Madras High Court
D.Eswari vs N.Palani on 20 January, 2021
C.M.A.No.1974 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1974 of 2020
1.D.Eswari
2.D.Meha (Minor)
(Minor 2nd appellant represented by
her mother and next friend
Mrs.D.Eswari 1st appellant)
3.S.Saroja .. Appellants
vs.
1.N.Palani
2.Royal Sundaram General Insurance Co. Ltd.
Nos.45 and 46, Whites Road
Chennai-600 014. .. Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 29.01.2020 made
in M.C.O.P.No.3693 of 2017 on the file of Motor Accident Claims Tribunal,
(Special Sub Court No.I dealing with MCOP cases), Small Causes Court,
Chennai.
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1974 of 2020
For Appellants : Mr.R.Nalliyappan
For R2 : Mrs.C.Harini
for Mr.M.B.Raghavan
JUDGMENT
This matter is heard through 'Video-conferencing'.
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 29.01.2020 made in
M.C.O.P.No.3693 of 2017 on the file of Motor Accident Claims Tribunal,
(Special Sub Court No.I dealing with MCOP cases), Small Causes Court,
Chennai.
2.The appellants are claimants in M.C.O.P.No.3693 of 2017 on the file
of Motor Accident Claims Tribunal, (Special Sub Court No.I dealing with
MCOP cases), Small Causes Court, Chennai. They filed the said claim
petition claiming a sum of Rs.47,00,000/- as compensation for the death of
one S.Dhamodaran, who died in the accident that took place on 23.08.2016.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1974 of 2020
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 sewage lorry belonging to the 1st respondent and directed the
2nd respondent/Insurance Company being insurer of the said sewage lorry to
pay a sum of Rs.15,50,000/- 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.
5.The learned counsel appearing for the appellants contended that at
the time of accident, the deceased was working as a car driver in
M/s.Harmony Homes, Chennai and was earning a sum of Rs.18,000/- per
month. The appellants have examined the co-employee of the deceased as
P.W.3 and marked Ex.P6 to prove the avocation and income of the deceased.
The Tribunal erred in fixing a meagre sum of Rs.10,000/- per month as
notional income of the deceased for non-production of Income Tax returns.
The amounts awarded by the Tribunal under different heads are meagre and
prayed for enhancement of compensation.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1974 of 2020
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellants failed to
produce Income Tax returns of the deceased. In the absence of material
evidence with regard to income, the Tribunal fixed a sum of Rs.10,000/- per
month as notional income of the deceased, which is not meagre. The amounts
awarded by the Tribunal under different heads are excessive. Therefore, the
appellants are not entitled to any enhancement of compensation and prayed
for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellants as well as the
2nd respondent/Insurance Company and perused the entire materials available
on record.
8.From the materials on record, it is seen that it is the contention of the
appellants that the deceased was working as a car driver in M/s.Harmony
Homes, Chennai and was earning a sum of Rs.18,000/- per month. The
appellants have examined the co-employee of the deceased as P.W.3 and
marked the employment details and income particulars of the deceased as
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1974 of 2020
Ex.P6 to prove the avocation and income of the deceased. The Tribunal fixed
a sum of Rs.10,000/- per month as notional income of the deceased holding
that the appellants have not produced cash payment vouchers, Bank passbook
entry and Income Tax returns of the deceased. The reason given by the
Tribunal is not proper. The accident is of the year 2016 and the notional
income fixed by the Tribunal is meagre. Hence, a sum of Rs.14,000/- per
month is fixed as notional income of the deceased. The deceased was aged 43
years at the time of the accident as per Ex.P5/driving license of the deceased.
The Tribunal has not granted any enhancement towards future prospects. As
per the judgment of the Hon'ble Apex Court reported in 2017 (2) TN MAC
609 (SC) [National Insurance Co. Ltd., Vs. Pranay Sethi and others], the
appellants are entitled to 25% enhancement towards future prospects. By
applying multiplier '14' and deducting 1/3rd towards personal expenses, the
compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.19,60,000/- (14,000/- + 3500 [Rs.14,000/- X 25%] X 12 X 14
X 2/3). The amounts awarded by the Tribunal under all other heads are not
meagre and hence, the same are hereby confirmed. Thus, the compensation
awarded by the Tribunal is modified as follows:
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1974 of 2020
S.No Description Amount Amount awarded Award
awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 14,00,000 19,60,000 Enhanced
dependency
2. Loss of 40,000 40,000 Confirmed
consortium
3. Loss of love 75,000 75,000 Confirmed
and affection
4. Loss of estate 15,000 15,000 Confirmed
5. Transportation 5,000 5,000 Confirmed
6. Funeral 15,000 15,000 Confirmed
expenses
Total 15,50,000 21,10,000 Enhanced by
Rs.5,60,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.15,50,000/- is hereby
enhanced to Rs.21,10,000/- 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 deposited, if any, within a period of six weeks from the date of receipt
of a copy of this judgment. On such deposit, the appellants 1 and 3 are
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1974 of 2020
permitted to withdraw their respective share of the award amount as per the
apportionment fixed by the Tribunal along with proportionate interest and
costs, less the amount if any, already withdrawn. The share amount of the
minor/2nd appellant is directed to be deposited in any one of the Nationalised
Banks till the minor attains majority. The 1st appellant, being mother of the
minor/2nd appellant, is permitted to withdraw the accrued interest once in
three months for the welfare of the minor. No costs.
20.01.2021
Index : Yes / No
kj
To
1.The Special Subordinate Judge No.I
(dealing with MCOP cases)
(Motor Accident Claims Tribunal)
Small Causes Court, Chennai.
2.The Section Officer
V.R.Section
High Court, Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1974 of 2020
V.M.VELUMANI, J.,
kj
C.M.A.No.1974 of 2020
20.01.2021
https://www.mhc.tn.gov.in/judis/
