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 3rd 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.25 of 2019 on the file of
the Motor Accident Claims Tribunal, Sub Court, Avinashi. 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. No costs.
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C.M.A.No.140 of 2021
09.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Subordinate Judge,
Motor Accident Claims Tribunal,
Avinashi.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.140 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.140 of 2021
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C.M.A.No.140 of 2021
09.02.2021
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