Madras High Court
Anjala vs S.Maheswaran on 7 January, 2021
CMA No.2723 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA No.2723 of 2021
1. Anjala
2. K.Kanimozhi
3. K.Thenmozhi (Minor) ... Appellants/Petitioners
Vs
1. S.Maheswaran
2. The New India Assurance Company Limited.,
Motor Third Party Cell
Bombay Mutual Building,
6th Floor, No.232, N.S.C. Bose Road
Chennai – 600 001.
... Respondents/Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the M.V.
Act, 1988 against the decree and Judgment dated 17.12.2020 made in
M.C.O.P.No. 186 of 2018 on the file of Motor Accident Claims Tribunal (II
Small Causes Court), Chennai.
***
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https://www.mhc.tn.gov.in/judis
CMA No.2723 of 2021
For Appellants : Mr. K.Varadhakamaraj
For 1st Respondent : No appearance
For 2nd Respondent : Mrs.S.R.Sumathy
JUDGMENT
The claimants, who are the wife and children of one Karunanithi,
who died in a road accident that occurred on 01.12.2017 are on appeal,
seeking enhancement of the compensation awarded by the Tribunal at
Rs.15,75,000/-.
2. The factum of the accident, the death of Karunanithi and the
fact that the accident occurred due to the negligence of the driver of the
Eicher Van bearing Registration No. TN -37-BH-0199 insured with the
second respondent /Insurance Company are not in dispute.
3. The Tribunal took the monthly income of the deceased at
Rs.10,000/- and fixed the total loss of dependency at Rs.14,00,000/-.
Conventional damages for loss of consortium, love and affection, loss of
estate, Transport charges and funeral expenses were awarded at Rs.40,000/-;
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CMA No.2723 of 2021
Rs.1,00,000/-, Rs.15,000/-, Rs.5,000/- and Rs.15,000/- respectively. The
total non conventional damages awarded is Rs.1,75,000/-. While accepting
the quantum of compensation awarded under the other heads,
Mr.K.Varadhakamaraj, learned counsel appearing for the appellants would
contend that the compensation awarded for loss of dependency is too low
and the same is consequence of fixation of the notional monthly income at
Rs.10,000/- by the Tribunal.
4. Contending contra, Mrs. S.R.Sumathy, learned counsel for the
Insurance Company would submit that in the absence of any evidence
regarding income and the deceased being a building supervisor, the
employment being seasonal, the Tribunal was right in fixing the monthly
income at Rs.10,000/-.
5. The deceased was aged about 45 years at the time of the
accident. It is claimed that he was working as a building supervisor. Of-
course there is no evidence in support of such plea. Even assuming that the
deceased was daily wage earner, considering the wages paid by the State
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CMA No.2723 of 2021
PWD to Non Mustor Roll employees, which was fixed at Rs.600/- even in
the year 2017, I am of the opinion that the monthly income can safely be
taken at Rs.14,000/-. Since the deceased was aged about 45 years, the
future prospects to be adopted is 25%. Therefore, the total monthly income
including future prospects would be Rs.17,500/-. Deducting 1/3rd towards
personal expenses and applying multiplier of '14', the total loss of
dependency would be Rs.19,55,888/- which could be rounded to
Rs.19,60,000/-. The compensation awarded under the other heads is
confirmed. Therefore, the total compensation payable by the Insurance
Company will be Rs.21,35,000/-.
6. In fine, this Civil Miscellaneous Appeal is partly allowed. No
costs. The total compensation is enhanced to Rs.21,35,000/-. The Insurance
Company shall pay interest at 7.5% from the date of the petition till date of
deposit on the enhanced compensation to the credit of M.C.O.P.No. 186 of
2018.
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CMA No.2723 of 2021
7. The Tribunal apportioned the compensation at Rs.5/- lakhs
each to the daughter and Rs.5,75,000/- to the widow. The enhanced
compensation is directed to be paid as follows. The first claimant/wife shall
be entitled to a sum of Rs.2,60,000/- lakhs along with interest at 7.5% from
the date of petition till date of deposit. The claimants 2 and 3 each will be
entitled to Rs.1,50,000/- with interest at 7.5% from the date of petition till
date of deposit.
8. The insurance Company shall deposit the enhanced
compensation with appropriate interest within a period of six weeks from
today. On such deposit, the claimants 1 & 2 / Appellants 1 & 2 would be
entitled to withdraw their share of the enhanced compensation.. The share of
the minor 3rd claimant shall be kept in a interest bearing cumulative fixed
deposit in a Nationalised Bank till she attains majority.
07.01.2022
Index:Yes / No
Speaking / Non-Speaking order
vsg
https://www.mhc.tn.gov.in/judis
CMA No.2723 of 2021
R.SUBRAMANIAN, J.
vsg
To
1. II Small Causes Court,
The Motor Accident Claims Tribunal,
Chennai.
2.The Section Officer,
VR Section,
Madras High Court, Chennai.
CMA No.2723 of 2021
07.01.2022
https://www.mhc.tn.gov.in/judis
