Madras High Court
Muthammal vs M.Sekar on 27 January, 2021
C.M.A.No.3667 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.3667 of 2019
1.Muthammal
2.Manjula
3.Mohan .. Appellants
1.M.Sekar
2.The Managing Director
State Express Transport
Corporation Limited
Chennai. .. Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 28.08.2012 made
in M.C.O.P.No.313 of 2011 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
For R2 : Mr.K.Kathiresan
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C.M.A.No.3667 of 2019
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 28.08.2012 made in
M.C.O.P.No.313 of 2011 on the file of Motor Accident Claims Tribunal,
Principal District Court, Namakkal.
2.The appellants are claimants in M.C.O.P.No.313 of 2011 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 Selvam @ Muthuselvam, who died in the
accident that took place on 14.08.2010.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the 1st respondent, the driver of the bus belonging to the 2nd respondent and
directed the 2nd respondent/Transport Corporation to pay a sum of
Rs.4,30,000/- as compensation to the appellants.
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C.M.A.No.3667 of 2019
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 heavy vehicle driver and
was earning a sum of Rs.15,000/- per month. The appellants have marked
driving license of the deceased as Ex.P4 to prove the avocation. The Tribunal
without considering the same, erred in fixing a meagre sum of Rs.5,000/- per
month as notional income of the deceased. The deceased was aged 25 years at
the time of accident. The Tribunal ought to have granted 40% enhancement
towards future prospects. The Tribunal erred in applying multiplier '13'
taking into consideration the age of the mother of the deceased instead of '18'.
The Tribunal has not awarded any compensation towards loss of estate. The
amounts awarded by the Tribunal towards loss of love and affection and
funeral expenses are meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Transport Corporation contended that the appellants failed to
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C.M.A.No.3667 of 2019
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.5,000/- 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 the 1st respondent entered appearance through the counsel,
when the matter is taken up for hearing, there is no representation for him.
8.Heard the learned counsel appearing for the appellants as well as the
2nd respondent/Transport Corporation 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 the deceased was working as a Heavy vehicle driver and was
earning a sum of Rs.15,000/- per month. The appellants have marked driving
license of the deceased as Ex.P4 to prove the avocation. The appellants failed
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C.M.A.No.3667 of 2019
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.5,000/- per month as notional income of the deceased,
which is meagre. The accident is of the year 2010 and hence, a sum of
Rs.7,500/- per month is fixed as notional income of the deceased. The
deceased was aged 25 years at the time of accident. The Tribunal has not
granted any enhancement towards future prospects. The Tribunal applied
multiplier '13' taking into consideration the age of the mother of the deceased,
which is not proper. As per the judgment of the Hon'ble Apex Court reported
in 2017(2)TNMAC 609 (SC) (National Insurance Company v. Pranay
Sethi), age of the deceased is basis for applying multiplier and the appellants
are entitled to 40% enhancement towards future prospects. The correct
multiplier applicable for the age group of 25 years is '18'. The deceased was
a bachelor at the time of accident and the Tribunal rightly deducted 50%
towards personal expenses. Thus, the compensation awarded by the Tribunal
towards loss of dependency is modified to Rs.11,34,000/- (Rs.7,500/- + 3000
[Rs.7,500/- X 40%] X 12 X 18 X 1/2). A sum of Rs.30,000/- and Rs.10,000/-
awarded by the Tribunal towards loss of love and affection and funeral
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C.M.A.No.3667 of 2019
expenses are meagre and hence, Rs.40,000/- and Rs.15,000/- are awarded
towards loss of love and affection and funeral expenses respectively. The
Tribunal has not awarded any compensation towards loss of estate and hence,
a sum of Rs.15,000/- is awarded towards loss of estate. 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 3,90,000 11,34,000 Enhanced
dependency
2. Loss of love 30,000 40,000 Enhanced
and affection to
the appellants
3. Funeral 10,000 15,000 Enhanced
expenses
4. Loss of estate - 15,000 Granted
Total 4,30,000 12,04,000 Enhanced by
Rs.7,74,000/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.4,30,000/- is hereby
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C.M.A.No.3667 of 2019
enhanced to Rs.12,04,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. It is made clear that
the appellants are not entitled for any interest for the delay period on the
amount of Rs.7,74,000/- enhanced by this Court as per the order of this Court
dated 17.09.2019 made in C.M.P.No.16093 of 2019 in C.M.A.SR.No.82713
of 2019. The 2nd respondent/Transport Corporation 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 twelve 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
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C.M.A.No.3667 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.3667 of 2019
27.01.2021
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