Madras High Court
Ranchani vs T.K.Gulzar on 7 January, 2021
C.M.A.No.3173 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3173 of 2019
1.Ranchani
2.Thiruvarutselvan .. Appellants
Vs.
1.T.K.Gulzar
2.The Divisional Manager,
The United India Insurance Company Limited,
3rd Party Claims HUB, 2nd Floor,
No.81, Katpadi Road,
Vellore – 4. .. Respondents
(No relief sought against 1st respondent.
Hence, notice to R1 dispensed with)
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
25.01.2019 made in M.C.O.P.No.473 of 2017 on the file of the Motor
Accident Claims Tribunal, I Additional District & Sessions Court, Vellore.
For Appellants : Mr.M.Sivakumar
for Mr.C.Prabakaran
For R2 : Mr.J.Chandran
1/8
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C.M.A.No.3173 of 2019
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 25.01.2019 made in
M.C.O.P.No.473 of 2017 on the file of the Motor Accident Claims Tribunal, I
Additional District & Sessions Court, Vellore.
3.The appellants are the claimants in M.C.O.P.No.473 of 2017 on the
file of the Motor Accident Claims Tribunal, I Additional District & Sessions
Court, Vellore. They filed the above said claim petition, claiming a sum of
Rs.40,00,000/- as compensation for the death of their son viz., Sindhujan,
who died in the accident that took place on 04.03.2017.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the van belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.11,30,281/- as
compensation to the appellants at the first instance and recover the same from
the 1st respondent.
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C.M.A.No.3173 of 2019
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellants contended that at
the time of accident, the deceased was aged 20 years, a Hotel Management
Holder and working in Private Concern and was earning a sum of Rs.18,000/-
per month and also trying to go to abroad. But the Tribunal fixed a meagre
sum of Rs.6,000/- per month as notional income of the deceased. The
Tribunal ought to have fixed monthly income of the deceased at Rs.18,000/-
as claimed by the appellants. The amount awarded by the Tribunal towards
loss of love and affection and funeral expenses are meagre. The Tribunal
failed to award any amount towards loss of estate and prayed for
enhancement of compensation.
7.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the appellants have 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
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C.M.A.No.3173 of 2019
deceased, a sum of Rs.6,000/- per month fixed by the Tribunal as notional
income of the deceased is not meagre. The Tribunal has awarded a sum of
Rs.1,78,081/- towards medical expenses for which the appellants are not
entitled to. The amounts awarded by the Tribunal under different heads are
not meagre. The Tribunal considering the entire materials on record, awarded
a sum of Rs.11,30,281/- as compensation to the appellants which is
excessive. The appellants have not made out any case for enhancement of
compensation and prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on recod.
9.From the materials available on record, it is seen that it is the
contention of the appellants that at the time of accident, the deceased was
aged 20 years, a Hotel Management Holder and working in Private Concern
and was earning a sum of Rs.18,000/- per month and also trying to go to
abroad. The appellants failed to prove the avocation and income of the
deceased. In the absence of any material evidence with regard to avocation
and income of the deceased, the Tribunal has fixed a sum of Rs.6,000/- per
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C.M.A.No.3173 of 2019
month as notional income of the deceased. The accident occurred in the year
2017 and the monthly income fixed by the Tribunal is meagre. Considering
the year of accident, age and nature of work done by the deceased, a sum of
Rs.12,000/- per month is fixed as notional income of the deceased. Following
the judgments of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609
(SC), [National Insurance Company Limited Vs. Pranay Sethi and others]
and 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs.
Delhi Transport Corporation & another], the Tribunal granted 40%
enhancement towards future prospects of the deceased and applied multiplier
'18' and the same are proper. The deceased was a bachelor at the time of
accident and the Tribunal has rightly deducted 50% towards personal
expenses of the deceased. Thus, the amount awarded by the Tribunal towards
loss of dependency is modified to Rs.18,14,400/- {Rs.16,800/- [(Rs.12,000/-
+ Rs.4,800/- (40% of Rs.12,000/-)] x 12 x 18 x ½}. The amount awarded by
the Tribunal towards loss of love and affection and funeral expenses are
meagre. The appellants are entitled to a sum of Rs.40,000/- each towards loss
of love and affection and Rs.15,000/- towards funeral expenses. The Tribunal
has not awarded any amount towards loss of estate. The appellants are
entitled to a sum of Rs.15,000/- towards loss of estate. The amounts awarded
by the Tribunal towards medical expenses and transportation are just and
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C.M.A.No.3173 of 2019
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 9,07,200/- 18,14,400/- Enhanced
2. Loss of love and affection 30,000/- 80,000/- Enhanced
3. Funeral expenses 10,000/- 15,000/- Enhanced
4. Medical expenses 1,78,081/- 1,78,081/- Confirmed
5. Transportation 5,000/- 5,000/- Confirmed
6. Loss of estate - 15,000/- Granted
Total Rs.11,30,281/- Rs.21,07,481/- Enhanced by
Rs.9,77,200/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.11,30,281/- is hereby
enhanced to Rs.21,07,481/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent-
Insurance Company 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 six weeks from the date of receipt of a
copy of this judgment to the credit of M.C.O.P.No.473 of 2017 on the file of
the Motor Accident Claims Tribunal, I Additional District & Sessions Court,
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C.M.A.No.3173 of 2019
Vellore, at the first instance and recover the same from the 1 st respondent. On
such deposit, the appellants are permitted to withdraw their respective share
of the award amount now determined by this Court, as per the ratio of
apportionment fixed by the Tribunal, along with proportionate interest and
costs, less the amount if any, already withdrawn by making necessary
applications before the Tribunal. No costs.
07.01.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The I Additional District & Sessions Judge,
Motor Accident Claims Tribunal,
Vellore.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.3173 of 2019
V.M.VELUMANI, J.
krk
C.M.A.No.3173 of 2019
07.01.2021
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