Madras High Court
Manjula vs The Secretary on 22 January, 2021
C.M.A.No.3754 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.3754 of 2019
1.Manjula
2.Perumal .. Appellants
Vs.
1.The Secretary,
M/s.Vivekananda Vidhyalaya School,
Puduchatram Post,
Namakkal Taluk and District – 637 018.
2.The Manager,
New India Assurance Company Limited,
No.421, Rasipuram Main Road,
Vennandur, Rasipuram Taluk,
Namakkal District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
11.04.2016 made in M.C.O.P.No.696 of 2014 on the file of the Motor
Accident Claims Tribunal, Additional District Court, Namakkal.
For Appellants : Mr.A.Sathish Kumar
for Mr.C.Thangaraju
For R1 : No appearance
For R2 : Mr.G.Anandan
1/8
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C.M.A.No.3754 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 11.04.2016 made in
M.C.O.P.No.696 of 2014 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Namakkal.
3.The appellants are the claimants in M.C.O.P.No.696 of 2014 on the
file of the Motor Accident Claims Tribunal, Additional District Court,
Namakkal. They filed the above said claim petition, claiming a sum of
Rs.10,00,000/- as compensation for the death of their daughter viz.,
Gobishka, who died in the accident that took place on 26.03.2014.
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 bus belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.3,75,000/- as
compensation to the appellants at the first instance and recover the same from
the 1st respondent.
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C.M.A.No.3754 of 2019
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
Tribunal having held that loss of daughter cannot be compensated monetarily,
awarded only a sum of Rs.2,25,000/- towards loss of dependency, which is
meagre. The deceased was only 3 years at the time of accident. The Tribunal
ought to have fixed monthly income of the deceased at Rs.7,000/- and applied
multiplier '18' and granted compensation for loss of dependency. The
Tribunal failed to grant compensation for loss of estate, funeral expenses and
loss of love & affection separately. The compensation awarded by the
Tribunal for loss of non-pecuniary damages is arbitrary and erroneous and
prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the deceased was a minor, non-earning
member at the time of accident and the amount awarded by the Tribunal is
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C.M.A.No.3754 of 2019
just compensation. Hence, the appellants are not entitled for any enhancement
and prayed for confirming the award passed by the Tribunal and for dismissal
of the appeal.
8.Though notice has been served on the 1st respondent and its name is
printed in the cause list, there is no representation for them, 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 minor girl aged 3 years
and died due to the injuries sustained by her in the accident that occurred on
26.03.2014. The Tribunal considering the judgment of the High Court of
Delhi reported in 2012 (2) TNMAC 60 (Delhi), [Shashi Bhushan & Others
Vs. National Insurance Company Limited & Others], granted a sum of
Rs.2,25,000/- towards loss of dependency, Rs.75,000/- towards future
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C.M.A.No.3754 of 2019
prospects and Rs.75,000/- towards non-pecuniary damages. The amounts
arrived by the Tribunal for death of minor is meagre. The Hon'ble Apex
Court in the judgment reported in 2013 (2) TNMAC 358 (SC), [Kishan
Gopal & another Vs. Lala & others], considering the passage of time from
the date of incorporating II Schedule and rise in cost of living, fixed notional
income of the minor at Rs.30,000/- per annum. In the present case, the
accident is of the year 2014. Therefore, the annual income of the minor
deceased is fixed at Rs.30,000/-. The deceased was aged 3 years at the time of
accident and the correct multiplier applicable as per the II Schedule is '15'.
By applying multiplier '15' and fixing annual income at Rs.30,000/-, the
compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.4,50,000/- [Rs.30,000/- x 15]. As per the judgment of the
Hon'ble Apex Court reported in 2013 (2) TNMAC 358 (SC), cited supra, the
appellants are entitled to a sum of Rs.50,000/- towards conventional heads.
The amounts awarded by the Tribunal towards non-pecuniary damages and
future prospects are liable to be set aside and hence, they are hereby set aside.
Thus, the compensation awarded by the Tribunal is modified as follows:
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C.M.A.No.3754 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 2,25,000/- 4,50,000/- Enhanced
2. Non-pecuniary 75,000/- - Set aside
damages
3. Future prospects 75,000/- - Set aside
4. Conventional heads - 50,000/- Granted
Total Rs.3,75,000/- Rs.5,00,000/- Enhanced by
Rs.1,25,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.3,75,000/- is hereby
enhanced to Rs.5,00,000/- 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 to the credit of M.C.O.P.No.696 of 2014 on the file of
the Motor Accident Claims Tribunal, Additional District Court, Namakkal, at
the first instance and recover the same from the 1st respondent-owner of the
bus. 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
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C.M.A.No.3754 of 2019
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.1,25,000/- the amount now enhanced by
this Court, as per the order of this Court dated 19.09.2019 made in
C.M.P.No.19143 of 2019 in C.M.A.No.SR.99648 of 2019. The appellants are
directed to pay the necessary Court fee as per the order of this Court dated
26.08.2019 made in C.M.P.No.17027 of 2019 in C.M.A.No.SR.99648 of
2019. No costs.
22.01.2021
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Index : Yes / No
Internet : Yes / No
To
1.The Additional District Judge,
Motor Accident Claims Tribunal,
Namakkal.
2.The Section Officer,
VR Section,
High Court,
Madras.
V.M.VELUMANI, J.
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C.M.A.No.3754 of 2019
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C.M.A.No.3754 of 2019
22.01.2021
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