Santhi vs V. Velusamy
2021 Latest Caselaw 1183 Mad

                                                                         C.M.A. No.1956 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.1956 of 2020

                   1.Santhi

                   2.Annadurai                                               .. Appellants

                                                          Vs.

                   1.V. Velusamy

                   2.The Divisional Manager,
                     United India Insurance Company Ltd.,
                     No.77, Oriental Complex,
                     A.A. Street, Salem District.

                   (This respondent also doing business
                   at No.2, Bhuvaneshwari Complex,
                   Dr.Sankaran Road,
                   Namakkal Taluk & District.)                               .. Respondents



                   Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                   Vehicles Act, 1988, against the judgment and decree dated 08.01.2020, made

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https://www.mhc.tn.gov.in/judis/
                                                                             C.M.A. No.1956 of 2020

                   in M.C.O.P. No.1157 of 2018, on the file of the Principal District Court,

                   (Motor Accident Claims Tribunal), Namakkal.


                                         For Appellants    : Mr.A.Sathishkumar
                                                             for M/s.C.Thangaraju

                                         For Respondents : Mrs.I.Malar (For R2)


                                                   JUDGMENT

This matter is heard through "Video Conferencing".

This Civil Miscellaneous Appeal has been filed for enhancement of the

compensation granted by the Tribunal in the award dated 08.01.2020, made in

M.C.O.P. No.1157 of 2018, on the file of the Principal District Court, (Motor

Accident Claims Tribunal), Namakkal.

2.The appellants filed M.C.O.P. No.1157 of 2018, on the file of the

Principal District Court, (Motor Accident Claims Tribunal), Namakkal,

claiming a sum of Rs.30,00,000/- as compensation for the death of one

Mohan who died in the accident that took place on 13.09.2018. ___

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3.The Tribunal considering the pleadings, oral and documentary

evidence, held that accident occurred due to rash and negligent driving by the

driver of the TATA Ace belonging to the 1st respondent and directed the 2nd

respondent as insurer of the vehicle to pay a sum of Rs.16,22,670/- as

compensation to the appellants.

4.Not being satisfied with the amounts granted by the award dated

08.01.2020, made in M.C.O.P. No.1157 of 2018, the appellants have come

out with the present appeal.

5.The learned counsel appearing for the appellants contended that at

the time of accident, the deceased was studying II year Engineering Course at

Pavai Engineering College, Patchal. The deceased, apart from his studies,

excelled in extracurricular activities. The Tribunal ought to have fixed a sum

of Rs.30,000/- per month as notional income, instead of Rs.10,000/-. The

appellants incurred a sum of Rs.84,950/- towards medical expenses and

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marked the medical bills as Ex.P14 to that effect. The Tribunal without

assigning any reason, erroneously reduced the same to Rs.75,670/-. The

Tribunal failed to award any amount towards loss of love and affection. The

amount awarded by the Tribunal towards transportation charges is meagre

and prayed for enhancement of the compensation.

6.Per contra, the learned counsel appearing for the 2nd respondent-

Insurance Company contended that the Tribunal considering the fact that the

deceased was a student at the time of accident, rightly fixed his notional

income at Rs.10,000/- per month. The same is in order. The amounts awarded

by the Tribunal under other heads are not meagre 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 materials available on

record.

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8.From the materials on record, it is seen that it is the contention of the

appellants that at the time of accident, the deceased was aged 19 years,

studying II Year Engineering at Pavai Engineering College, Patchal. They

produced Mark sheets and Transfer Certificate as Exs.P9 to P11 respectively.

The Tribunal fixed a meagre sum of Rs.10,000/- per month as notional

income of the deceased. The accident is of the year 2018. After completion

of his studies, the deceased could have got decent job with good salary and

would have contributed to the maintenance of the family. Considering the age

and educational qualification of the deceased, a sum of Rs.15,000/- per month

is fixed as notional income of the deceased. The deceased was a Bachelor at

the time of accident. Applying multiplier '18' and after deducting 50%

towards personal expenses of the deceased, the amounts awarded by the

Tribunal towards loss of dependency is modified to Rs.22,68,000/-

{[Rs.15,000/- + Rs.6,000/- (40% of Rs.15,000/-)] x 12 x 18 x 50%}. The

Tribunal failed to award any amount towards loss of love and affection. The

appellants being parents of the deceased are each entitled to a sum of

Rs.40,000/- towards loss of love and affection. The amounts granted by the

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Tribunal under other heads are just and reasonable and hence, the same are

confirmed. Thus, the compensation awarded by the Tribunal is modified as

follows:

S. No Description Amount awarded Amount Award by Tribunal awarded by this confirmed or (Rs) Court (Rs) enhanced or granted

1. Loss of dependency 15,12,000/- 22,68,000/- Enhanced

2. Loss of estate 15,000/- 15,000/- Confirmed

3. Funeral expenses 15,000/- 15,000/- Confirmed

4. Medical bill 75,670/- 75,670/- Confirmed

5. Transportation 5,000/- 5,000/- Confirmed

6. Loss of love and - 80,000/- Granted affection Total 16,22,670/- 24,58,670/- Enhanced by Rs.8,36,000/-

9.In the result, the appeal is partly allowed and the amount awarded by

the Tribunal at Rs.16,22,670/- is enhanced to Rs.24,58,670/- 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,

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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.1157 of 2018. On such deposit, the

appellants are permitted to withdraw their share of the award amount, now

determined by this Court, along with proportionate interest and costs, as per

the ratio of apportionment fixed by the Tribunal, after adjusting the amount, if

any, already withdrawn, by filing necessary applications before the Tribunal.

No costs.

20.01.2021 Index : Yes / No gsa

To

1.The Principal District Judge, (Motor Accident Claims Tribunal), Namakkal.

2.The Section Officer, V.R Section, High Court, Madras.

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V.M.VELUMANI, J.,

gsa

C.M.A.No.1956 of 2020

20.01.2021

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