Madras High Court
Jaya vs K.Thanigaivel on 19 July, 2021
CMA No.50 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.50 of 2016
Rajagopal (Died)
1. Jaya
2. Udhaya @ Udhayakumari
3. Uma @ Uma Maheswari
4. Gandhimathi ... Appellants
versus
1. K.Thanigaivel
(Since R1 remained exparte before the
Tribunal hence his presence may be
dispensed with)
2. The New India Assurance Company Limited,
No.202 and 204, Mahatma Gandhi Road,
Pondicherry. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 03.06.2015 and made
in M.A.C.T.O.P. No.2868 of 2013 on the file of the Motor Accident
Claims Tribunal, Small Causes Court, Chennai.
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CMA No.50 of 2016
For Appellants : Ms. A. Subadra
for Ms.M.Malar
For Respondents : Mr. J.Michael Visuvasam for R2
R1 - Exparte
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the claimants seeking enhancement
of compensation under the impugned award dated 03.06.2015 passed by
the Motor Accident Claims Tribunal, Court of Small Causes in Chennai
in MCOP No.2868 of 2013.
2.The details of compensation awarded by the Tribunal under the
impugned award are as follows:
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of dependency 5,67,000/-
Rs.4,500 x 3/4 x 12 x 14
Loss of consortium 50,000/-
Loss of love and affection to 2,00,000/-
the petitioners 2 to 5 each
Rs.50,000/-
Funeral expenses 25,000/-
Transport expenses 5,000/-
Total 8,47,000/-
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CMA No.50 of 2016
3. The appellants unsatisfied with the quantum of compensation
awarded by the Tribunal have preferred this appeal seeking for
enhancement.
4. Heard Ms. A. Subadra, learned counsel for the appellants /
claimants and Mr.J.Michael Visuvasam, learned counsel for the 2nd
respondent / Insurance Company. R1 was set ex-parte before the
Tribunal, hence notice to R1 is dispensed with.
5. This Court has perused the materials and evidence available on
record before the Tribunal.
6. The appellants / claimants are the dependants of the deceased
Rajagopal, who died on 14.03.2004 as a result of an accident caused by a
vehicle owned by the first respondent and insured with the second
respondent.
7. The Tribunal has given a categorical finding that only due to the
fault of the vehicle insured with the second respondent, the accident
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CMA No.50 of 2016
happened, which resulted in the death of Rajagopal. The finding of the
Tribunal has attained finality as no appeal has been preferred by the
second respondent as against the said finding.
8. The only question that arise for consideration is whether the
quantum of compensation awarded to the appellants/claimants is a just
compensation or not.
9. As seen from the impugned award, the Tribunal has not awarded
any compensation towards loss of future prospects which the appellants /
claimants as dependants are legally entitled to. The deceased Rajagopal
was aged 42 years and was a Mason at the time of the accident which has
not been disputed by the respondents before the Tribunal as seen from
the evidence available on record. The Tribunal ought to have applied the
ratio laid down by the Hon'ble Supreme Court in the case of National
Insurance Co. Ltd. vs. Pranay Sethi reported in 2017 16 SCC 680 and
should have awarded compensation towards loss of future prospects to
the appellants/ claimants under the impugned award. In accordance with
the aforesaid judgment of the Hon'ble Supreme Court, this Court awards
a compensation at the rate of 25% towards loss of future prospects to the
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CMA No.50 of 2016
appellants /claimants after giving due consideration to the age and the
avocation of the deceased. Therefore, the loss of dependency awarded to
the appellants / claimants is enhanced from Rs.5,67,000/- to
Rs.7,08,972/- (Rs.4,500 + 25% x ¼ x 12 x 14).
10. Insofar as the compensation awarded by the Tribunal under
various other heads viz., Rs.50,000/- towards loss of Consortium,
Rs.2,00,000/- towards loss of love and affection to the appellants /
claimants and Rs.25,000/- towards funeral expenses are concerned, this
Court is of the view that the same are on the higher side and accordingly,
this Court reduces the same to Rs.40,000/-; Rs.1,60,000/- (Rs.40,000/-
each for four claimants) and Rs.15,000/- respectively.
11. The Tribunal has also erroneously failed to award any
compensation towards loss of estate, which the appellants / claimants are
legally entitled to as per settled law. Accordingly, this Court awards a
compensation of Rs.15,000/- to the appellants / claimants towards loss of
estate.
12. With regard to the compensation awarded by the Tribunal
under the head Funeral Expenses is concerned, the same is a just
compensation and does not call for any interference by this Court.
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CMA No.50 of 2016
13. For the foregoing reasons, the award of the Tribunal is hereby
modified in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of dependency 5,67,000/- 7,08,972/-
*Rs.4,500 x 3/4 x 12 x 14 * #
#Rs.4,500/- + 25% x 3/4x12
x14
Loss of consortium 50,000/- 40,000/-
Loss of love and affection to 2,00,000/- 1,60,000/-
the petitioners 2 to 5 each
Rs.50,000/-
Funeral expenses 15,000/- 15,000/-
Loss of estate - 15,000/-
Transport expenses 5,000/- 5,000/-
Total 8,47,000/- 9,43,972/-
12. In the result, the appeal filed by the appellants / claimants,
stands partly allowed by enhancing the compensation from Rs.8,47,000/-
to Rs.9,43,972/- as indicated above. No costs.
13. The second 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 numbering till the date of
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CMA No.50 of 2016
realization, less the amount, if any, already deposited to the credit of
M.C.O.P. 2868 of 2013 on the file of the Motor Accident Claims
Tribunal, Small Causes Court, Chennai, within a period of four 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 account of the appellants /claimants, through RTGS, within
a period of two weeks thereafter as per the ratio of apportionment fixed
by the Tribunal. Necessary Court fee, if any has to be paid by the
appellants before receiving the copy of this Judgment.
19.07.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To
1. The Chief Judge,
Motor Accident Claims Tribunal,
Small Causes Court, Chennai.
2. The Section Officer,
V.R. Section
High Court of Madras, Chennai - 104.
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CMA No.50 of 2016
ABDUL QUDDHOSE, J.
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CMA No.50 of 2016
19.07.2021
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