Dhanam vs Dinesh
2021 Latest Caselaw 14150 Mad

Citation : 2021 Latest Caselaw 14150 Mad
Judgement Date : 15 July, 2021

Madras High Court

Dhanam vs Dinesh on 15 July, 2021

CMA No.218 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

CMA No.218 of 2016

Dhanam ... Appellant

versus
1. Dinesh
2. R. Nalini
(R1 and R2 were set exparte in the trial Court)
3. The Manager,
United India Insurance Co. Ltd.,
No.19/2A, Junction Main Road,
Salem. ... Respondents

Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 25.08.2015 made in
MCO.P. No.254 of 2013 on the file of the Motor Accidents Claims
Tribunal (Subordinate Court), Perundurai.

For Appellant : Mr. C. Munusamy
For Respondents : Ms. I.Malar for R3
R1 & R2 - Exparte

https://www.mhc.tn.gov.in/judis/
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CMA No.218 of 2016

JUDGMENT

(Heard Video Conference)

This appeal has been filed by the claimant seeking enhancement of

compensation under the impugned award dated 25.08.2015 passed by the

Motor Accident Claims Tribunal, Subordinate Court, Perundurai,

Chennai in MCOP No.254 of 2013.

2. The appellant / claimant unsatisfied with the quantum of

compensation awarded by the Tribunal under the impugned award has

preferred this appeal seeking for enhancement.

3. The details of the compensation awarded by the Tribunal under

the impugned award are as follows :

                                              Heads                Amount awarded
                                                                    by the Tribunal
                                                                         (Rs.)
                                   Loss of dependency                            90000
                                   Funeral expenses                              10000
                                   Loss of love and affection                    10000
                                   Total                                     110000

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

CMA No.218 of 2016

4. Heard Mr. C. Munusamy, learned counsel for the appellant /

claimant and Ms.I.Malar, learned counsel for the 3rd respondent/

Insurance Company. R1 and R2 were set ex-parte before the Tribunal,

hence notice to R1 and R2 are dispensed with.

5. This Court has perused and examined the impugned award

before the Tribunal.

6. The deceased Chinnasamy Gounder was aged 74 years at the

time of the accident which happened on 20.08.2013. In the claim

petition filed by the appellant / claimant, who is the only daughter and

the only Legal Representative has claimed that the deceased was an

Agriculturist and a Milk vendor earning Rs.20,000/-p.m. However, the

Tribunal fixed the notional monthly income of the deceased at

Rs.3,000/-. Even though the deceased was aged 74 years at the time of

the accident, this Court is of the considered view that the fixation of his

notional income by the Tribunal at Rs.3,000/- is low and it has to be

enhanced to Rs.4,500/- after giving due consideration to the year of the

accident, which happened in the year 2013.

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

CMA No.218 of 2016

7. The Tribunal has rightly not granted any loss of future prospects

to the appellant / claimant since the appellant / claimant was already 74

years old at the time of the accident.

8. With regard to the compensation awarded by the Tribunal under

the heads funeral expenses at Rs.10,000/- and towards loss of love and

affection at Rs.10,000/- are concerned, the same is confirmed by this

Court as it is a just compensation.

9. Excepting for modifying the notional monthly income of the

deceased to Rs.4,500/- instead of Rs.3,000/- fixed by the Tribunal, the

compensation awarded by the Tribunal under various other heads are

confirmed. Accordingly, the notional monthly income of the deceased is

fixed by this Court at Rs.4,500/-. In view of the enhancement of the

notional monthly income of the deceased to Rs.4,500/- by this Court, the

loss of dependency is enhanced from Rs.36,000/- to Rs.1,35,000/-

(Rs.4,500/- x 12 x 5 - 1/2) by this Court.

10. For the foregoing reasons, the award of the Tribunal is hereby

enhanced in the following manner :

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

CMA No.218 of 2016

Heads Amount awarded Amount awarded by the Tribunal by this Court (Rs.) (Rs.) Loss of dependency 90000 135000 * Rs.3,000/- x 12 x 5 - 1/2 * # #Rs.4500 x 12 x 5 - 1/2 Funeral expenses 10000 10000 Loss of love and affection 10000 10000 Total 110000 155000

13. In the result, the appeal filed by the appellant / claimant,

stands partly allowed by enhancing the compensation from Rs.1,10,000/-

to Rs.1,55,000/-, as indicated above. No costs.

14. The 3rd respondent / Insurance Company is directed to deposit

the entire award amount as assessed by this Court together with interest

at 7.5% p.a. from the date of claim petition till the date of realization, less

the amount, if any, already deposited to the credit of MCO.P. No.254 of

2013 on the file of the Motor Accidents Claims Tribunal (Subordinate

Court), Perundurai, within a period of eight weeks from the date of

receipt of a copy of this Judgment. On such deposit being made, the

Tribunal is directed to transfer the award amount directly to the bank https://www.mhc.tn.gov.in/judis/

CMA No.218 of 2016