Madras High Court
R.Annapoorani vs B.Geetha on 13 July, 2021
C.M.A.Nos.2137 of 2018 & 1846 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.Nos.2137 of 2018 & 1846 of 2021
and
C.M.P.No.9882 of 2021
C.M.A.No.2137 of 2018
1.R.Annapoorani,
W/o.Ramalingam (Late)
2.R.Yogeswaran (Minor aged 9 years)
S/o.Ramalingam (Late)
3.R.Karthikkeyan (Minor aged 7 years)
S/o.Ramalingam (Late)
Minor Appellants 2 & 3 are
Rep. by their mother R.Annapoorani as NG., & N.F.,
4.Bakkiyammal,
W/o.Ranganathan (Late)
All are previously resided at
No.18/24, Misa Abraham Cross Street,
Choolaipuram, M.g.R.Nagar, Chennai 78
and now residing at
No.5/11, Baajanai Koil Street, Ramapuram,
Ambattur Taluk, Chennai 600 089. ... Appellants
Vs
1/10
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
1.B.Geetha, W/o.Baskar,
No:8, Kamatchiamman Koil Street,
Karur – 639 001
2.IFFCO TOKIO General Insurance Company Ltd.,
No:28, II Floor, North Usman Road, T.Nagar,
Chennai 600 017. ... Respondents
PRAYER : Appeal filed against the Order and Decreetal order dated
11.10.2017 in MCOP.No.792 of 2011 on the file of the Motor Accidents
Claims Tribunal – II Additional District Judge Court, Tiruvallur at
Poonamallee for enhancement of the compensation.
For Appellants : Mr.Amar D.Pandiya
For Respondents : Mr.M.B.Raghavan,
for M/s.M.B.Gopalan & Asso (for R2)
C.M.A.No.1846 of 2021
IFFCO TOKIO General Insurance Company Ltd.,
No:28, II Floor, North Usman Road, T.Nagar,
Chennai 600 017. ... Appellant
Vs.
1.R.Annapoorani,
W/o.Late. Ramalingam
2.R.Yogeswaran (Minor)
S/o.Late.Ramalingam
3.R.Karthikkeyan (Minor)
S/o.Late.Ramalingam
(Respondents 2 & 3 Minors Rep.
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
by Mother & NF 1st Respondent)
4.Bakkiyammal,
W/o.Late.M.Ranganathan
All are residing at
No.5/11, Baajanai Koil Street,
Ramapuram, Ambattur Taluk,
Chennai 600 089.
5.B.Geetha, W/o.Baskar,
No.8, Kamatchiamman Koil 1st Cross Street,
Karur 639 001. ... Respondents
PRAYER : Appeal filed against the Judgment and Decree made in
MCOP.No.792 of 2011, dated 11.10.2017 on the file of the Motor
Accidents Claims Tribunal, Second Additional District Court,
Poonamallee.
For Appellants : Mr.M.B.Raghavan,
for M/s.M.B.Gopalan & Asso
For Respondents : Mr.Amar D.Pandiya
COMMON JUDGMENT
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
C.M.A.No.2137 of 2018 has been filed by the Claimants and
C.M.A.No.1846 of 2021 has been filed by the Insurance Company
against the very same order passed in M.C.O.P.No.792 of 2011 dated
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
11.10.2017 and therefore, both the Appeals are heard together and
common judgment is being passed.
2.These Appeals have been filed against the order passed by
the Tribunal, awarding a sum of Rs.17,52,417/- for the death of one
Mr.R.Ramalingam, aged 33 years, earning about Rs.12,000/- to
Rs.14,000/- per month in the accident occurred at 03.08.2011, when he
was riding his motorcycle from South to North direction on Tambaram–
Maduravoyal Bypass road, which was hit behind by a lorry driven by its
driver in a rash and negligent manner.
3.The only question to be decided is with regard to quantum of
compensation. It is the contention of the claimants that the deceased was
earning a sum of Rs.15,000/- per month, regarding which Exs.P.12 to
P.14 have been filed before this Court. It reveals that he worked as a
contractor in a construction company called M/s.Chandrasekar Builders
(P) Ltd., and the income of the deceased was proved by Ex.P.12 copy of
income tax returns for the year 2009-10, Ex.P.13 copy of income tax
returns for the year 2010-11 and Ex.P.14 copy of income tax returns for
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
the year 2011-12. The said income tax returns have been marked through
an employee, who has been employed in M/s.Chandrasekar Builders (P)
Ltd., in which the deceased was also worked. However, the Tribunal
fixed Rs.10,000/- as monthly income of the deceased. Based on the
income tax returns produced by the claimants and Ex.P.15, salary ledger
maintained by the company, this Court redetermined the monthly income
of the deceased at Rs.12,000/-.
