Madras High Court

Kannammal vs R.Dhanapal on 23 February, 2021

                                                                             CMA No.965 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated 23.02.2021

                                                      CORAM:

                              THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

                                                CMA.No.965 of 2013


                       1. Kannammal
                       2. Tamilselvi
                       3. Pandian
                       4. Chitra
                       5. Muruganantham
                       6. Kumutha
                       7. Sivakumar                        ... Appellants/ Claimants

                                                Vs.

                       1. R.Dhanapal
                       2. The national Insurance Co. Ltd.,
                          First floor 638, Cuddalore Main Road,
                          Attur Taluk, Salem District.      ... Respondents/Respondents


                                      This Civil Miscellaneous Appeal has been filed under

                       Section 173 of the Motor Vehicles Act, 1988, against the decree and

                       judgment dated 27.04.2007 passed in M.C.O.P.No.726 of 2006 by the

                       Principal District Judge, Motor Accident Claims Tribunal, Namakkal.




                       Page 1 of 10
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                                                                                CMA No.965 of 2013

                                      For Appellants         : Mr.N. Manokaran

                                      For II respondent      : Mrs. N.B. Surekha



                                                   JUDGMENT

Not satisfied with the quantum of compensation, the

claimants are before this court to enhance the compensation awarded by

the Tribunal.

2. The claimants have filed a claim petition before the

Tribunal seeking compensation of Rs.7,00,000/- for the death of one

Veeramuthu, wife of the first claimant and father of the claimants 2 to 7,

in a road accident that took place on 30.06.2006.

3. The brief case of the claimants is as follows: On

30.06.2006, at about 2.15 p.m., the deceased Veeramuthu was riding a

motorcycle bearing registration No.TN-27-R-8790 along Salem-Attur

main Road and one Krishnasamy was travelling as a pillion rider and

while nearing Narasingapuram infront of Subhulakshmi Lorry Work

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shop, a lorry bearing registration No.TN-28-B-9126 coming from

opposite side hit the motorcycle, thereby he sustained multiple injuries

all over his body and the pillion rider also sustained grievous injuries

and immediately they were admitted to Government Hospital, Attur,

where from, referred to Palaniyandi Hospital, Salem and there, the rider

namely Veeramuthu and the pillion rider namely Krishnasamy died.

According to the claimants, the rash and negligent driving of the driver

of the lorry was the cause of accident and since the first respondent/

owner of the vehicle insured his lorry with the second respondent/

insurance company, both of them are liable to pay compensation.

4. The claim petition was resisted by the insurance

company by filing counter affidavit.

5. Before Tribunal, two claim petitions were filed in MCOP

No.723 of 2006 and MCOP No.726 of 2006 for the death of

Krishnasamy and Veeramuthu respectively and in both the cases, three

witnesses were examined as PW1 to PW3 and Ex.P1 to Ex.P11 were

marked. On the side of the respondents, no oral and documentary

https://www.mhc.tn.gov.in/judis/ CMA No.965 of 2013

evidence was adduced. In so far as the case in hand namely MCOP

No726 of 2006 is concerned, the first claimant was examined as PW2.

6. After analysing the evidence on record, the Tribunal has

awarded a sum of Rs.70,500/- to the claimant. The compensation

awarded under various heads are extracted hereunder.

                                   Sl               Heads             Amount in
                                   No                                   Rs.
                                   1    Loss of dependency              51,000
                                        (1250-400 x12x5
                                   2    Loss of expectation to life     10,000
                                   3    Funeral expenses                  2,000
                                   4    Loss of Estate                    2,500
                                   5    Loss of Consortium                5,000
                                   Total                       70,500

Not satisfied with the compensation awarded by the Tribunal, the

claimants have filed the present appeal to enhance the compensation.

7. Heard the learned counsel for the appellant and the

learned counsel for the insurance company and I have perused the

materials on record.

