Madras High Court

Kumaradevi vs Safiullah on 19 July, 2021

                                                                                    CMA No.926 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated : 19.07.2021

                                                       CORAM


                                   THE HONOURABLE TMT.JUSTICE S.KANNAMMAL


                                       Civil Miscellaneous Appeal No. 926 of 2021
                                                          ---
                1.Kumaradevi
                2.Minor Mugundhun
                3.Minor Sivaraman
                4.Saroja                                                    .. Appellants


                                                        Versus
                1.Safiullah


                2.The Manager,
                   M/s.National Insurance Company Limited,
                   No.12, Muruga Complex,
                   K.K.Road, Villupuram Taluk,
                   Villupuram District-605 602                              .. Respondents


                Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act
                1988, against the Judgment and Decree dated 01.07.2020 made in M.C.O.P. No.
                51 of 2019 on the file of the Motor Accident Claims Tribunal, Principal District
                Judge, Ariyalur.


                                        For Appellant : Mr.T.Gobinath
                                        For R2 : Mr.S.Vadivel
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                                                                                    CMA No.926 of 2021

                                      For R1 : Mr.Safiullah


                                                    JUDGMENT

This civil miscellaneous appeal has been filed by the appellants/claimants

for enhancement of compensation awarded by the Motor Accident Claims

Tribunal, Principal District Judge, Ariyalur, in M.C.O.P. No. 51 of 2019 dated

01.07.2020.

2. As per the averments in the claim petition filed before the Tribunal,on

24.11.2018 at about 7.00 p.m., while the deceased was riding a Two Wheeler

TVS Port bearing registration number TN 61 K 2938 from Jayankondam to

Viruthachalam Road, at that time, the first respondent's driver drove a Benze

Lorry bearing registration number TN 32 AF 7788 in a rash and negligent

manner and dashed against the deceased. Due to the said accident, the deceased

sustained grievous injuries and died on the spot. Hence the petitioners/legal

heirs claimed a sum of Rs.1,10,00,000/- towards compensation for the death of

the deceased in the accident.

3. Before the Tribunal, the 2nd respondent/insurance company filed

counter by denying the manner of accident as alleged in the claim petition. The

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CMA No.926 of 2021

Insurance Company also pleaded contributory negligence on the part of the

deceased. It is also stated that the petitioner was not having any valid license at

the time of accident. It is further stated that the age, occupation and monthly

income of the deceased are denied as false. The petitioners are not dependents

to deceeased. The first respondent's vehicle was not insured with the second

respondent at the time of accident. Hence, the Insurance Company prayed for

dismissal of the petition.

4. In order to prove the claim, on the side of claimants, one Ramesh who

was examined as P.W.2, the first petitioner was examined as P.W.1 and One

Thamaraiselvi was examined as P.W.3.13 documents were marked as Ex.P1 to

P13. On the side of the respondent/insurance company, one Thandabani was

examined as R.W.1, neither oral nor documentary evidence were adduced.

5. The Tribunal after analysing the entire evidence available on record

came to the conclusion that the accident occurred due to the rash and negligent

driving of the driver of the Benze Lorry belongs to the first respondent and

insured with the second respondent and passed an award for a sum of

Rs.56,78,176/- under various heads.

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CMA No.926 of 2021

6. Not being satisfied with the award passed by the Tribunal, the present

appeal has been filed by the claimants for enhancement of compensation.

7. The learned counsel for the appellants would submit that the deceased

was an Assistant in Block Education Office, a permanent employee and earning

a salary of Rs.48,147/- per month. So, tribunal ought to have fixed a sum of

Rs.62,591/- as monthly proved income after adding future prospectus and erred

in fixing a sum of Rs.50,073/- as monthly income of the deceased after

deducting 20% as income tax of the deceased without proper reasoning is

arbitrary. The learned Tribunal also failed to note that the age of the deceased

was 45 years at the time of the accident and ought to have applied correct

multiplier and future prospects and the appellants lost their sole bread winner of

their family and ought to have awarded just and reasonable compensation. The

Tribunal had failed to award compensation under the head of loss of love and

affection to the appellants 2 to 4 who are the minor daughters and mother of the

deceased. The tribunal erred in deducting 1/3rd deduction as personal expenses

of the deceased and ought to have deducted 1/4th deduction on considering the

dependents of the deceased, which needs interference of this Court.

