Madras High Court
Selvi vs Venkatachalam on 14 July, 2021
C.M.A. No.1513 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1513 of 2021
1. Selvi
2. Periyasamy
3. Sathish
4. Minor Saraswathi
5. Nallammal (died) .. Appellants
*[4th minor appellant is rep. by next friend
and guardian 1st appellant]
Versus
1. Venkatachalam
2. Manager,
ICICI Lambord General Insurance Company,
I Floor, SP Tower, Opp. Ramesh Theatre,
Trichy Road, Namakkal, 637001. .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 10.02.2020 in
MCOP.No.714 of 2017 on the file of Motor Accidents Claims
Tribunal/Additional District Court (FAC), Namakkal.
For appellant : Mr.C.Thangaraju
For respondents
for R2 : M/s.R.Srividhya
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C.M.A. No.1513 of 2021
JUDGMENT
The appeal is heard through video conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
Motor Accidents Claims Tribunal/Additional District Court, Namakkal, in
MCOP No.714 of 2017, dated 10.02.2020, the present appeal has been filed by
the claimants for enhancement of the compensation amount.
3. It is the case of the appellants/claimants, who are the wife, children
and mother of the deceased Sekar that, on 14.02.2017 at about 11.00 am, the
deceased Sekar was riding his Hero Honda two wheeler bearing Registration
No.TN-28-AP-8415 on Mohanur Salai at Vagurampatti. While he was nearing
N.S.Service Station in Namakkal Town, a Tata Ace bearing Registration
No.TN-28-BY-1652 belonging to the first respondent and insured with the
second respondent/Insurance Company coming from the opposite direction,
driven by its driver in a rash and negligent manner and hit against the said two
wheeler. Due to the impact, the deceased sustained grievous injuries.
Immediately, he was admitted in Government Hospital, Namakkal, and then
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C.M.A. No.1513 of 2021
shifted to M.M. Private Hospital, Namakkal and thereafter to VIMS Hospital,
Salem for better treatment, wherein he succumbed to injuries on 17.02.2017.
4. It is the further case of the claimants that the deceased was a Mason
and earning Rs.25,000/- per month. The deceased is the sole bread-winner of
the family and due to the sudden demise, the claimants are suffering for their
livelihood. Hence, the claimants filed the claim petition for a sum of
Rs.40,00,000/- as compensation.
5. The said claim petition was resisted by the Insurance Company by
filing a detailed counter statement denying the manner of accident as projected
by the claimants in the claim petition. They also denied the age, occupation
and income of the deceased. Thus, they sought for dismissal of the claim
petition.
6. In order to prove the claim on the side of the claimants, the first
claimant examined herself as PW1, besides examining one Muniappan as
PW2, and marked Exs.P1 to P15. On the side of the Insurance Company,
neither any oral nor any documentary evidence was adduced.
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C.M.A. No.1513 of 2021
7. The Tribunal after analysing the entire evidence came to the
conclusion that the accident had occurred due to the rash and negligent driving
of the driver of the first respondent's vehicle bearing Registration No.TN-28-
BY-1652. By coming to such conclusion, the Tribunal passed an award for a
sum of Rs.17,52,700/- and directed the second respondent/Insurance Company
to pay the above compensation. The amounts awarded by the Tribunal under
various heads are as follows:
S.No. Heads under which amounts are Amount in Rs.
awarded
1. Loss of Income 13,16,328
2. Loss of Estate 15,000
3. Funeral Expenses 15,000
4. Loss of Consortium 40,000
5. Medical Expenses 3,61,395
6. Transportation Expenses 5,000
Total 17,52,723
8. It is the contention of the learned counsel for the appellants/claimants
that the deceased Sekar was working as a Mason and earning Rs.25,000/- per
month. However, the Tribunal without considering the nature of work and the
year of accident, i.e., 2017 had fixed only a sum of Rs.8,438/- as the monthly
income of the deceased and awarded only a meagre sum under the head “Loss
of Income”. Hence, the Tribunal ought to have fixed at least a sum of
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C.M.A. No.1513 of 2021
Rs.25,000/- as the monthly income of the deceased and consequently, the
amount awarded under the head “Loss of Income” may be enhanced.
