Madras High Court
Rajammal vs G.V.Anantha Kumar on 22 February, 2021
C.M.A.No.314 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.314 of 2021
1.Rajammal
2.K.R.Srinivasan .. Appellants
Vs.
1.G.V.Anantha Kumar
2.M/s. The New India Assurance Company Limited,
Divisional Office,
Amman Complex, 2nd Floor,
1360, EVN Road,
Erode – 11. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
10.09.2019 made in M.C.O.P.No.365 of 2018 on the file of the Motor
Accident Claims Tribunal, Special District Court, Erode.
For Appellants : Mr.K.Varadha Kamaraj
For R2 : Mr.J.Chandran
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 10.09.2019 made in
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C.M.A.No.314 of 2021
M.C.O.P.No.365 of 2018 on the file of the Motor Accident Claims Tribunal,
Special District Court, Erode.
2.The appellants are the claimants in M.C.O.P.No.365 of 2018 on the
file of the Motor Accident Claims Tribunal, Special District Court, Erode.
They filed the above said claim petition, claiming a sum of Rs.20,00,000/- as
compensation for the death of one Rangasami, who died in the accident that
took place on 27.09.2016.
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 bus belonging to 1st respondent and directed the 2nd
respondent to pay a sum of Rs.1,75,004/- 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 an Agriculturist aged 74 years having
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C.M.A.No.314 of 2021
17 acres of cultivated land and also member of organic farm and was earning
a sum of Rs.30,000/- per month. The Tribunal fixed a meagre sum of
Rs.10,000/- per month as notional income of the deceased. The correct
multiplier applicable is '5', wheras the Tribunal has not applied any multiplier
for awarding compensation towards loss of dependency. The amounts
awarded by the Tribunal towards loss of consortium to 1st appellant, loss of
love and affection and loss of dependency are meagre. The total
compensation awarded by the Tribunal is meagre and prayed for
enhancement of compensation.
6.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the deceased was aged 74 years at the
time of accident. 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.10,000/-
per month fixed by the Tribunal as notional income of the deceased is
excessive. The deceased was aged 74 years at the time of accident and the
appellants are not entitled to any compensation towards loss of dependency
by adopting multiplier method. The amounts awarded by the Tribunal
towards loss of consortium to 1st appellant and loss of love and affection to
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C.M.A.No.314 of 2021
2nd appellant are 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 74 years, an
Agriculturist having 17 acres of cultivated land and also member of organic
farm and was earning a sum of Rs.30,000/- per month. Except oral evidence,
the appellants have not produced any material evidence to prove the said
contention. The Tribunal in the absence of any material evidence to prove the
avocation and income of the deceased, considering the year of accident and
nature of work done by the deceased, fixed a sum of Rs.10,000/- per month as
notional income of the deceased. The accident occurred in the year 2016 and
the monthly income fixed by the Tribunal is not meagre. The deceased was
aged 74 years at the time of accident. The Tribunal has not adopted any
multiplier for awarding compensation towards loss of dependency. As per the
judgment of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC
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C.M.A.No.314 of 2021
Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation &
another] for the persons aged above 60 years, the correct multiplier
applicable is '5'. There are two dependants of the deceased and the Tribunal
rightly deducted 1/3rd towards personal expenses of the deceased. Thus, the
compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.4,00,000/- [Rs.10,000/- X 12 X 5 X 2/3]. 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 80,004/- 4,00,000/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of consortium 40,000/- 40,000/- Confirmed
to 1st appellant
4. Loss of love and 25,000/- 25,000/- Confirmed
affection to 2nd
appellant
5. Loss of estate 15,000/- 15,000/- Confirmed
Total Rs.1,75,004/- Rs.4,95,000/- Enhanced by
Rs.3,19,996/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,75,004/- is hereby
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C.M.A.No.314 of 2021
enhanced to Rs.4,95,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent-
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.365 of 2018 on the file of
the Motor Accident Claims Tribunal, Special District Court, Erode. 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.
22.02.2021
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.314 of 2021
To
1.The Special District Judge,
Motor Accident Claims Tribunal,
Erode.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.314 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.314 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