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CMA No.926 of 2021

8. The learned counsel for the 1st respondent would submit that award

amount passed by the Tribunal is perfectly in order and the same may be

confirmed.

9. Heard the counsel for both sides and perused the materials placed on

record. The Tribunal, on appreciation of the oral and documentary evidence,

awarded compensation under various heads as under.

                 Sl.N         Head under which the      Amount awarded by
                  o              amount is awarded      the Tribunal(in Rs.)
                1          Loss of Income               Rs.56,08,176/-
                2          Loss of Estate               Rs.15,000/-
                3          Consortium                   Rs.40,000/-
                4          Funeral Expenses             Rs.15,000/-
                           Total                        Rs.56,78,176/-

10. Considering the facts and circumstances of the case, the tribunal has

not awarded any amount for loss of love and affection. As per Pranay Sethi's

case a sum of Rs.40,000/- each is to be awarded for Loss of Love and Affection.

11. This Court also considering that the claimants are wife, two minor

sons and mother of the deceased, deduction towards Personal Expenses shall be

1/4th and calculated separetely as follows:

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CMA No.926 of 2021

Monthly income of the deceased=48,147/-

30% in addition=Rs.14,444/-

Monthly Income in addition with 30%=Rs.62,591/-

after deducting 20% income tax

(62,591-20%(12,518) =Rs.50,073/-

after deducting 1/4th of personal expenses

(Rs.50,073-1/4(12,518) =Rs.37,555/-

                          for one year                     =Rs.4,50,660/-

                          multiplier                       =14

                          Loss of Income(Rs.4,50,660/-x 14)      =Rs.63,09,240/-

Except the above said modification, the award passed by the Tribunal under

various heads are confirmed.

12. The compensation awarded by the Tribunal is modified as follows:




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                                                                                          CMA No.926 of 2021

                Sl.No Head under which       Amount                   Amount          Award
                        the amount is    awarded by the             awarded by confirmed or
                            awarded         Tribunal(in                 this       enhanced or
                                                Rs.)               Court (in Rs.)    granted
                1     Loss of Income     Rs.56,08,176/-            Rs.63,09,240/- enhanced
                2     Loss of Estate     Rs.15,000/-               Rs.15,000/-    Confirmed
                3     Consortium         Rs.40,000/-               Rs.40,000/-    Confirmed
                4     Funeral Expenses Rs.15,000/-                 Rs.15,000/-    Confirmed
                5     Love and Affection --                        Rs.1,20,000/- Now granted
                      Total              Rs.56,78,176/-            Rs.64,99,240/- Enhanced to
                                                                                  Rs.8,21,064/-

13.In the result, this Civil Miscellaneous Appeal is partly allowed and the

compensation awarded by the Tribunal at Rs.56,78,176/- is hereby enhanced to

a sum of Rs.64,99,240/- with interest and costs. The second

respondent/Insurance Company is directed to deposit the enhanced award

amount, with interest and costs, less the amount already deposited, if any, within

a period of six weeks from the date of receipt of a copy of this order. On such

deposit, the first appellant is entitled to a sum of Rs.32,49,620/- as

compensation being the wife of the deceased; the appellants 2 and 3 are entitled

to a sum of Rs.9,74,886/- each, being the children of the deceased and the 4 th

appellant is entitled to a sum of Rs.12,99,848/- as compensation being the

mother of the deceased. The share of the minor appellants are directed to deposit

in any one of the nationalized bank as fixed deposit, till he attain majority. The