Madras High Court
Govindammal vs H.Prakash on 1 July, 2021
C.M.A.Nos.294 & 988 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.Nos.294 & 988 of 2021
and
C.M.P.No.5481 of 2021
C.M.A.No.294 of 2021:
1.Govindammal
2.Arokiaraj .. Appellants
Vs.
1.H.Prakash
(R1 remained exparte before Tribunal.
Hence, his presence dispensed with)
2.Cholamandalam MS General Insurance Company Limited,
Arini Nivas Tower,
II Floor, No.163, 3 A,
Thambu Chetty Street,
Chennai – 600 001. .. Respondents
C.M.A.No.988 of 2021:
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.294 & 988 of 2021
Cholamandalam MS General Insurance Company Limited,
AriniNivas Tower,
II Floor, No.163 A,
ThambuChetty Street,
Chennai – 600 001. .. Appellant
Vs.
1.Govindammal
2.Arokiaraj
3.H.Prakash .. Respondents
Common Prayer: These Civil Miscellaneous Appeals are filed under Section
173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated
20.12.2019 made in M.C.O.P.No.5613 of 2018 on the file of the Motor
Accident Claims Tribunal, Chief Small Causes Court, Chennai.
In C.M.A.No.294 of 2021:
For Appellants : Mr.F.Terry Chella Raja
for Ms.M.Malar
For R2 : Mr.M.B.Raghavan
for M/s.M.B.Gopalan Associates
In C.M.A.No.988 of 2021:
For Appellant : Mr.M.B.Raghavan
for M/s.M.B.Gopalan Associates
For RR 1 & 2 : Mr.F.Terry Chella Raja
for Ms.M.Malar
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.294 & 988 of 2021
COMMON JUDGMENT
(The matter is heard through “Video Conferencing/Hybrid mode”.)
[Judgment of the Court was delivered by S.KANNAMMAL, J]
These Civil Miscellaneous Appeals have been filed against the award
dated 20.12.2019 made in M.C.O.P.No.5613 of 2018 on the file of the Motor
Accident Claims Tribunal, Chief Small Causes Court, Chennai.
2.Both the appeals arise out of the same accident and same award and
hence, they are disposed of by this common judgment. The parties are
referred to as per their respective ranks in the claim petition for the sake of
convenience.
3.The claimants filed the above said claim petition claiming a sum of
Rs.70,00,000/- as compensation for the death of their son viz., Shoban Babu,
who died in the accident that took place on 12.09.2018 against the
respondents, being the owner and insurer of the car bearing Registration
No.TN 10 AJ 1671 respectively.
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C.M.A.Nos.294 & 988 of 2021
4.According to the claimants, on 12.09.2018 the said Shoban Babu was
riding as pillion rider in the motorcycle bearing Registration No.TN 07 CJ
2125 towards Villupuram. At about 00.15 A.M, while the motorcycle crossed
over the Ellai Amman Koil Check Post at Panaiyur in a careful manner at the
extreme left side of the road, the car bearing Registration No.TN10 AJ 1671
belonging to 1st respondent came from the same direction in a rash and
negligent manner and dashed behind two motorcycles, out of which in one
motorcycle, the said Shoban Babu was traveling as pillion rider and caused
the accident. In the accident, the said Shoban Babu and others sustained
multiple grievous injuries all over the body. After the accident, all the injured
were taken to Cheyyur Government Hospital for first aid treatment and then
they were referred to the Government Medical College and Hopsital,
Chengalpattu. Inspite of treatment, the said Shoban Babu succumbed to
injuries. Therefore, the claimants filed the above said claim petition claiming
a sum of Rs.70,00,000/- as compensation for the death of their son Shoban
Babu against the respondents, being the owner and insurer of the car
respectively.
5.The Tribunal considering the pleadings, oral and documentary
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C.M.A.Nos.294 & 988 of 2021
evidene, held that accident occurred only due to rash and negligent driving by
the driver of the car belonging to 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.23,23,000/- as
compensation to the claimants.
6.Not being satisfied with the amounts awarded by the Tribunal, the
claimants have come out with an appeal in C.M.A.No.294 of 2021 seeking
enhancement of compensation. Questioning the quantum of compensation
awarded by the Tribunal in the award dated 20.12.2019 made in
M.C.O.P.No.5613 of 2018, the 2nd respondent-Insurance Company has come
out with an appeal in C.M.A.No.988 of 2021.
7.The learned counsel appearing for the claimants contended that at the
time of accident, the deceased was aged 19 years, working as Mechanic at
Yamaha Show Room, Pallikaranai and was earning a sum of Rs.40,000/- per
month. The claimants have filed Ex.P6/Course Completion Certificate in
Automobile Mechanic to prove the educational qualification of the deceased.
