Madras High Court
Rathinam vs Venkatachalam on 14 July, 2021
C.M.A. No.1442 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.1442 of 2021
1. Rathinam
2. Kannammal
3. Balamurugan .. Appellants
Versus
1. Venkatachalam
2. The Manager,
ICICI Lambard General Insurance Co. Ltd.,
I Floor, S.P.Tower,
Ramesh Theatre Opp.
Trichy Road, Namakkal 637001.
3. Jothi .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 19.09.2019 in
MCOP No.573 of 2017 on the file of Motor Accidents Claims
Tribunal/Principal District Court, Namakkal.
For appellant : Mr.Thangaraju
For respondents
for R2 : Mr.R.Srividhya
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C.M.A. No.1442 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/Principal District Court, Namakkal, in
MCOP No.573 of 2017, dated 19.09.2019, the present appeal has been filed
by the claimants for enhancement of the compensation amount.
3. The appellants/claimants and third respondent are the wife and
children of the deceased Natesan. It is the case of the appellants/claimants that
on 14.02.2017 at about 11.00 am, one Sekar drove a Hero Honda Motor Cycle
bearing Registration No.TN-28-AP-8415 with the deceased Natesan as a
pillion rider, on the left side of Mohanur Road in Namakkal Town from South
to North Direction. When they were nearing N.S.Service Station, a TATA Ace
vehicle bearing Registration No.TN-28-BY-1652, belonging to the first
respondent and insured with the second respondent, came in a rash and
negligent manner being driven by its driver from the opposite direction and
dashed against the Motor Cycle. Due to the impact, the deceased Natesan
sustained multiple fractures and grievous fatal injuries in his head, right leg
and all over his body. Immediately, he was taken to the Government Hospital,
Namakkal, but he died on the way to the Hospital.
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C.M.A. No.1442 of 2021
4. It is the further case of the claimants that the deceased was doing
Mason work and earning Rs.25,000/- per month. The deceased is the sole
breadwinner of the family and due to the sudden demise, the claimants are
suffering for their livelihood. Hence, they filed the claim petition for a sum of
Rs.30,00,000/- as compensation.
5. The said claim petition was resisted by the second
respondent/Insurance Company by filing a detailed counter statement denying
the manner of the accident as projected by the claimants in the claim petition.
They also denied the age, occupation and income of the deceased mentioned in
the claim petition. Thus, they sought for dismissal of the claim petition.
6. The learned counsel for the third respondent, who is the daughter of
the deceased, made his submissions supporting the case of the claimants.
7. In order to prove the claim, the first claimant/wife of the deceased
examined herself as PW1, besides examining one Yuvaraj as PW2, an eye-
witness to the accident and Exhibits P1 to P10 were marked. On the side of the
Insurance Company, neither any oral nor any documentary evidence was
adduced.
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C.M.A. No.1442 of 2021
8. The Tribunal after analysing the entire evidence came to the
conclusion that the accident had occurred only 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.9,47,500/- and directed the second
respondent/Insurance Company to pay the above compensation. The break-up
details of the amounts awarded by the Tribunal under various heads are as
follows:
S.No. Heads under which amounts are Amount in Rs.
awarded by the Tribunal
1. Loss of Income 7,02,000
2. Future Prospects for 25% 1,75,500
3. Loss of Estate 15,000
4. Funeral Expenses 15,000
5. Loss of Consortium 40,000
Total 9,47,500
9. It is the contention of the learned counsel for the appellants/claimants
that the deceased Natesan 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.6,000/- as the
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C.M.A. No.1442 of 2021
monthly income of the deceased and awarded only a very meagre sum under
the head “Loss of Income”. Hence, the Tribunal ought to have fixed at least
Rs.25,000/- as the monthly income of the deceased and consequently, the
amount under the head “Loss of Income” may be enhanced.
10. 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 children of the deceased, 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.
11. The learned counsel for the second respondent/Insurance Company
made his submissions supporting the award passed by the Tribunal.
12. Heard both sides and perused the materials available on record.
13. 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 deceased. Accordingly, if so fixed, the Loss of Income to the
claimants is calculated as follows:
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C.M.A. No.1442 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.7,02,000/- 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.
14. 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 & 3
and 3rd respondent, a sum of Rs.1,20,000/- is awarded under such head by
awarding each of the children a sum of Rs.40,000/-.
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C.M.A. No.1442 of 2021
15. 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. Heads under which amounts Amount awarded by the Amount awarded
No. are awarded by the Tribunal Tribunal in Rs. by this Court in Rs.
1. Loss of Income 7,02,000 17,55,000
2. Future Prospects for 25% 1,75,500 -
3. Loss of Estate 15,000 15,000
4. Funeral Expenses 15,000 15,000
5. Loss of Consortium 40,000 40,000
6. Loss of Love and Affection - 1,20,000
Total 9,47,500 19,45,000
16. Thus, the total compensation of Rs.9,47,500/- awarded by the
Tribunal is hereby enhanced to Rs.19,45,000/- (Rupees nineteen lakhs and
forty five thousand 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 and the third respondent are permitted to withdraw
their respective share amounts as apportioned by the Tribunal. The
appellants/claimants shall pay necessary Court fee, on the enhanced
compensation.
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C.M.A. No.1442 of 2021
17. 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 Principal District Court, Namakkal/
The Motor Accident Claims Tribunal.
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1442 of 2021
S.KANNAMMAL, J.
pvs
C.M.A. No.1442 of 2021
14.07.2021
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