4.A perusal of Ex.P.4/Post mortem certificate would reveal that
the age of the deceased was 33 years at the time of the accident and
therefore, 40% has to be added towards future prospects. After adding
40% towards future prospects, the monthly income of the deceased
would be at Rs.16,800/- (Rs.12,000/- + 40% of Rs.12,000/- viz.,
Rs.4,800/-)
5.The Tribunal has erroneously deducted 1/3rd towards
personal expenses. Since the size of the family is four, 1/4 th has to be
deducted towards personal expenses. After deducting 1/4th towards
personal expenses, the loss of income would be at Rs.12600/-
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
[Rs.16800/- (-) 1/4th of Rs.16800/- viz., Rs.4200/-]
6.According to the age of the deceased i.e., 33 years, right
multiplier is “16” as per the judgment of the Honourable Supreme Court
in Sarla Verma & Others .Vs. Delhi Transport Corporation & another,
reported in 2009 (2) TNMAC 1 (SC) and therefore, loss of yearly
contribution would be at Rs.24,19,200/- (Rs.12600/- x 16 x 12).
7.As per the judgment of the Honourable Supreme Court in
Pranay Sethi's case, a sum of Rs.40,000/- is awarded for loss of
consortium to the 1st claimant. A sum of Rs.25,000/- has been awarded
by the Tribunal for funeral expenses, the same is confirmed. A sum of
Rs.17,757/- has been awarded by the Tribunal for medical expenses, the
same is confirmed. Since no amount has been awarded by the Tribunal
for loss of estate and towards transportation charges, a sum of
Rs.40,000/- is awarded under this head. Further, a sum of Rs.2,00,000/-
is awarded towards loss of love and affection to claimants 2 to 4.
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
Head Amount (Rs.)
Loss of contribution 2419200
Loss of love and affection 200000
Funeral expenses 25000
Loss of estate & Transportation charges 40000
Loss of consortium 40000
Medical expenses 17757
2741957
8.Hence the compensation awarded to the claimants comes to
Rs.27,41,957/- rounded off to Rs.27,42,000/- (Rupees twenty seven lakh
and forty two thousand only). Out of the modified award amount, wife
of the deceased viz., Mrs.R.Annapoorani is entitled to get Rs.10,00,000/-,
sons of the deceased viz., R.Yogeswaran and R.Karthikeyan are entitled
to get Rs.7,50,000/- each and mother of the deceased viz.,
Mrs.R.Bakkiyammal is entitled to get Rs.2,42,000/-. The rate of interest
fixed by the Tribunal at the rate of 7.5% per annum is confirmed.
9.It is represented that the minor claimants viz., R.Yogeswaran
and R.Karthikeyan have attained majority. Therefore, this court suo
motu declares the minor claimants as major and the guardian (mother) is
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
discharged from her guardianship.
10.The insurance company is directed to deposit the entire
award amount as per the modified award passed by this Court along with
interest and costs, within a period of six weeks from the date of receipt of
a copy of this order, after deducting the amount already deposited, if any.
On such deposit being made, the Tribunal is directed to transfer the
respective shares of the claimants with proportionate interest and costs to
their respective bank accounts through RTGS within a period of one
week thereon.
11.The claimants are directed to pay the requisite court-fee, if
any, before the Tribunal, within a period of two weeks from the date of
receipt of a copy of this order. If the requisite court-fee is not paid by the
claimants, the Tribunal is directed to deduct the requisite court fee from
the compensation awarded to the claimants as per the ratio fixed by this
Court and thereafter, transfer the remaining award amount to the account
of the claimants.
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
12.Accordingly, C.M.A.No.2137 of 2018 is partly allowed and
C.M.A.No.1846 of 2021 is dismissed, enhancing the compensation
amount from Rs.17,52,417/- to Rs.27,42,000/- with interest.
Consequently, connected miscellaneous petition is closed. No costs.
(NKKJ) (TVTSJ)
13.07.2021
sai
To
The Presiding Officer,
II Additional District Court,
Tiruvallur at Poonamallee.
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C.M.A.Nos.2137 of 2018 & 1846 of 2021
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI, J
sai
C.M.A.Nos.2137 of 2018 & 1846 of 2021
Dated : 13.07.2021
https://www.mhc.tn.gov.in/judis/
