Madras High Court
Hemalatha vs N.Gopi on 7 January, 2021
CMA No.2634 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA No.2634 of 2021
1. Hemalatha
2. R.Baskaran
3. Minor B.Sushmitha ... Appellants/Petitioners
Vs
1. N.Gopi
2. The Manager
Reliance General Insurance Company Limited.,
Office at Lakshmi Complex
1st Floor, Bharathi Street,
Omalur Main Road, Swarnapuri
Salem – 636 004. ... Respondents/Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the M.V.
Act, against the Judgment and Decree dated 14.02.2020 in M.C.O.P.No. 324
of 2018 on the file of the Motor Accidents Claims Tribunal (Special District
Judge), Salem.
***
For Appellants : Mr. R.Nalliyappan
For 1st Respondent : Mr. N.Dilli Babu
1/7
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CMA No.2634 of 2021
For 2nd Respondent : Mrs. C.Bhuvanasundari
JUDGMENT
The Claimants, who are the parents and sister of the deceased
B.Prabaharan, who died in a road accident that occurred on 30.12.2017, are
on appeal terming award of Rs.11,86,680/- as meagre.
2. The appellants would seek enhancement. The deceased was 21
years old and he was pursuing B.Sc. Visual Communication at the time of
the accident. It is also claimed that he was a very bright student with several
extra curricular activities including athletics.
3. The factum of the accident, the death and the negligence on the
part of the offending vehicle, namely, the Eicher Van are not in dispute since
the Insurance Company has accepted the award. On the quantum, the
Tribunal adopted the notional income of Rs.9,000/- per month, added 40%
towards future prospectus and deducted ½ of the amount towards personal
expenses, since the deceased was a bachelor, and arrived at the total loss of
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CMA No.2634 of 2021
dependency adopting multiplier of '18' at Rs.13,60,800/-. The Tribunal
deducted 15% towards contributory negligence as the deceased was not
wearing helmet. Thus the Tribunal fixed the total loss of dependency at
Rs.11,56,680/-. It also awarded Rs.15,000/- towards Loss of estate and
Rs.15,000/- towards funeral expenses. Thus the total compensation was
fixed at Rs.11,86,680/-.
4. Mr. R.Nalliyappan, learned counsel appearing for the
appellants would vehemently contend that the fixation of Rs.9,000/- per
month as income is too low. According to him, considering the fact that the
deceased was pursuing graduation in Visual communication, the Tribunal
should have taken the income at least at Rs.20,000/- per month as Visual
Communication graduates are in great demand today because of the
technological development.
5. Contending contra, Mrs. C.Bhuvanasundari, learned counsel
appearing for the Insurance Company would submit that the certificates
obtained by the deceased when he was in School and as such they cannot
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CMA No.2634 of 2021
have any bearing on his earning capacity. She would also add that the
deceased was only a student and therefore, the Court was right in fixing the
monthly income of Rs.9,000/-.
6. I see considerable force in the submissions of the learned
counsel for the appellants. The fixation of Rs.9,000/- as notional income for
a undergraduate student during the year 2017, in my opinion, is far too less.
As rightly pointed out by the learned counsel for the appellants, there is a
huge demand for Visual communication graduates today because of the
development of social media and other channels of communication. I am
therefore of the opinion that the monthly notional income could be fixed at
Rs.15,000/-. Adding 40% to it towards future prospectus, the total monthly
income would be Rs.21,000/-. The annual income would be Rs.2,52,000/-
since the deceased was a bachelor if we deduct 50% towards personal
expenses, the annual loss of dependency would be Rs.1,26,000/-. Since the
deceased was only 21 years old, '18' should be adopted as multiplier and
thus calculated the total loss of dependency would be Rs.22,68,000/-. If we
are to deduct 15% towards contributory negligence, then the total loss of
dependency would come to Rs.19,27,800/-.
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CMA No.2634 of 2021
7. As rightly pointed out by the learned counsel for the appellants,
no amount has been awarded for love and affection and consortium.
Considering the age of the parents and age of the deceased, I am of the
opinion that a sum of Rs.80,000/- can be awarded towards loss of love and
affection at Rs.40,000/- each. The award of Rs.15,000/- each towards loss of
estate and funeral expenses is confirmed. Thus calculated the total
compensation comes to Rs.20,37,800/-
8. In fine, the Appeal is partly allowed. No costs. The award is
modified. The compensation award is enhanced to Rs.20,37,800/-. The
Tribunal has apportioned the compensation awarded at Rs.6,86,680/- to the
mother and Rs.2,50,000/- each to the father and sister.
9. I do not think that the sister should be paid any thing more
what has been awarded by the Tribunal. Therefore, the enhanced
compensation of RS.8,51,120/-along with accrued interest is directed to be
shared between the claimants 1 and 2 equally. The Insurance Company is
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CMA No.2634 of 2021
directed to deposit the enhanced compensation along with appropriate
interest as awarded by the Tribunal within a period of six weeks from today.
On such deposit, the appellants 1 and 2, namely, mother and father of the
deceased are permitted to withdraw the entire amount deposited. The
parties shall bear their costs in this appeal.
07.01.2022
Index:Yes / No
Speaking / Non-Speaking order
vsg
To
1. Special District Court,
The Motor Accident Claims Tribunal,
Salem.
2.The Section Officer,
VR Section,
Madras High Court, Chennai.
R.SUBRAMANIAN, J.
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CMA No.2634 of 2021
vsg
CMA No.2634 of 2021
07.01.2022
https://www.mhc.tn.gov.in/judis
