Madras High Court
A.Nagavalli vs S.Chellapandi on 22 January, 2021
C.M.A.No.3421 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3421 of 2019
1.A.Nagavalli
2.M.Ambirajan .. Appellants
Vs.
1.S.Chellapandi
2.The Oriental Insurance Company Limited,
Divisional Office, Parimalam Complex,
Mettur Road, Erode – 638 009. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
02.11.2017 made in M.C.O.P.No.63 of 2016 on the file of the Motor
Accident Claims Tribunal, Sub Court, Sathyamangalam.
For Appellants : Mr.R.Nalliyappan
For R1 : No appearance
For R2 : Mr.K.Vinod
for Ms.Elveera Ravindran
1/9
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C.M.A.No.3421 of 2019
JUDGMENT
The matter is heard through “Video Conferencing”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 02.11.2017 made in
M.C.O.P.No.63 of 2016 on the file of the Motor Accident Claims Tribunal,
Sub Court, Sathyamangalam.
3.The appellants are the claimants in M.C.O.P.No.63 of 2016 on the
file of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam.
They filed the above said claim petition, claiming a sum of Rs.15,00,000/- as
compensation for the death of their son viz., A.Muthumani, who died in the
accident that took place on 13.09.2015.
4.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 auto belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.8,76,000/- as
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C.M.A.No.3421 of 2019
compensation to the appellants at the first instance and recover the same from
the 1st respondent.
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellants contended that the
deceased was a student aged 17 years at the time of accident. But the Tribunal
has fixed a meagre sum of Rs.6,000/- per month as notional income of the
deceased and failed to grant any enhancement towards future prospects of the
deceased. The deceased was aged 17 years at the time of accident and the
correct multiplier applicable is '18', whereas the Tribunal has applied
multiplier '14' taking into consideration the age of the mother of the deceased.
The Tribunal has not awarded any amount towards loss of estate and mental
agony. The total compensation awarded by the Tribunal at Rs.8,76,000/- is
meagre and prayed for enhancement of compensation.
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C.M.A.No.3421 of 2019
7.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the deceased was a student aged 17 years,
a non-earning member at the time of accident. In the absence of any material
evidence with regard to avocation and income, the Tribunal has fixed a sum
of Rs.6,000/- per month as notional income of the deceased and the same is
excessive. The total compensation awarded by the Tribunal at Rs.8,76,000/-
is not meagre and the appellants have not made out any case for enhancement
of compensation and prayed for dismissal of the appeal.
8.Though notice has been served on the 1st respondent and his name is
printed in the cause list, there is no representation for him either in person or
through counsel.
9.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.
10.From the materials available on record it is seen that it is the
contention of the appellants that the deceased was a student aged 17 years at
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C.M.A.No.3421 of 2019
the time of accident. The Tribunal considering the age of the deceased, fixed
a sum of Rs.6,000/- per month as notional income of the deceased. The
accident occurred in the year 2015 and the monthly income fixed by the
Tribunal is meagre. Considering the year of accident and age of the deceased,
a sum of Rs.9,000/- per month is fixed as notional income of the deceased.
The deceased was aged 17 years at the time of accident and the Tribunal has
not granted any enhancement towards future prospects of the deceased. As
per the judgment of the Hon'ble Apex Court reported in 2017 (2) TNMAC
609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and
others], the appellants are entitled to 40% enhancement towards future
prospects. The Tribunal has adopted multiplier '14' taking into consideration
the age of the mother of the deceased and the same is not correct. As per the
judgment of the Hon'ble Apex Court referred to above, the age of the
deceased is the basis for fixing multiplier and the correct multiplier
applicable as per the judgment of the Hon'ble Apex Court reported in 2009
(2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi
Transport Corporation & another], is '18'. The deceased was a bachelor at
the time of accident and the Tribunal erroneously deducted 1/3rd towards
personal expenses of the deceased instead of deducting 50% towards personal
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C.M.A.No.3421 of 2019
expenses. In view of the above, the compensation awarded by the Tribunal
towards loss of dependency is modified to Rs.13,60,800/- {Rs.12,600/-
[(Rs.9,000/- + Rs.3,600/- (40% of Rs.9,000/-)] x 12 x 18 x ½}. The Tribunal
has awarded a sum of Rs.1,00,000/- to 1st appellant and Rs.75,000/- to 2nd
appellant towards loss of love and affection and the same are excessive. The
appellants are entitled to a sum of Rs.40,000/- each towards loss of love and
affection. The amount awarded by the Tribunal towards funeral expenses is
excessive and the same is reduced to Rs.15,000/-. The Tribunal has not
awarded any amount towards loss of estate. The appellants are entitled to a
sum of Rs.15,000/- towards loss of estate. The amount awarded by the
Tribunal towards transportation is just and reasonable and hence, the same is
hereby confirmed.
11.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimant has claimed lesser compensation, the
Courts have power to grant just compensation more than the amount claimed
by the claimants. Thus, the compensation awarded by the Tribunal is
modified as follows:
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C.M.A.No.3421 of 2019
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of dependency 6,72,000/- 13,60,800/- Enhanced
2. Loss of love and
affection to 1st 1,00,000/- 40,000/- Reduced
appellant
3. Loss of love and
affection to 2nd 75,000/- 40,000/- Reduced
appellant
4. Funeral expenses 25,000/- 15,000/- Reduced
5. Transportation 4,000/- 4,000/- Confirmed
6. Loss of estate - 15,000/- Granted
Total Rs.8,76,000/- Rs.14,74,800/- Enhanced by
Rs.5,98,800/-
12.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.8,76,000/- is hereby enhanced to
Rs.14,74,800/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The appellants are directed to pay the
necessary Court fee for the enhanced amount of compensation. 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.63 of 2016 on the file
of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam, at the
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C.M.A.No.3421 of 2019
first instance and recover the same from the 1st respondent-owner of the auto.
On such deposit, the appellants 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. It is made clear that the appellants are not
entitled to any interest for Rs.5,98,800/- the amount now enhanced by this
Court, as per the order of this Court dated 06.09.2019 made in
C.M.P.No.12430 of 2019 in C.M.A.No.SR.70535 of 2019. No costs.
22.01.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Subordinate Judge,
Motor Accident Claims Tribunal,
Sathyamangalam.
2.The Section Officer,
VR Section,
High Court, Madras.
V.M.VELUMANI, J.
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C.M.A.No.3421 of 2019
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C.M.A.No.3421 of 2019
22.01.2021
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