Madras High Court
Baby vs G.Logeshwaran on 23 February, 2021
C.M.A.No.261 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.261 of 2021
1.Baby
2.Minor. Hamsarthan
(Minor 2nd appellant represented by his
Mother, Baby, 1st appellant herein) .. Appellants
Vs.
1.G.Logeshwaran
2.M/s.National Insurance Company Limited,
Divisional Office,
73, Perundurai Road,
Palayapalayam,
Erode – 11.
3.Tamilarasi .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
25.11.2019 made in M.C.O.P.No.363 of 2018 on the file of the Motor
Accident Claims Tribunal, Special District Court, Erode.
For Appellants : Mr.K.Varadha Kamaraj
for Mr.R.Thirunavukkarasu
For R2 : Mr.J.Chandran
1/8
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C.M.A.No.261 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 25.11.2019 made in
M.C.O.P.No.363 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.363 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.35,00,000/- as
compensation for the death of one Eswaramoorthi, who died in the accident
that took place on 30.10.2017. The 3rd respondent is the mother of the
deceased.
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
respondent-Insurance Company to pay a sum of Rs.19,47,521/- as
compensation to the appellants and 3rd respondent.
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C.M.A.No.261 of 2021
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 36 years, working as Driver in
Rig Unit under Bhuvanenthiran and was earning a sum of Rs.20,000/- per
month. To prove the same, the appellants filed Ex.P7/driving license of the
deceased, Ex.P13/R.C. Book of the lorry bearing Registration No.KA 01 C
4343 and examined the employer of the deceased, Bhuvanenthiran as P.W.3.
The Tribunal failed to consider the evidence of P.W.3, Exs.P7 & P13 and
fixed a meagre sum of Rs.10,000/- per month as notional income of the
deceased. The Tribunal ought to have fixed a sum of Rs.20,000/- as monthly
income of the deceased and awarded compensation. The amounts awarded by
the Tribunal towards loss of consortium to 1st appellant, loss of love and
affection to 2nd appellant and 3rd respondent and funeral expenses are meagre
and prayed for enhancement of compensation.
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C.M.A.No.261 of 2021
6.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal considering the evidence of
P.W.3, Exs.P7 & P13, and in the absence of documents like attendance
register, salary certificate and wage register was filed by the appellants and
fixed a sum of Rs.10,000/- per month as notional income of the deceased and
the same is not meagre. The amounts awarded by the Tribunal under loss of
love and affection to 2nd appellant and 3rd respondent, loss of consortium to 1st
appellant, funeral expenses, loss of estate and medical expenses are not
meagre. The appellants have not made out any case for enhancement 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.
8It is the case of the appellants that at the time of accident the deceased
was aged 36 years, working as Driver in Rig Unit under Bhuvanenthiran and
was earning a sum of Rs.20,000/- per month. To prove the same, the
appellants filed Ex.P7/driving license of the deceased, Ex.P13/R.C. Book of
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C.M.A.No.261 of 2021
the lorry bearing Registration No.KA 01 C 4343 and examined the employer
of the deceased, Bhuvanenthiran as P.W.3. The Tribunal considering the
evidence of P.W.3, Exs.P7 & P13, held that no documents like salary slip and
salary register was filed by the appellant and fixed a sum of Rs.10,000/- per
month as notional income of the deceased. The accident is of the year 2017
and the cost of living has increased enormously and salary of even unskilled
workers has increased substantially. Hence, a sum of Rs.15,000/- per month
is fixed as notional income of the deceased. The deceased was aged 36 years
at the time of accident and as per the judgments of the Hon'ble Apex Court
reported in 2017 (2) TNMAC 609 (SC), [National Insurance Company
Limited Vs. Pranay Sethi and others] and 2009 (2) TNMAC 1 SC Supreme
Court, [Sarla Verma & others Vs. Delhi Transport Corporation & another],
40% enhancement granted towards future prospects of the deceased and
multiplier '15' applied by the Tribunal are proper. There are three dependants
of the deceased and the Tribunal has rightly deducted 1/3 rd towards personal
expenses of the deceased. Thus, the compensation awarded by the Tribunal
towards loss of dependency is modified to Rs.25,20,000/- {Rs.21,000/-
[Rs.15,000/- + Rs.6,000/- (40% of Rs.15,000/-)] X 12 X 15 X 2/3}. The
amounts awarded by the Tribunal under other heads are just and reasonable
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C.M.A.No.261 of 2021
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 16,79,940/- 25,20,000/- 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 50,000/- 50,000/- Confirmed
affection to 2nd
appellant & 3rd
respondent
5. Medical expenses 1,47,581/- 1,47,581/- Confirmed
6. Loss of estate 15,000/- 15,000/- Confirmed
Total Rs.19,47,521/- Rs.27,87,581/- Enhanced by
Rs.8,40,060/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.19,47,521/- is hereby
enhanced to Rs.27,87,581/- 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.363 of 2018 on the file of
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C.M.A.No.261 of 2021
the Motor Accident Claims Tribunal, Special District Court, Erode. On such
deposit, the 1st appellant & 3rd respondent 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 2nd
appellant is directed to be deposited in any one of the Nationalized Banks, till
the minor 2nd appellant attains majority. On such deposit, the 1st appellant,
being the mother of the minor 2nd appellant is permitted to withdraw the
accrued interest once in three months for the welfare of the minor 2nd
appellant. No costs.
23.02.2021
krk
Index : Yes / No
Internet : Yes / No
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.261 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.261 of 2021
23.02.2021
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