Madras High Court
Chandran vs A.Baskar on 7 January, 2021
C.M.A.No.3186 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.3186 of 2019
1.Chandran
2.Santhiya
3.Minor. Karthick .. Appellants
(Minor 3rd appellant represented by his
father Chandran, 1st appellant herein)
Vs.
1.A.Baskar
2.United India Insurance Company Limited,
Represented by its Manager, Division Officer,
1171, Muthaiah Complex,
Erode. .. Respondents
(Notice to R1 dispensed with for the time
being and separate petition is filed)
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
30.04.2019 made in M.C.O.P.No.805 of 2015 on the file of the Motor
Accident Claims Tribunal, IV Additional District Court, Bhavani, Erode
District.
1/8
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C.M.A.No.3186 of 2019
For Appellants : Ms.T.Gayathri
for Mr.C.Kulanthaivel
For R2 : Ms.I.Malar
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 30.04.2019 made in
M.C.O.P.No.805 of 2015 on the file of the Motor Accident Claims Tribunal,
IV Additional District Court, Bhavani, Erode District.
3.The appellants are the claimants in M.C.O.P.No.805 of 2015 on the
file of the Motor Accident Claims Tribunal, IV Additional District Court,
Bhavani, Erode District. They filed the above said claim petition, claiming a
sum of Rs.15,00,000/- as compensation for the death of one Vijayalakshmi,
who died in the accident that took place on 11.09.2015.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
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C.M.A.No.3186 of 2019
the rider of the motorcycle belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.11,68,000/- as
compensation to the appellants at the first instance and recover the same from
the 1st respondent.
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 a Tailor, aged 38 years and was
earning a sum of Rs.10,000/- per month. To prove the avocation and income,
the appellants examined the Member of the Tamil Nadu Sewing Labour
Welfare Board as P.W.3 and marked Exs.X1 & X2. The Tribunal after
considering the evidence of P.W.3 and Exs.X1 & X2, fixed a meagre sum of
Rs.8,000/- per month as notional income of the deceased. There are three
dependants of the deceased and the Tribunal erroneously deducted 50%
towards personal expenses of the deceased instead of deducting 1/3rd. The
amounts awarded by the Tribunal under different heads are meagre and
prayed for enhancement of compensation.
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C.M.A.No.3186 of 2019
7.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal after considering the
evidence of P.W.3 and Exs.X1 & X2, has rightly fixed a sum of Rs.8,000/- as
monthly income of the deceased. The appellants 2 and 3 are the dependants of
the deceased and the 1st appellant is not depending on the income of the
deceased. Hence, deduction of 50% made by the Tribunal is proper and 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.11,68,000/- as compensation to the appellants which is not meagre. 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 a
Tailor, aged 38 years and was earning a sum of Rs.10,000/- per month. To
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C.M.A.No.3186 of 2019
prove the avocation and income, the appellants examined one Gomathi, who
is the Member of the Tamil Nadu Sewing Labour Welfare Board as P.W.3
and marked two documents as Exs.X1 & X2. The Tribunal considering the
evidence of P.W.3 and Exs.X1 & X2, fixed a sum of Rs.8,000/- as monthly
income of the deceased. The accident occurred in the year 2015 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.9,000/-
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 has granted 40%
enhancement towards future prospects of the deceased and applied multiplier
'15' and the same are proper. There are three dependants of the deceased and
the Tribunal erroneously deducted 50% towards personal expenses of the
deceased instead of deducting 1/3rd. Thus, the amount awarded by the
Tribunal towards loss of dependency is modified to Rs.15,12,000/-
{Rs.12,600/- [(Rs.9,000/- + Rs.3,600/- (40% of Rs.9,000/-)] x 12 x 15 x 2/3}.
The amounts awarded by the Tribunal under other heads are just and
reasonable and hence, the same are hereby confirmed.
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C.M.A.No.3186 of 2019
10.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimant has claimed lesser compensation, the
Courts have power to grant just compensation more than the amount claimed
by the claimants. 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 10,08,000/- 15,12,000/- Enhanced
2. Loss of love and affection 80,000/- 80,000/- Confirmed
to appellants 2 & 3
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Loss of consortium to 1st 40,000/- 40,000/- Confirmed
appellant
5. Transportation 10,000/- 10,000/- Confirmed
6. Loss of estate 15,000/- 15,000/- Confirmed
Total Rs.11,68,000/- Rs.16,72,000/- Enhanced by
Rs.5,04,000/-
11.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.11,68,000/- is hereby enhanced
to Rs.16,72,000/- 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
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C.M.A.No.3186 of 2019
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.805 of 2015 on the file of the Motor
Accident Claims Tribunal, IV Additional District Court, Bhavani, Erode
District, at the first instance and recover the same from the 1 st respondent. On
such deposit, the appellants 1 and 2 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. The share of the minor 3rd appellant is
directed to be deposited in any one of the Nationalized Banks, till the minor
3rd appellant attains majority. On such deposit, the 1st appellant, being the
father of the minor 3rd appellant is permitted to withdraw the accrued interest
once in three months for the welfare of the minor 3rd appellant. No costs.
07.01.2021
krk
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3186 of 2019
V.M.VELUMANI, J.
krk
To
1.The IV Additional District Judge,
Motor Accident Claims Tribunal,
Bhavani,
Erode District.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.3186 of 2019
07.01.2021
https://www.mhc.tn.gov.in/judis/
