Madras High Court
Adilakshmi vs M/S.S.R.M.Transport India (P) ... on 25 January, 2021
C.M.A.No.65 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.65 of 2021
1.Adilakshmi
2.Nathiya
3.Ragu
4.S.Bharathi .. Appellants
Vs.
1.M/s.S.R.M.Transport India (P) Ltd.
S.R.M.Nagar, Kattankullathur
Chengalpattu Taluk
Kanchipuram District
Pin code-603 203.
2.The New India Assurance Co. Ltd.
Motor Third Party Claim Cell
No.232, 6th floor
Bombay Mutual building
N.S.C. Bose Road, Parrys
Chennai-600 001. .. Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 13.08.2019 made
in M.C.O.P.No.3360 of 2017 on the file of Motor Accident Claims Tribunal,
IV Small Causes Court, Chennai.
1/8
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C.M.A.No.65 of 2021
For Appellants : Mr.K.Varadha Kamaraj
For R2 : Mr.J.Chandran
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 13.08.2019 made in
M.C.O.P.No.3360 of 2017 on the file of Motor Accident Claims Tribunal, IV
Small Causes Court, Chennai.
2.By consent of both the learned counsel appearing for the appellant
and the 2nd respondent/Insurance Company, the appeal is taken up for final
disposal at the stage of admission itself.
3.The appellants are claimants in M.C.O.P.No.3360 of 2017 on the file
of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai. They
filed the said claim petition claiming a sum of Rs.40,00,000/- as compensation
for the death of one K.Selvaraj, who died in the accident that took place on
11.03.2017.
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C.M.A.No.65 of 2021
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 lorry belonging to the 1 st respondent and directed the 2nd
respondent/Insurance Company being insurer of the said lorry to pay a sum of
Rs.11,98,000/- as compensation to the appellants.
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 at
the time of accident, the deceased was working as a stone cutter in Sri
Ayyanarappan building and plumbing contracting and was earning a sum of
Rs.22,500/- per month. The appellants have examined the employer of the
deceased as P.W.3 and marked the salary certificate of the deceased as Ex.P17
to prove the avocation and income of the deceased. The Tribunal without
considering the same, fixed only a meagre sum of Rs.10,000/- per month as
notional income of the deceased. There are four dependants of the deceased.
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C.M.A.No.65 of 2021
The Tribunal ought to have deducted 1/4th instead of 1/3rd towards personal
expenses. The amounts awarded by the Tribunal under different heads are
meagre and prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the Tribunal awarded a sum
of Rs.1,50,000/- towards loss of love and affection, which is excessive. The
total compensation awarded by the Tribunal under different heads are not
meagre. The appellants have not made out any case for enhancement of
compensation and prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellants as well as the
2nd respondent/Insurance Company and perused the entire materials available
on record.
9.It is the contention of the appellants that at the time of accident, the
deceased was working as a stone cutter in Sri Ayyanarappan building and
plumbing contracting and was earning a sum of Rs.22,500/- per month. The
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C.M.A.No.65 of 2021
appellants have examined the employer of the deceased as P.W.3 and marked
the salary certificate of the deceased as Ex.P17 to prove the avocation and
income of the deceased. The Tribunal considering the evidence of P.W.3 and
Ex.P17, held that that the business activities of the company in which the
deceased was working, was commenced only on 01.04.2016, but in
Ex.P17/salary certificate, it was mentioned that the deceased was working for
the past three years and rejected Ex.P17 and fixed a sum of Rs.10,000/- per
month as notional income of the deceased. The accident is of the year 2017
and the notional income fixed by the Tribunal is meagre. Hence, a sum of
Rs.15,000/- per month is fixed as notional income of the deceased. There are
four dependants of the deceased. The Tribunal erred in deducting 1/4th instead
of 1/3rd towards personal expenses. The Tribunal granted 10% enhancement
towards future prospects and applied multiplier '11', which are proper. Thus,
the compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.16,33,500/- (Rs.15,000/- + 1500 [Rs.15,000/- + 10%] X 12 X
11 X 3/4). A sum of Rs.1,50,000/- awarded by the Tribunal towards loss of
love and affection is excessive and hence, the same is hereby reduced to
Rs.90,000/-. The amounts awarded by the Tribunal under all other heads are
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C.M.A.No.65 of 2021
just and reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
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 9,68,000 16,33,500 Enhanced
dependency
2. Loss of estate 15,000 15,000 Confirmed
3. Loss of 40,000 40,000 Confirmed
consortium
4. Funeral 15,000 15,000 Confirmed
expenses
5. Loss of love 1,50,000 90,000 Reduced
and affection to
the appellants 2
to 4
6. Transportation 10,000 10,000 Confirmed
Total 11,98,000 18,03,500 Enhanced by
Rs.6,05,500/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.11,98,000/- is hereby
enhanced to Rs.18,03,500/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd
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C.M.A.No.65 of 2021
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 are permitted to
withdraw their respective share of the award amount now determined by this
Court as per the apportionment fixed by the Tribunal along with proportionate
interest and costs, less the amount if any, already withdrawn. No costs.
25.01.2021
Index : Yes / No
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To
1.IV Judge
(Motor Accident Claims Tribunal
Small Causes Court, Chennai.
2.The Section Officer
V.R.Section
High Court, Chennai.
V.M.VELUMANI, J.,
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C.M.A.No.65 of 2021
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C.M.A.No.65 of 2021
25.01.2021
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