But, the Tribunal fixed a meagre sum of Rs.15,000/- per month as notional
income of the deceased and awarded compensation. The claimants are the
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C.M.A.Nos.294 & 988 of 2021
parents of the deceased, who lost their only child in the accident and the
compensation awarded by the Tribunal towards loss of love and affection is
meagre. The Tribunal has not awarded any amount towards loss of estate,
damages to clothes, loss of expectation of life, medical expenses,
transportation and mental agony and prayed for dismissal of C.M.A.No.988
of 2021 filed by the 2nd respondent-Insurance Company and for enhancement
of compensation.
8.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the claimants have not filed any
documentary proof for the actual income being received by the deceased. In
the absence of any material evidence with regard to avocation and income, a
sum of Rs.15,000/- per month fixed by the Tribunal as notional income of the
deceased is excessive. The Tribunal considering the entire materials on
record, has awarded a sum of Rs.23,23,000/- as compensation to the
claimants and the same is excessive and prayed for setting aside the award
passed by the Tribunal and for dismissal of C.M.A.No.294 of 2021 filed by
the claimants.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.294 & 988 of 2021
9.Heard the learned counsel appearing for the claimants as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on recod.
10.It is the claim of the claimants in the claim petition that at the time
of accident, the deceased was aged 19 years, working as Mechanic at Yamaha
Show Room, Pallikaranai and was earning a sum of Rs.40,000/- per month.
To substantiate their claim, the claimants have filed Ex.P6/Course
Completion Certificate in Automobile Mechanic. But, the claimants have
neither examined the employer of the deceased nor filed any documentary
proof for the actual income being received by the deceased. In the absence of
any documentary proof with regard to avocation and income of the deceased,
the Tribunal considering the fact that had the deceased been alive, he would
have earned more and also supported the family phycially and financially,
fixed a sum of Rs.15,000/- per month as notional income of the deceased and
the same is proper. As per Ex.P3/Death Certificate, the deceased was aged 20
years at the time of accident. The Tribunal following the judgments of the
Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court,
[Sarla Verma & others Vs. Delhi Transport Corporation & another] and
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C.M.A.Nos.294 & 988 of 2021
2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs.
Pranay Sethi and others], rightly applied multiplier '18' and granted 40%
enhancement towards future prospects. The deceased was a bachelor at the
time of accident and the Tribunal has rightly deducted 50% towards personal
expenses of the deceased and awarded a sum of Rs.22,68,000/- as
compensation for loss of dependency and the same is just and reasonable. The
claimants are the parents of the deceased, who have lost their only child at a
tender age in a road accident that occurred on 12.09.2018. The loss of a son
cannot be compensated monetarily. However, the claimants, being the parents
of the deceased are entitled to a sum of Rs.40,000/- each towards loss of love
and affection instead of Rs.20,000/- each awarded by the Tribunal. The
Tribunal has not awarded any amount towards loss of estate to the claimants.
The claimants, being the parents of the deceased are entitled to a sum of
Rs.15,000/- towards loss of estate. The compensation awarded by the
Tribunal towards funeral expenses is just and reasonable and hence, the same
is hereby confirmed. Thus, the compensation awarded by the Tribunal is
modified as follows:
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C.M.A.Nos.294 & 988 of 2021
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of dependency 22,68,000/- 22,68,000/- Confirmed
2. Loss of love and affection 40,000/- 80,000/- Enhanced
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Loss of estate - 15,000/- Granted
Total Rs.23,23,000/- Rs.23,78,000/- Enhanced by
Rs.55,000/-
11.The compensation awarded by the Tribunal at Rs.23,23,000/- is
hereby enhanced to Rs.23,78,000/- 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 Court, along with proportionate 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 common judgment, to the credit of
M.C.O.P.No.5613 of 2018 on the file of the Motor Accident Claims Tribunal,
Chief Small Causes Court, Chennai. On such deposit, the claimants 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,
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C.M.A.Nos.294 & 988 of 2021
already withdrawn by making necessary applications before the Tribunal.
12.In the result, C.M.A.No.294 of 2021, filed by the claimants is
allowed in part and in view of the same, C.M.A.No.988 of 2021, filed by the
Insurance Company is dismissed. Consequently, the connected Miscellaneous
Petition is closed. No costs.
(N.K.K., J.) (S.K., J.)
01.07.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Chief Judge,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
N.KIRUBAKARAN, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.294 & 988 of 2021
and
S.KANNAMMAL, J.
krk
C.M.A.Nos.294 & 988 of 2021
01.07.2021
https://www.mhc.tn.gov.in/judis/
