Madras High Court
Malar vs M/S. M.H.T.C. Logistics Private ... on 22 February, 2021
C.M.A.No.395 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.395 of 2021
1.Malar
2.Dinesh
3.Minor. Kalai Vani
(Minor 3rd appellant represented by her
Mother, Malar, 1st appellant herein)
4.Elumalai
5.Mariammal .. Appellants
Vs.
1.M/s. M.H.T.C. Logistics Private Limited,
Having its Office at
Plot No. 1791/1792, Road No.23,
Sector KWC, Kalamboli, Navi Mumbai,
Maharashtra – 410 218.
(R1 remained exparte before Tribunal.
Hence, notice to R1 dispensed with)
2.National Insurance Company Limited,
Having Office at
No.751, Anna Salai,
Chennai – 600 002. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
12.01.2018 made in M.C.O.P.No.523 of 2014 on the file of the Motor
1/8
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C.M.A.No.395 of 2021
Accident Claims Tribunal, IV Additional District Court, Ponneri, Thiruvallur.
For Appellants : Mr.F.Terry Chella Raja
for Mr.K.M.Ramesh
For R2 : Ms.R.Sree Vidhya
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 12.01.2018 made in
M.C.O.P.No.523 of 2014 on the file of the Motor Accident Claims Tribunal,
IV Additional District Court, Ponneri, Thiruvallur.
2.The appellants are the claimants in M.C.O.P.No.523 of 2014 on the
file of the Motor Accident Claims Tribunal, IV Additional District Court,
Ponneri, Thiruvallur. They filed the above said claim petition, claiming a sum
of Rs.27,60,000/- (claim amount amended vide order of this Court dated
21.12.2020 made in C.M.P.No.13040 of 2020 in C.M.A.SR.No.2549 of 2020)
as compensation for the death of one Muthu Raman, who died in the accident
that took place on 29.04.2014.
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 1st respondent and directed the 2nd
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C.M.A.No.395 of 2021
respondent to pay a sum of Rs.9,00,000/- 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
compensation.
5.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 42 years, working in a Lorry
Transport and was earning a sum of Rs.25,000/- per month. The Tribunal
fixed a meagre sum of Rs.7,000/- per month as notional income of the
deceased and awarded compensation towards loss of dependency. The
deceased was aged 42 years at the time of accident and the Tribunal failed to
grant any enhancement towards future prospects. The amounts awarded by
the Tribunal towards loss of consortium to 1st appellant and funeral expenses
are meagre. The Tribunal failed to award any amount towards loss of estate,
transportation and mental agony and prayed for enhancement of
compensation.
6.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the appellants have not produced any
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C.M.A.No.395 of 2021
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.7,000/- per month fixed by the Tribunal as notional income of the
deceased is not meagre. The Tribunal considering the entire materials on
record, has awarded a sum of Rs.9,00,000/- as compensation to the claimants,
which 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 2nd respondent-Insurance Company 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 42 years,
working in a Lorry Transport and was earning a sum of Rs.25,000/- 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
considering the year of accident and nature of work done by the deceased,
fixed a sum of Rs.7,000/- per month as notional income of the deceased. The
accident occurred in the year 2014. The cost of living has increased
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C.M.A.No.395 of 2021
enormously and salary of even unskilled workers has increased substantially.
Hence, a sum of Rs.13,000/- per month is fixed as notional income of the
deceased. The deceased was aged 42 years at the time of accident as per
Exs.P2/death report & P3/postmortem certificate. The Tribunal has not
granted any enhancement towards future prospects of the deceased. As per
the judgment of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609
(SC), [National Insurance Company Limited Vs. Pranay Sethi and others,
the appellants are entitled to 25% enhancement towards future prospects.
Thus, the compensation awarded by the Tribunal towards loss of dependency
is modified to Rs.20,47,500/- {Rs.16,250/- [Rs.13,000/- + Rs.3,250/- (25% of
Rs.13,000/-)] X 12 X 14 X 3/4}. The amounts awarded by the Tribunal
towards loss of consortium to 1st appellant and funeral expenses are meagre
and hence, the same are enhanced to Rs.40,000/- and Rs.15,000/-
respectively. The Tribunal has not awarded any amount towards loss of love
and affection. The appellants 2 and 3, who are the children of the deceased
have lost their father at young age. Hence, they are entitled to a sum of
Rs.40,000/- each towards loss of love and affection. The appellants 4 & 5,
who are the parents of the deceased are entitled to a sum of Rs.40,000/-
towards loss of love and affection for the death of their son. The Tribunal
failed to award any amount towards loss of estate. The appellants are entitled
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C.M.A.No.395 of 2021
to a sum of Rs.15,000/- towards loss of estate.
9.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimants have claimed lesser compensation, the
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. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of dependency 8,82,000/- 20,47,500/- Enhanced
2. Funeral expenses 8,000/- 15,000/- Enhanced
3. Loss of consortium 10,000/- 40,000/- Enhanced
to 1st appellant
4. Loss of love and - 80,000/- Granted
affection to
appellants 2 & 3
5. Loss of love and - 40,000/- Granted
affection to
appellants 4 & 5
6. Loss of estate - 15,000/- Granted
Total Rs.9,00,000/- Rs.22,37,500/- Enhanced by
Rs.13,37,500/-
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.9,00,000/- is hereby enhanced to
Rs.22,37,500/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The 2nd respondent-Insurance
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C.M.A.No.395 of 2021
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.523 of 2014 on the file of the Motor
Accident Claims Tribunal, IV Additional District Court, Ponneri, Thiruvallur.
On such deposit, the appellants 1, 2, 4 & 5 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 share of the minor 3rd
appellant is directed to be deposited in any one of the Nationalized Banks, till
the minor 3rd appellant attains majority. On such deposit, the 1st appellant,
being the mother of the minor 3rd appellant is permitted to withdraw the
accrued interest once in three months for the welfare of the minor 3rd
appellant. The appellants are directed to pay the necessary Court fee for the
enhanced award amount as per the order of this Court dated 21.12.2020 made
in C.M.P.No.13040 of 2020 in C.M.A.No.SR.2549 of 2020. No costs.
22.02.2021
krk
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.395 of 2021
V.M.VELUMANI, J.
krk
To
1.The IV Additional District Judge,
Motor Accident Claims Tribunal,
Ponneri,
Thiruvallur.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.395 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
