Madras High Court
Shanthi vs V.S.Devendiran on 25 February, 2021
C.M.A.No.435 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.435 of 2021
1.Shanthi
2.Gomathi
3.Jayanthi .. Appellants
Vs.
1.V.S.Devendiran
2.United India Insurance Company Limited,
T.P.Cell No.134, Greams Road,
5th floor,
Chennai – 600 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
20.02.2019 made in M.C.O.P.No.6759 of 2016 on the file of the Motor
Accident Claims Tribunal, II Small Causes Court, Chennai.
For Appellants : Mr.U.Chithambaram
For R2 : Mr.M.J.Vijayaraaghavan
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 20.02.2019 made in
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C.M.A.No.435 of 2021
M.C.O.P.No.6759 of 2016 on the file of the Motor Accident Claims Tribunal,
II Small Causes Court, Chennai.
2.The appellants are the claimants in M.C.O.P.No.6759 of 2016 on the
file of the Motor Accident Claims Tribunal, II Small Causes Court, Chennai.
They filed the above said claim petition, claiming a sum of Rs.30,00,000/- as
compensation for the death of one Nagarathinam, who died in the accident
that took place on 19.10.2016.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the rider of the motorcycle belonging to 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.10,41,200/- 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.435 of 2021
5.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 57 years, working as ASO at
Ravindra Services Private Limited, R.A.Puram, Chennai and was earning a
sum of Rs.20,000/- per month. To prove the same, the appellants examined
one Subramaniam as P.W.2, who is the co-worker of the deceased and filed
Exs.P12 to P17 to show that the deceased was earning a sum of Rs.17,672/-
per month as gross income. The Tribunal failed to consider the evidence of
P.W.2, Exs.P12 to P17 and fixed a meagre sum of Rs.11,000/- per month as
notional income of the deceased. The Tribunal ought to have fixed a sum of
Rs.17,672/- as monthly income of the deceased and awarded compensation.
The amounts awarded by the Tribunal towards loss love and affection to
appellants 2 & 3 is meagre. The Tribunal failed to award any amount towards
transportation and prayed for enhancement of compensation.
6.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal considering the evidence of
P.W.2, Exs.P12 to P17, held that the deceased was a contract labour as per
the deposition of P.W.2 and the pay slips of the deceased does not tally with
the amounts mentioned in Exs.P15/salary slips and fixed a sum of
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C.M.A.No.435 of 2021
Rs.11,000/- per month as notional income of the deceased and the same is not
meagre. The amounts awarded by the Tribunal towards loss of love and
affection to appellants 2 & 3 is not meagre. The total compensation awarded
by the Tribunal is 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.It is the case of the appellants that at the time of accident the
deceased was aged 57 years, working as ASO at Ravindra Services Private
Limited, R.A.Puram, Chennai and was earning a sum of Rs.20,000/- per
month. To prove the same, the appellants examined one Subramaniam as
P.W.2, who is the co-worker of the deceased and filed Exs.P12 to P17 to
show that the deceased was earning a sum of Rs.17,672/- per month as gross
income. The Tribunal considering the evidence of P.W.2, Exs.P12 to P17,
held that the deceased was a contract labour as per the deposition of P.W.2
and the pay slips of the deceased does not tally with the amounts mentioned
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C.M.A.No.435 of 2021
in Exs.P15/salary slips and fixed a sum of Rs.11,000/- per month as notional
income of the deceased. The accident is of the year 2016. The cost of living
has increased enormously and salary of even unskilled workers has increased
substantially. Hence, a sum of Rs.14,000/- per month is fixed as notional
income of the deceased. The deceased was aged 57 years at the time of
accident. The Tribunal, following 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],
rightly granted 10% enhancement towards future prospects of the deceased
and applied multiplier '9'. There are three dependants of the deceased and the
Tribunal has rightly deducted 1/3rd towards personal expenses of the
deceased. Thus, by fixing the monthly income as Rs.14,000/- the
compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.11,08,800/- {Rs.15,400/- [Rs.14,000/- + Rs.1,400/- (10% of
Rs.14,000/-)] X 12 X 9 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:
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C.M.A.No.435 of 2021
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
1. Loss of dependency 8,71,200/- 11,08,800/- 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 1,00,000/- 1,00,000/- Confirmed
affection to
appellants 2 & 3
5. Loss of estate 15,000/- 15,000/- Confirmed
Total Rs.10,41,200/- Rs.12,78,800/- Enhanced by
Rs.2,37,600/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.10,41,200/- is hereby
enhanced to Rs.12,78,800/- 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.6759 of 2016 on the file of
the Motor Accident Claims Tribunal, II Small Causes Court, Chennai. On
such deposit, the appellants are permitted to withdraw their respective share
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C.M.A.No.435 of 2021
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.
25.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The II Judge,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.435 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.435 of 2021
25.02.2021
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