Madras High Court
Santhi Sagayameri vs Murugan on 25 January, 2021
C.M.A.No.2005 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.2005 of 2020
1.Santhi Sagayameri
2.Benignus
3.Boopal
4.Pasteena .. Appellants
Vs.
1.Murugan
2.The United India Insurance Company Ltd.
TP HUB, Peramanur main road
Puduchampalli, Ramnagar post
Mettur Dam, Salem-7. .. Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 07.03.2019 made
in M.C.O.P.No.1593 of 2018 on the file of Motor Accident Claims Tribunal,
II Additional District Court, Salem.
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2005 of 2020
For Appellants : Mr.S.P.Yuaraj
For R2 : Mr.A.Dhiraviyanathan
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 07.03.2019 made in
M.C.O.P.No.1593 of 2018 on the file of Motor Accident Claims Tribunal, II
Additional District Court, Salem.
2.The appellants are claimants in M.C.O.P.No.1593 of 2018 on the file
of Motor Accident Claims Tribunal, II Additional District Court, Salem.
They filed the said claim petition claiming a sum of Rs.25,00,000/- as
compensation for the death of one Sagayaraj, who died in the accident that
took place on 05.07.2018.
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C.M.A.No.2005 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 tanker lorry belonging to the 1st respondent and directed both
the 1st respondent as well as the 2nd respondent/Insurance Company being
insurer of the said lorry to jointly and severally pay a sum of Rs.13,76,800/-
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 the
deceased was working as a lorry driver and was earning a sum of Rs.20,000/-
per month. The appellants have marked driving license of the deceased as
Ex.P17 to prove the avocation. The Tribunal failed to consider the Division
Bench judgment of this Court reported in 2019 (1) TNMAC 257 (Jebastin
Punitha and three others vs. S.Selvaraj and another), wherein this Court
has fixed a sum of Rs.15,000/- as monthly income for a heavy vehicle driver
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C.M.A.No.2005 of 2020
for the accident occurred in the year 2014 and erred in fixing only a meagre
sum of Rs.12,000/- per month as notional income of the deceased. The
amounts awarded by the Tribunal under different heads are meagre and
prayed for enhancement of compensation.
6. Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellants failed to
produce any document to prove the income of the deceased. In the absence of
any material to prove the income of the deceased, the Tribunal fixed a sum of
Rs.12,000/- per month as notional income of the deceased, which is not
meagre. 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.
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.
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C.M.A.No.2005 of 2020
8.It is the contention of the appellants that the deceased was working as
a lorry driver and was earning a sum of Rs.20,000/- per month. The
appellants have marked driving license of the deceased as Ex.P17 to prove
the avocation. The appellants failed to produce any document to prove the
income of the deceased. In the absence of any material evidence with regard
to income of the deceased, the Tribunal fixed a sum of Rs.12,000/- per month
as notional income of the deceased, which is meagre. The accident is of the
year 2018 and hence, a sum of Rs.15,000/- per month is fixed as notional
income of the deceased. The Tribunal granted 10% enhancement towards
future prospects, applied multiplier '11' and deducted 1/4th towards personal
expenses, 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/- X 10%] X 12 X 11 X 3/4). The Tribunal has not awarded
any compensation towards loss of love and affection to the appellants 2 to 4
and hence, a sum of Rs.30,000/- each is awarded towards loss of love and
affection to the appellants 2 to 4. The amounts awarded by the Tribunal
under all other heads are just and reasonable and hence, the same are hereby
confirmed.
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C.M.A.No.2005 of 2020
9.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimants have 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:
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 13,06,800 16,33,500 Enhanced
dependency
2. Loss of 40,000 40,000 Confirmed
consortium to
the 1st appellant
3. Loss of love - 90,000 Granted
and affection to
the appellants 2
to 4
4. Funeral 15,000 15,000 Confirmed
expenses
5. Loss of estate 15,000 15,000 Confirmed
Total 13,76,800 17,93,500 Enhanced by
Rs.4,16,700/-
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.13,76,800/- is hereby enhanced
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C.M.A.No.2005 of 2020
to Rs.17,93,500/- 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
necessary Court fee, if any, on the enhanced compensation. It is made clear
that the appellants are not entitled for any interest for the delay period on the
amount of Rs.4,16,700/- enhanced by this Court as per the order of this Court
dated 21.12.2020 made in C.M.P.No.12788 of 2020 in C.M.A.SR.No.79025
of 2020. Both the respondents are jointly and severally directed to deposit the
enhanced 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
kj
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2005 of 2020
V.M.VELUMANI, J.,
kj
To
1.II Additional District Judge
Motor Accident Claims Tribunal
Salem.
2.The Section Officer
V.R.Section
High Court, Chennai.
C.M.A.No.2005 of 2020
25.01.2021
https://www.mhc.tn.gov.in/judis/