9. The next contention of the learned counsel for the
appellants/claimants is that the Tribunal failed to award any amount towards
“Loss of Love and Affection” to the claimants 2 to 4, for the loss of their
father's love, protection and guidance at their tender age. Further, the amounts
awarded by the Tribunal under all the other heads are also very meagre and the
same may be enhanced.
10. The learned counsel for the second respondent/Insurance Company
made his submissions supporting the award passed by the Tribunal.
11. Heard both sides and perused the materials available on record.
12. The accident had occurred in the year 2017. Considering the cost of
living prevalent at the time of the accident and the nature of work of the
deceased, it would be appropriate to fix a sum of Rs.12,000/- as monthly
income of the claimant. Accordingly, if so fixed, the “Loss of Income” of the
claimant is calculated as follows:
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C.M.A. No.1513 of 2021
Monthly Income : Rs.12,000/-
Add: Future Prospects at 25% :
25% of 12,000 Rs.3,000/-
--------------
Rs.15,000/-
Annual Income (15,000 x 12) : Rs.1,80,000/-
Multiplier : x 13
---------------
Rs.23,40,000/-
Less:1/4 Deduction towards
personal expenses : Rs.5,85,000/-
----------------
Loss of Income Rs.17,55,000/-
Thus, the sum of Rs.13,16,328/- awarded by the Tribunal under the head
“Loss of Income” is set aside, instead a sum of Rs.17,55,000/- is awarded
under such head.
13. Since no amount was awarded by the Tribunal under the head “Loss
of Love and Affection" to the children of the deceased, viz., claimants 2 to 4”,
a sum of Rs.1,20,000/- is awarded under such head by awarding a sum of
Rs.40,000/- to each of the claimants 2 to 4.
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C.M.A. No.1513 of 2021
14. The amounts awarded by the Tribunal under all the other heads are
just and fair and hence, they are confirmed. Thus, the total compensation
payable to the claimants is re-calculated and tabulated below:
S. No. Heads under which Amount awarded by the Amount awarded by
amounts are awarded Tribunal in Rs. this Court in Rs.
1. Loss of Income 13,16,328 17,55,000
2. Loss of Estate 15,000 15,000
3. Funeral Expenses 15,000 15,000
4. Loss of Consortium 40,000 40,000
5. Medical Expenses 3,61,395 3,61,395
6. Transportation Expenses 5,000 5,000
7. Loss of Love and - 1,20,000
Affection
Total 17,52,723 23,11,395
rounded off to rounded off to
17,52,700 23,11,400
15. Thus, the total compensation of Rs.17,52,700/- awarded by the
Tribunal is hereby enhanced to Rs.23,11,400/- (Rupees twenty three lakhs
eleven thousand and four hundred only), which shall carry interest at 7.5%
from the date of claim petition till the date of payment. The second
respondent/Insurance Company is directed to deposit the total compensation
awarded by this Court before the Tribunal, after adjusting the amount if any
already deposited, within a period of six weeks from the date of receipt of a
copy of this judgment. On such deposit, the claimants 1 to 3 are permitted to
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C.M.A. No.1513 of 2021
withdraw their respective shares. Insofar as the fourth claimant/minor claimant
is concerned, her share shall be deposited by the Tribunal in any Fixed Deposit
Scheme in any one of the Nationalised Bank and it shall be renewed
periodically till she attains majority and the interest accrued thereon shall be
withdrawn by her mother/first appellant, once in three months. The
apportionment of shares fixed by the Tribunal to the claimants is hereby
confirmed. The appellants/claimants shall pay necessary Court fee, on the
enhanced compensation.
16. With the above observations and directions, this Civil Miscellaneous
Appeal is partly allowed. No costs.
14.07.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Additional District Court, Krishnagiri/
The Motor Accident Claims Tribunal
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1513 of 2021
S.KANNAMMAL, J.
pvs
C.M.A. No.1513 of 2021
14.07.2021
https://www.mhc.tn.gov.in/judis/