8. The learned counsel appearing for the appellants

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submitted that the deceased was a retired person, who had worked as a

Live Stock Senior Supervisor in Salem Milk Dairy and was earning a

sum of Rs.10,000/- per month, however, without appreciating the oral

and documentary evidence, the Tribunal has fixed very meagre amount

of Rs.1,250/- as monthly income. He also submitted that the

compensation awarded under the other heads also very meagre and

hence, prayed for enhancement of compensation.

9. The learned counsel appearing for the second

respondent/ insurance company submitted that after analysing the

evidence on record, the Tribunal has rightly fixed the income of the

deceased and the award passed by the Tribunal is just and reasonable

and the same does not warrant any interference by this court.

10. Now the point for consideration is whether the

compensation awarded by the Tribunal has to be enhanced.

11. Point

https://www.mhc.tn.gov.in/judis/ CMA No.965 of 2013

The learned counsel appearing for the appellants submitted

that an appeal in CMA No.2836 of 2010 was filed by the claimants

against MCOP No.723 of 2006 for the death of one Krishnasamy, who

died in the same road accident that took place on 30.06.2006. He

further submitted that the above said Krishnasamy also a retired Live

Stock Senior Supervisor in the Salem Dairy Unit and in the above

appeal, this court has fixed the monthly income of the deceased

Krishnasamy as Rs.3,000/- and hence, in this case also, monthly

income of the deceased Veeramuthy may be fixed at Rs.3,000/-. He

also produced the order copy of the CMA No2836 of 2010 dated

30.11.2011.

12. Taking note of the above said Order, this court safely

fixed the monthly income of the deceased Veeramuthu at Rs.3,000/-.

However, it is contended by the learned counsel for the insurance

company that in the above said order, no amount was deducted towards

personal expenses. Therefore, 1/3 of income should be deducted

towards personal expenses. The age of the deceased was 62 years on

the date of accident and therefore, proper multiplier to be adopted in the

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instant case is '5' , as per per the decision rendered in Sarla Varma and

others vs. Delhi Transport Corporation and another reported in

(2009) 6 SCC 121. Thus, loss of dependency is calculated as 3000 -

1000 x 12 x 5 = 1,20,000/-. Accordingly a sum of Rs.1,20,000/- is

awarded towards " Loss of dependency ". Apart from this amount, the

first claimant is entitled to Rs.20,000/- towards "Loss of consortium"

and the other claimants are entitled to Rs.60,000/- towards "Love and

affection". Further, the compensation awarded under the head " Funeral

Expenses" and " Loss of Estate" by the Tribunal are enhanced to

Rs.15,000/- each. Accordingly, the revised compensation awarded

under the various heads is extracted hereunder.



                                   Sl.             Heads                Compensation      Compensation
                                   No                                   Awarded by the      enhanced/
                                                                          Tribunal        Awarded by this
                                                                                              court
                                   1     Loss of dependency              51,000             1,20,000
                                                                       (1250-400 x12x5)   (3000-100012x5)

                                   2     Loss of expectation to life     10,000                  -
                                   3     Funeral expenses                 2,000               15,000
                                   4     Loss of Estate                   2,500               15,000
                                   5     Loss of Consortium               5,000               20,000
                                   6     Loss of love and affection            -              60,000
                                         for children

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Sl. Heads Compensation Compensation No Awarded by the enhanced/ Tribunal Awarded by this court Total 70,500 2,30,000

This amount shall carry interest at the rate of 7.5% per annum from the

date of claim petition till the date of deposit.

13. In the result,

(i) The Civil Miscellaneous Appeal is partly allowed and

the award passed by the Tribunal is enhanced from Rs.70,500/- to

Rs.2,30,000/-. No costs.

(ii) The insurance company is directed to deposit the

revised compensation of Rs.2,30,000/- with interest at the rate of 7.5.%

p.a. from the date of claim petition till the date of deposit, less the

amount if already deposited, within a period of six weeks from the date