Madras High Court
R.Muniyammal vs R.Kamaraj on 22 February, 2021
C.M.A.Nos.1595 of 2020 & 363 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.Nos.1595 of 2020 & 363 of 2021
and
C.M.P.No.2431 of 2021
C.M.A.No.1595 of 2020:
1.R.Muniyammal
2.R.Manivannan
3.R.Kokila
4.R.Janakiraman
5.Minor. R.Yogeswari
(Minor 5th appellant represented by her Mother,
Next Friend, R.Muniyammal, 1st appellant herein)
6.M.Palaniyammal .. Appellants
Vs.
1.R.Kamaraj
2.M/s.Reliance General Insurance Company Limited,
Zonal Office, Commercia Claims,
6th Floor, No.6, Haddows Road,
Chennai – 600 006. .. Respondents
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1595 of 2020 & 363 of 2021
C.M.A.No.363 of 2021:
M/s.Reliance General Insurance Company Limited,
Zonal Office, Commercia Claims,
6th Floor, No.6, Haddows Road,
Chennai – 600 006. .. Appellant
Vs.
1.R.Muniyammal
2.R.Manivannan
3.R.Kokila
4.R.Janakiraman
5.Minor. R.Yogeswari
(Minor 5th respondent represented by her Mother,
Next Friend, R.Muniyammal, 1st respondent herein)
6.M.Palaniyammal
7.R.Kamaraj .. Respondents
Common Prayer: These Civil Miscellaneous Appeals are filed under Section
173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated
02.03.2020 made in M.C.O.P.No.1718 of 2018 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court,
Chennai.
In C.M.A.No.1595 of 2020:
For Appellants : Mr.R.Mohan Babu
For R1 : No appearance
For R2 : Mr.S.Arun Kumar
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1595 of 2020 & 363 of 2021
In C.M.A.No.363 of 2021:
For Appellant : Mr.S.Arun Kumar
For RR 1 to 6 : Mr.R.Mohan Babu
COMMON JUDGMENT
These Civil Miscellaneous Appeals have been filed against the award
dated 02.03.2020 made in M.C.O.P.No.1718 of 2018 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court,
Chennai.
2.Both the appeals arise out of the same accident and same award and
hence, they are disposed of by this common judgment. The parties are
referred to as per their respective ranks in the claim petition for the sake of
convenience.
3.The claimants filed the above said claim petition claiming a sum of
Rs.45,00,000/- as compensation for the death of one Ramesh, who died in the
accident that took place on 17.02.2018 against the respondents, being the
owner and insurer of the motorcycle bearing Registration No.TN 14 J 1486.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1595 of 2020 & 363 of 2021
4.According to the claimants, on 17.02.2018 at about 06.00 P.M., while
the said Ramesh was riding his motorcycle bearing Registration No.TN 20 Y
2868 from Chennai to Chittoor near Puligundram to Malagunta Road, the
rider of the motorcycle bearing Registration No.TN 14 J 1486 belonging to 1st
respondent came in a rash and negligent manner from the opposite direction,
dashed against the motorcycle rode by the deceased Ramesh and caused the
accident. In the accident, the said Ramesh fell down from the motorcycle,
sustained severe head injury and died in the Hospital on 20.02.2018.
Therefore, the claimants filed the above said claim petition claiming a sum of
Rs.45,00,000/- as compensation for the death of said Ramesh against the
respondents, being the owner and insurer of the motorcycle bearing
Registration No.TN 14 J 1486.
5.The Tribunal considering the pleadings, oral and documentary
evidene, held that accident occurred only due to rash and negligent riding by
the rider of the motorcycle bearing Registration No.TN 14 J 1486 belonging
to 1st respondent and directed the 2nd respondent-Insurance Company to pay a
sum of Rs.21,15,000/- as compensation to the claimants.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1595 of 2020 & 363 of 2021
6.Not being satisfied with the amounts awarded by the Tribunal, the
claimants have come out with an appeal in C.M.A.No.1595 of 2020 seeking
enhancement of compensation. Questioning the quantum of compensation
awarded by the Tribunal in the award dated 02.03.2020 made in
M.C.O.P.No.1718 of 2018, the 2nd respondent-Insurance Company has come
out with an appeal in C.M.A.No.363 of 2021.
7.The learned counsel appearing for the claimants contended that the
deceased was aged 42 years, working as Cooking Master for Functions and
was earning a sum of Rs.18,000/- per month at the time of accident. The
Tribunal fixed a meagre sum of Rs.12,000/- per month as notional income of
the deceased. The wife of the deceased, the 1st claimant has lost her husband
and the amount awarded by the Tribunal towards loss of consortium to the 1 st
claimant is meagre. The Tribunal failed to award any amount towards mental
agony. The amounts awarded by the Tribunal towards loss of love and
affection and funeral expenses are meagre and prayed for dismissal of
C.M.A.No.363 of 2021 filed by the 2nd respondent-Insurance Company and
for enhancement of compensation.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1595 of 2020 & 363 of 2021
8.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the claimants failed 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.12,000/- per
month fixed by the Tribunal as notional income of the deceased is excessive.
