Madras High Court
Saravanan vs Dhayalasundaram on 6 January, 2021
C.M.A.No.1970 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1970 of 2020
Saravanan .. Appellant
Vs.
1.Dhayalasundaram
2.The National Insurance Company Limited,
2nd Floor, 81-D, North Car Street,
Tiruchengode Town & Taluk,
Namakkal District – 637 211.
3.The National Insurance Company Limited,
Branch Office – 73, Perundurai Road,
Erode – 638 011. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated 16.03.2020
made in M.C.O.P.No.191 of 2018 on the file of the Motor Accidents Claims
Tribunal, Special District Court, Erode.
For Appellant : Mr.T.S.Arthanareeswaran
for Mr.C.Paraneedharan
For R2 : Mr.J.Chandran
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1970 of 2020
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 16.03.2020 made in
M.C.O.P.No.191 of 2018 on the file of the Motor Accidents Claims Tribunal,
Special District Court, Erode.
3.The appellant is the claimant in M.C.O.P.No.191 of 2018 on the file of
the Motor Accidents Claims Tribunal, Special District Court, Erode. He filed
the above said claim petition claiming a sum of Rs.10,00,000/- as
compensation for the death of his mother viz., Pappathi who died in the
accident that took place on 14.07.2017.
4.The Tribunal considering the pleadings, oral and documentary
evidence held that the accident occurred only due to rash and negligent riding
by the rider of the motorcycle belonging to the 1st respondent and directed the
2nd respondent-Insurance Company to pay a sum of Rs.5,00,600/- as
compensation to the appellant and dismissed the claim petition as against the
3rd respondent.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1970 of 2020
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal.
6.The learned counsel appearing for the appellant contended that at the
time of accident, the deceased was aged 55 years, working as Coolie at
M/s.Yogam Printers, Tiruchengode and was earning a sum of Rs.7,000/- per
month. To prove the avocation and income, the appellant examined one
Kunjammal as P.W.4. The Tribunal after considering the evidence of P.W.4,
fixed a meagre sum of Rs.6,000/- per month as notional income of the
deceased. The Tribunal ought to have fixed the monthly income at Rs.7,000/-
as claimed by the appellant. The compensation awarded by the Tribunal
towards funeral expenses, loss of estate, loss of love and affection and
transportation are meagre and prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the 2nd respondent
contended that the appellant failed to prove the avocation and income of the
deceased by producing valid documents. In the absence of any material
evidence with regard to avocation and income of the deceased, a sum of
Rs.6,000/- per month fixed by the Tribunal as notional income of the deceased
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1970 of 2020
is not meagre. The Tribunal considering the entire materials on record,
awarded a sum of Rs.5,00,600/- as compensation to the appellant which is
excessive and hence, the appellant is not entitled to any enhancement and
prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent and perused the entire
materials on recod.
9.From the materials available on record, it is seen that it is the
contention of the appellant that at the time of accident, the deceased was aged
55 years, working as Coolie at M/s.Yogam Printers, Tiruchengode and was
earning a sum of Rs.7,000/- per month. To prove the avocation and income,
the appellant examined one Kunjammal as P.W.4. The Tribunal considered the
evidence of P.W.4 and fixed a sum of Rs.6,000/- per month as notional income
of the deceased. The accident occurred in the year 2017 and the notional
income fixed by the Tribunal is meagre. Therefore, a sum of Rs.7,000/- per
month as claimed by the appellant is fixed as notional income of the deceased.
As per the judgments of the Hon'ble Apex Court reported in 2017 (2) TNMAC
609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1970 of 2020
others] and 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others
Vs. Delhi Transport Corporation & another], 10% enhancement granted
towards future prospects of the deceased and multiplier '11' adopted by the
Tribunal are proper. The appellant is the only legal heir of the deceased and
the Tribunal has rightly deducted ½ towards personal expenses of the
deceased. Thus, the amount awarded by the Tribunal towards loss of
dependency is modified to Rs.5,08,200/- {Rs.7,700/- [(Rs.7,000/- + Rs.700/-
(10% of Rs.7,000/-)] x 12 x 11 x ½}. The amount awarded by the Tribunal
towards loss of love and affection is meagre and hence, the same is enhanced
to Rs.40,000/-. The amounts awarded by the Tribunal under other heads are
just and reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of dependency 4,35,600/- 5,08,200/- Enhanced
2. Transportation 10,000/- 10,000/- Confirmed
3. Loss of love and affection 25,000/- 40,000/- Enhanced
4. Funeral expenses 15,000/- 15,000/- Confirmed
5. Loss of estate 15,000/- 15,000/- Confirmed
Total Rs.5,00,600/- Rs.5,88,200/- Enhanced by
Rs.87,600/-
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1970 of 2020
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.5,00,600/- is hereby
enhanced to Rs.5,88,200/- together with interest at the rate of 7.5% per annum
from the date of petition till the date of deposit. The 2 nd respondent is directed
to deposit the award amount now determined by this Court, along with interest
and costs, less the amount if any already deposited, 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.191 of 2018 on the file of the Motor Accidents Claims Tribunal,
Special District Court, Erode. On such deposit, the appellant is permitted to
withdraw the award amount now determined by this Court along with interest
and costs, less the amount if any already withdrawn by making necessary
applications before the Tribunal. This appeal is dismissed as against the 3rd
respondent. No costs.
06.01.2021
krk
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1970 of 2020
To
1.The Special District Judge,
Motor Accidents Claims Tribunal,
Erode.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1970 of 2020
V.M.VELUMANI, J.
krk
C.M.A.No.1970 of 2020
06.01.2021
https://www.mhc.tn.gov.in/judis/
