Madras High Court
Dhanalakshmi vs Minor. Harshitha on 23 February, 2021
C.M.A.No.290 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.290 of 2021
1.Dhanalakshmi
2.Tamilkodi
3.Chandira
4.Palanisamy .. Appellants
Vs.
1.Minor. Harshitha
(Minor 1st respondent represented by
her father and next friend Venugopal)
2.United India Insurance Company Limited,
No.2, Dr.Sankaran Road,
Namakkal. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
03.10.2019 made in M.C.O.P.No.1424 of 2017 on the file of the Motor
Accident Claims Tribunal, Additional District Court, Namakkal.
For Appellants : Mr.T.S.Arthanareeswaran
for Mr.C.Paraneedharan
For R2 : Ms.I.Malar
1/7
https://www.mhc.tn.gov.in/judis/
C.M.A.No.290 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 03.10.2019 made in
M.C.O.P.No.1424 of 2017 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Namakkal.
2.The appellants are the claimants in M.C.O.P.No.1424 of 2017 on the
file of the Motor Accident Claims Tribunal, Additional District Court,
Namakkal. They filed the above said claim petition, claiming a sum of
Rs.7,00,000/- as compensation for the death of one Athayammal, who died in
the accident that took place on 08.04.2017.
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.2,10,000/- 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.
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C.M.A.No.290 of 2021
5.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 82 years, working as Agricultural
Coolie and was earning a sum of Rs.7,000/- per month. But the Tribunal
fixed a meagre sum of Rs.4,000/- per month as notional income of the
deceased and awarded compensation towards loss of dependency. The
Tribunal failed to award any amount towards parental consortium and loss of
love and affection. The amounts awarded by the Tribunal under different
heads are meagre 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
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.4,000/- per month fixed by the Tribunal as notional income of the
deceased is not meagre. The deceased was aged 82 years at the time of
accident and the monthly income fixed by the Tribunal is excessive. The
Tribunal considering entire materials on record, has awarded a sum of
Rs.2,10,000/- as compensation to the appellants, which is highly excessive.
The appellants have not made out any case for enhancement of compensation
and prayed for dismissal of the appeal.
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C.M.A.No.290 of 2021
7.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the 2nd respondent-Insurance Company through
Video Conferencing 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 82 years,
working as Agricultural Coolie and was earning a sum of Rs.7,000/- 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.4,000/- per month as notional income of the deceased and
the same is meagre. The accident occurred in the year 2017. The cost of
living has increased enormously and salary of even unskilled workers has
increased substantially. It is not the case of the respondents that deceased was
not working and not earned any income. Hence, a sum of Rs.7,000/- per
month as claimed by the appellants in the claim petition is fixed as notional
income of the deceased. The deceased was aged 82 years at the time of
accident and the multiplier '5' applied and 1/4th deduction made by the
Tribunal towards personal expenses of the deceased are proper. Thus, the
compensation awarded by the Tribunal towards loss of dependency is
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C.M.A.No.290 of 2021
modified to Rs.3,15,000/- [Rs.7,000/- X 12 X 5 X ¾]. The Tribunal has not
awarded any amount towards loss of love and affection. The appellants are
entitled to a sum of Rs.40,000/- towards loss of love and affection. The
amounts awarded by the Tribunal towards funeral expenses and loss of estate
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 1,80,000/- 3,15,000/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of estate 15,000/- 15,000/- Confirmed
4. Loss of love and - 40,000/- Granted
affection
Total Rs.2,10,000/- Rs.3,85,000/- Enhanced by
Rs.1,75,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.2,10,000/- is hereby
enhanced to Rs.3,85,000/- 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
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C.M.A.No.290 of 2021
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.1424 of 2017 on the file of
the Motor Accident Claims Tribunal, Additional District Court, Namakkal.
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.
23.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Additional District Judge,
Motor Accident Claims Tribunal,
Namakkal.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.290 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.290 of 2021
23.02.2021
https://www.mhc.tn.gov.in/judis/