The claimants 2 to 4 are not dependants of the deceased and hence, the
Tribunal ought to have deducted 1/3rd towards personal expenses of the
deceased instead of deducting 1/4th towards personal expenses of the
deceased. The claimants are not entitled to any enhancement towards future
prospects of the deceased as there is no future loss at all. The amount
awarded by the Tribunal towards loss of love and affection is excessive. The
total compensation awarded by the Tribunal at Rs.21,15,000/- is highly
excessive and prayed for setting aside the award passed by the Tribunal and
for dismissal of C.M.A.No.1595 of 2020 filed by the claimants.
9.Though notice has been served on the 1st respondent in
C.M.A.No.1595 of 2020 and his name is printed in the cause list, there is no
representation on behalf of him, either in person or through counsel.
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C.M.A.Nos.1595 of 2020 & 363 of 2021
10.Heard the learned counsel appearing for the claimants as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on recod.
11.It is the case of the claimants in the claim petition that the deceased
was aged 42 years, working as Cooking Master for Functions and was
earning a sum of Rs.18,000/- per month at the time of accident. They failed to
let in any acceptable evidence to substantiate their case. In the absence of any
material evidence with regard to avocation and income, the Tribunal fixed a
sum of Rs.12,000/- per month as notional income of the deceased. The
accident occurred in the year 2018 and the monthly income fixed by the
Tribunal is meagre. Considering the date of accident, nature of work done by
the deceased, a sum of Rs.15,000/- per month is fixed as notional income of
the deceased. The claimants filed Ex.P5/Aadhar card copy and Ex.P6/Driving
License copy of the deceased. As per Exs.P5 & P6, the age of the deceased
was mentioned as 41 years. The Tribunal considering Exs.P5 & P6, fixed the
age of the deceased as 41 years and granted 25% enhancement towards future
prospects and the same is not excessive as claimed by the 2nd respondent-
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C.M.A.Nos.1595 of 2020 & 363 of 2021
Insurance Company. The further contention of the 2nd respondent-Insurance
Company that except claimants 1, 5 & 6, others are not dependants of the
deceased is concerned, the claimants 2 to 4, are the daughter and 2 sons of the
deceased, aged 22 years, 20 years and 18 years respectively. The 2nd
respondent-Insurance Company has not disproved that the claimants 2 to 4
are children of the deceased. It is well settled that even married son and
daughters are also entitled to get compensation for the death of their father.
The Tribunal considering Ex.P8/legalheirship certificate, held that claimants
are entitled to compensation for the death of their father viz., Ramesh. Thus,
the compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.23,62,500/- {Rs.18,750/- [(Rs.15,000/- + Rs.3,750/- (25% of
Rs.15,000/-)] X 12 X 14 X 3/4}. The Tribunal considering the fact that
claimants 2 to 5 have lost their father and 6th claimant has lost her son,
granted a sum of Rs.30,000/- each towards loss of love and affection. The
amounts awarded by the Tribunal towards loss of love and affection is not
excessive. The amounts awarded by the Tribunal towards funeral expenses
and loss of estate are just and reasonable and hence, the same are confirmed.
Thus, the compensation awarded by the Tribunal is modified as follows:
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C.M.A.Nos.1595 of 2020 & 363 of 2021
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of dependency 18,90,000/- 23,62,500/- Enhanced
2. Loss of consortium to 1st 40,000/- 40,000/- Confirmed
claimant
3. Loss of love and affection 1,50,000/- 1,50,000/- Confirmed
to claimants 2 to 6
4. Funeral expenses 15,000/- 15,000/- Confirmed
5. Loss of estate 15,000/- 15,000/- Confirmed
6. Transportation 5,000/- 5,000/- Confirmed
Total Rs.21,15,000/- Rs.25,87,500/- Enhanced by
Rs.4,72,500/-
12.The compensation awarded by the Tribunal at Rs.21,15,000/- is
hereby enhanced to Rs.25,87,500/- 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 Company is directed to deposit the award amount now
determined by this Court, along with proportionate 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 common judgment, to the credit of
M.C.O.P.No.1718 of 2018 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.I, Small Causes Court, Chennai. On such deposit, the
claimants 1 to 4 & 6 are permitted to withdraw their respective share of the
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C.M.A.Nos.1595 of 2020 & 363 of 2021
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 5th claimant is
directed to be deposited in any one of the Nationalized Banks, till the minor
5th claimant attains majority. On such deposit, the 1st claimant, being the
mother of the minor 5th claimant is permitted to withdraw the accrued interest
once in three months for the welfare of the minor 5 th claimant. The claimants
are directed to pay the necessary Court fee as per the order of this Court dated
08.10.2020 made in C.M.P.No.11198 of 2020 in C.M.A.No.SR.56248 of
2020.
13.In the result, C.M.A.No.1595 of 2020, filed by the claimants is
partly allowed and in view of the same, C.M.A.No.363 of 2021, filed by the
Insurance Company is dismissed. Consequently, the connected Miscellaneous
Petition is closed. No costs.
22.02.2021
krk
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1595 of 2020 & 363 of 2021
To
1.The Special Subordinate Judge No.I,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1595 of 2020 & 363 of 2021
V.M.VELUMANI, J.
krk
C.M.A.Nos.1595 of 2020 & 363 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
