C.Rajalakshmi vs C.Saravanan
2021 Latest Caselaw 583 Mad

                                                                                    CMA No.2721 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 07.01.2021

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                CMA No.2721 of 2021

                     C.Rajalakshmi                             ... Appellant/Petitioner

                                                          Vs

                     1.           C.Saravanan

                     2.      The New India Assurance Company Limited.,
                             Motor Third Party Claims Hub,
                             No.233, Bombay Mutual Building,
                             6th Floor, 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 10.11.2020 made in
                     M.C.O.P.No. 5977 of 2017 on the file of Motor Accident Claims Tribunal
                     (Small Causes Court, Special Sub Court No.2), Chennai.
                                                          ***
                                          For Appellant     : Mr. K.Varadhakamaraj

                                          For 1st Respondent : No appearance

                                          For 2nd Respondent : Mrs.S.R.Sumathy

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                 CMA No.2721 of 2021



                                                    JUDGMENT

This Appeal is by the claimant/mother of the deceased seeking

enhancement of the compensation awarded by the Tribunal at

Rs.15,82,000/- for the death of her 25 year old son in a motor accident that

occurred on 04.09.2017.

2. The factum of the accident and the death of the son of the

claimant is not in dispute. The tribunal has held that the accident was

caused because of the rash and negligent driving of the TATA ACE goods

vehicle bearing Registration No. TN-19-AA-7346 by its driver. As the

insurer of the said vehicle, the second respondent/insurance company is

liable to pay the compensation. The Insurance Company has accepted the

award. The claimant has come up for this Appeal seeking enhancement.

3. Mr. K.Varadhakamaraj, learned counsel appearing for the

claimant / appellant would contend that considering the date of the accident,

the fixing at Rs.10,000/- as notional income is too low. According to him,

https://www.mhc.tn.gov.in/judis CMA No.2721 of 2021

the Tribunal should have fixed at least Rs.15,000/- per month. Mr.

Vardhakamaraj does not question the compensation awarded under the other

heads.

4. Mrs. S.R. Sumathy, learned counsel appearing for the

Insurance Company would submit that the Tribunal was justified in taking

Rs.10,000/- as the monthly income since there was no evidence on the side

of the claimant to prove the monthly income of the deceased. It is stated that

the deceased was working as a collection execution in a finance company.

5. Considering the circumstances prevailing at the time of

accident and the daily wages paid by the Public Works Department to the

Non Muster Roll employees which was around Rs.600/-, I am of the opinion

that the income could be fixed at Rs.14,000/- after making certain

allowances for a holiday or leave. Since the deceased was only 25 years old,

40% has to be added towards future prospectus as per the Judgment of the

Hon'ble Supreme Court in National Insurance Company Vs. Pranay Sethi

and others reported in 2017(16)SCC680. If 40% is added to Rs.14,000/-,

https://www.mhc.tn.gov.in/judis CMA No.2721 of 2021

the monthly income would be Rs.19,600/-. The deceased being a bachelor,

50% deduction has to be made. So the monthly loss of dependency would

be Rs.9,800/-. Adopting multiplier of '18', the total loss of dependency

would be Rs.21,16,800/-. To this, if we add the conventional damages of

Rs.70,000/- awarded by the Tribunal, the total compensation would be

Rs.21,86,800/-. The same is rounded of to Rs.21,87,000/-.

6. This Civil Miscellaneous Appeal is partly allowed. The Award

of the Tribunal is modified as above. The Insurance Company shall deposit

the enhanced compensation with 7.5% interest from the date of the petition

till date of deposit to the credit of M.C.O.P.No. 5977 of 2017 within a period

of six weeks from today. On such deposit, the claimant would be entitled to

withdraw the entire amount so deposited. No costs. Consequently, the

connected miscellaneous petition is closed.

07.01.2022

Index:Yes / No Speaking / Non-Speaking order vsg

https://www.mhc.tn.gov.in/judis CMA No.2721 of 2021

To

1. Small Causes Court, Special Sub Court No.2 The Motor Accident Claims Tribunal, Chennai.

2.The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CMA No.2721 of 2021

R.SUBRAMANIAN, J.

vsg

CMA No.2721 of 2021

07.01.2022

https://www.mhc.tn.gov.in/judis