Madras High Court
S.Pangiraj vs Bharathi Srinivas Talikodi on 17 February, 2021
C.M.A.(MD)No.730 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.(MD)No.730 of 2020
1.S.Pangiraj
2.P.Sebasthiammal ... Appellants/Petitioners
-Claimants
Vs.
1.Bharathi Srinivas Talikodi
2.The Claims Manager,
Iffco Tokio General Insurance Company Ltd.,
D.No.82, Pritham Pilaza 1st Floor,
Chandra Gandhi Nagar,
Ponmani Bypass Road,
Madurai-6251016 ... Respondents/Respondents
PRAYER: This Appeal filed under Section 173 of the Motor Vehicles
Act, 1988, to set aside the order and decree made in M.C.O.P.No.120 of
2017 dated 20.03.2020 on the file of the Principal District Court/Motor
Accident Claims Tribunal, Virudhunagar District at Srivilliputtur.
For appellants : Mr.M.Thirunavukkarasu
For R2 : Mrs.K.R.Shivashankari
JUDGMENT
Not satisfied with the quantum of compensation, this appeal has
been filed by the claimants.
2.The learned counsel appearing for the appellant would state
that at the time of accident, the deceased was aged 20 years, but the
Tribunal has adopted “17” multiplier instead of “18” as per the
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.730 of 2020
judgment in Sarla Verma Vs. Delhi Transport Corporation,
reported in 2009(2) TN MAC 1 (SC). He would further state that the
Tribunal ought to have fixed the monthly income of the deceased at
Rs.10,000/- instead of Rs.9,000/-, relying upon Ex.P.10-ITI Training
Certificate of the deceased and Ex.P.11-Mark Statement. He would
also submit that no future prospects was awarded. The deceased was
aged 20 years and as per Pranay Sethi's case 40% future prospect is
to be given. The appellants, who are parents of the deceased, lost their
son, but there is no award under the heads of filial consortium and loss
of estate. Thus, he would pray for enhancement of the award amount.
3.Heard the learned counsel for the appellants and the
respondents.
4.Perusal of records shows that the claimants claimed that the
deceased was working as a Supervisor in KAH Leather Exports and
earned Rs.10,000/- per month and they examined P.W.3 – a staff of the
Leather Exports. But, the Tribunal fixed Rs.9000/- as monthly income
of the deceased, but not awarded future prospects. Therefore, by
applying the judgment in National Insurance Company Limited Vs.
Pranay Sethi and others, reported in 2017 (2) TNMAC 609(SC),
40% is added towards future prospects. After 40% addition, the
income would be Rs.12,600/- and if 50% is deducted towards personal
expenses, the monthly income would be Rs.6,300/-. After applying 18
multiplier, according to the age of the deceased, as per Sarla Verma
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C.M.A.(MD)No.730 of 2020
case, the loss of income would be Rs.13,60,800/-(6300x12x18).
Therefore, the appellants are entitled to get Rs.13,60,800/- for loss of
income. The appellants lost their son at his age of 20 years, but there
is no amount granted towards loss of filial consortium and therefore,
the appellants are rewarded Rs.50,000 each under the head of loss of
filial consortium, totally, Rs.1,00,000/-.
5.Except the above modification, the compensation under other
heads are not interfered with. The compensation is modified and
apportioned as hereunder:
Loss of Income Rs.13,60,800/-
Loss of Love and Affection Rs.60,000/-
(Rs.30,000/- each)
Transport Expenses Rs.10,000/-
Funeral Expenses Rs.15,000/-
Loss of Filial Consortium Rs.1,00,000/-
(Rs.50,000/- each)
Total enhanced Compensation Rs.15,45,800/-
6.In the result, the award of the Tribunal is enhanced from
Rs.10,03,000/ - to Rs.15,45,800/-. The 2nd respondent / Insurance
Company is directed to deposit modified compensation of
Rs.15,45,800/- with interest at 7.5 per annum from the date of petition
till the date of deposit, less the amount already deposited, if any, within
a period of eight weeks from the date of receipt of a copy of this
judgment. On such deposit, the appellants /claimants are permitted to
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C.M.A.(MD)No.730 of 2020
withdraw the same in the ratio apportioned by the Tribunal without
filing formal permission petition before the Tribunal. The claimants are
directed to pay necessary Court fee, if any for the enhanced amount
within a period of two weeks from the date of receipt of a copy of this
judgment.
7.Accordingly, this Civil Miscellaneous Appeal is partly-allowed.
No costs.
17.02.2021
Index :Yes/No
Internet :Yes/No
gns
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The Principal District Court/Motor Accident Claims Tribunal,
Virudhunagar District at Srivilliputtur.
2.The Record Keeper,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.730 of 2020
J.NISHA BANU,J.
gns
C.M.A.(MD)No.730 of 2020
17.02.2021
https://www.mhc.tn.gov.in/judis/
