Madras High Court
M.Dhanam vs S.P.Jeyam on 27 January, 2021
C.M.A.No.3789 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3789 of 2019
1.M.Dhanam
2.M.Amutha
3.M.Chandrasekaran .. Appellants
Vs.
1.S.P.Jeyam
2.M/s.Reliance General Insurance Co. Ltd.
Sri Lakshmi complex, 1st floor
Bharathi street, Omalur main road
Swarnapuri, Salem-636 211. .. Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 18.01.2017 made in
M.C.O.P.No.934 of 2014 on the file of Motor Accident Claims Tribunal,
Principal District Court, Namakkal.
For Appellants : Mr.A.Sathish Kumar
for Mr.C.Thangaraju
For R1 : No appearance
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3789 of 2019
For R2 : Mrs.C.Bhuvanasundari
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 18.01.2017 made in
M.C.O.P.No.934 of 2014 on the file of Motor Accident Claims Tribunal,
Principal District Court, Namakkal.
2.The appellants are claimants in M.C.O.P.No.934 of 2014 on the file of
Motor Accident Claims Tribunal, Principal District Court, Namakkal. They
filed the said claim petition claiming a sum of Rs.15,00,000/- as compensation
for the death of one Murugesan, who died in the accident that took place on
11.08.2014.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the 1st respondent, the rider-cum-owner of the motorcycle and directed the 2nd
respondent/Insurance Company being insurer of the said motorcycle to pay a
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3789 of 2019
sum of Rs.8,44,276/- 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 at the
time of accident, the deceased was working as a tea master and was earning a
sum of Rs.10,500/- per month. The Tribunal without considering the same,
fixed only a meagre sum of Rs.6,000/- per month as notional income of the
deceased. The deceased was aged 48 years at the time of accident. The
Tribunal failed to award any enhancement towards future prospects. The
Tribunal ought to have awarded 25% enhancement towards future prospects.
The Tribunal has not awarded any compensation towards loss of consortium
and loss of love and affection. The amounts awarded by the Tribunal towards
transportation, loss of estate and funeral expenses 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
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3789 of 2019
any document to prove the age, avocation and income of the deceased. In the
absence of any material evidence to prove the income of the deceased, the
Tribunal fixed a sum of Rs.6,000/- 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. Though notice has been served on the 1st respondent and his name is
printed in the cause list, there is no representation for the 1st respondent either
in person or through counsel.
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. 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 working as a tea
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3789 of 2019
master and was earning a sum of Rs.10,500/- per month. The appellants have
failed to substantiate the said contention. In the absence of any material
evidence with regard to avocation and income of the deceased, the Tribunal
fixed a sum of Rs.6,000/- per month as notional income of the deceased, which
is meagre. The accident is of the year 2014 and hence, a sum of Rs.8,500/- per
month is fixed as notional income of the deceased. The Tribunal has not
granted any enhancement towards future prospects. The deceased was aged 48
years at the time of accident as per Ex.P10/post-mortem certificate. As per the
judgment of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609 (SC)
(National Insurance Company v. Pranay Sethi), the appellants are entitled to
25% enhancement towards future prospects. The Tribunal applied multiplier
'13' and deducted 1/3rd towards personal expenses, which are proper. Thus, the
compensation awarded by the Tribunal towards loss of dependency is modified
to Rs.11,05,000/- (Rs.8,500/- + 2125 [Rs.8,500/- X 25%] X 12 X 13 X 2/3).
The Tribunal has not awarded any compensation towards loss of consortium to
the 1st appellant. Hence, a sum of Rs.40,000/- is awarded towards loss of
consortium to the 1st appellant. The amounts awarded by the Tribunal towards
transportation, funeral expenses and loss of estate are meagre and hence, the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3789 of 2019
same are hereby enhanced to Rs.5,000/-, Rs.15,000/- and Rs.15,000/-
respectively. The Tribunal has awarded a sum of Rs.2,20,276/- towards
medical expenses as per Ex.P20 and hence the same is 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 6,24,000 11,05,000 Enhanced
dependency
2. Loss of estate 3,000 15,000 Enhanced
3. Funeral 5,000 15,000 Enhanced
expenses
4. Transportation 2,000 5,000 Enhanced
5. Medical bills 2,20,276 2,20,276 Confirmed
6. Loss of - 40,000 Granted
consortium to
the 1st appellant
Total 8,54,276 14,00,276 Enhanced by
Tribunal Rs.5,56,000/-
awarded
8,44,276
Though the Tribunal arrived at a sum of Rs.8,54,276/-, awarded only a sum of
Rs.8,44,276/- as compensation to the appellants.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3789 of 2019
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.8,44,276/- is hereby enhanced
to Rs.14,00,276/- 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.5,56,000/- enhanced by this Court as per the order of this Court
dated 19.09.2019 made in C.M.P.No.19065 of 2019 in C.M.A.SR.No.75509 of
2019. The 2nd respondent/Insurance Company is 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.
27.01.2021
Index : Yes / No
kj
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3789 of 2019
V.M.VELUMANI, J.,
kj
To
1.The Principal District Judge
Motor Accident Claims Tribunal
Namakkal.
2.The Section Officer
V.R.Section
High Court, Chennai.
C.M.A.No.3789 of 2019
27.01.2021
https://www.mhc.tn.gov.in/judis/
