Madras High Court
Panneerselvam vs The Cor on 20 July, 2021
C.M.A.No.1590 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANAMMAL
C.M.A.No.1590 of 2021
1.Panneerselvam
2.Renukadevi .. Appellants
Vs.
1.The Correspondent,
ERK Arts and Science College,
Erumiyampatti,
Kokkarapettai Post,
Pappireddipatti Taluk,
Dharmapuri District - 636 905.
2.Cholamandalam MS General Insurance Company Limited,
Dare House, 2nd Floor,
No.2, N.S.C. Road,
Chennai - 600 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 11.12.2018 made
in M.C.O.P.No.485 of 2017 on the file of the Motor Accident Claims
Tribunal, Special District Court, Dharmapuri.
For Appellants : Mr.A.Ilayaperumal
For R2 : Ms.Harini
1/8
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C.M.A.No.1590 of 2021
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid mode”.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 11.12.2018 made in
M.C.O.P.No.485 of 2017 on the file of the Motor Accident Claims Tribunal,
Special District Court, Dharmapuri.
3.The appellants are the claimants in M.C.O.P.No.485 of 2017 on the
file of the Motor Accident Claims Tribunal, Special District Court,
Dharmapuri. The appellants are father and mother of the deceased. They filed
the above said claim petition, claiming a sum of Rs.20,00,000/- as
compensation for the death of their daughter viz., Pavithra, who died in the
accident that took place on 21.03.2017.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to the 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.5,00,000/- as
compensation to the appellants.
5.Not being satisfied with the amounts awarded by the Tribunal, the
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C.M.A.No.1590 of 2021
claimants have come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellants contended that the
Tribunal erred in awarding only a meagre sum of Rs.5,00,000/- as
compensation for the death of the minor girl against the claim of
Rs.20,00,000/-. The Tribunal failed to see that the deceased, who was
studying 8th standard was hale and healthy. If the deceased is alive, she would
have got decent job in future and supported the appellants. The Tribunal
ought to have adopted the multiplier '18' based on the age of the deceased.
The notional income fixed by the Tribunal is meagre. The Tribunal failed to
award any amounts towards loss of love & affection, funeral expenses and
loss of estate and prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the Tribunal after considering
the materials available on record, has awarded compensation, which is not
meagre. The appellants have not made out any case for enhancement of
compensation and prayed for dismissal of the appeal.
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C.M.A.No.1590 of 2021
8.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the 2nd respondent-Insurance Company and
perused the entire materials on record.
9.From the materials available on record it is seen that the daughter of
the appellants viz., Pavithra was a minor girl aged 13 years and was a non-
earning member at the time of accident. The said Pavithra died due to the
injuries sustained in the accident that took place on 21.03.2017. The Tribunal
following the Hon'ble Apex Court in the judgment reported in 2013 (2)
TNMAC 358 (SC), [Kishan Gopal & another Vs. Lala & others], fixed
annual income of a non-earning member at Rs.30,000/- per annum and the
same is not meagre. The Tribunal rightly applied multiplier '15' taking into
consideration the age of the deceased and awarded a sum of 4,50,000/- as
compensation for loss of dependency to the appellants and the same is just
and reasonable. The Tribunal has not awarded any amount towards loss of
love & affection, funeral expenses and loss of estate. A sum of Rs.40,000/-
each is granted to the appellants towards loss of love & affection and the
appellants are entitled to a sum of Rs.15,000/- each towards loss of estate and
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C.M.A.No.1590 of 2021
funeral expenses. The amounts awarded by the Tribunal towards
transportation charges is just and reasonable and hence, the same is hereby
confirmed. Thus, the compensation awarded by the Tribunal is modified as
follows:
S.No Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted
1. Loss of 4,50,000 4,50,000 Confirmed
Dependency
2. Transportation 50,000 50,000 Confirmed
charges
3. Loss of love - 80,000 Granted
and affection to
the appellants
(Rs.40,000/-
each)
4. Funeral - 15,000 Granted
expenses
5. Loss of estate - 15,000 Granted
Total Rs.5,00,000/- Rs.6,10,000/- Enhanced by
Rs.1,10,000/-
10. In the result, the appeal is partly allowed and the compensation
awarded by the Tribunal at Rs.5,00,000/- is hereby reduced to Rs.6,10,000/-
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C.M.A.No.1590 of 2021
together with interest at the rate of 7.5% per annum from the date of petition
till the date of deposit. The 2nd respondent/Insurance Company is directed to
deposit the modified 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 judgment to the credit of M.C.O.P.No.485 of 2017 on the file
of the Motor Accident Claims Tribunal, Special District Court, Dharmapuri.
On such deposit, the appellants are permitted to withdraw their respective
share of the award amount on the basis of apportionment fixed by the
Tribunal, along with proportionate interest and costs, less the amount if any,
already withdrawn by filing necessary applications before the Tribunal. No
costs.
20.07.2021
Index : Yes / No
Internet : Yes/ No
mpa
To
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C.M.A.No.1590 of 2021
1.The Special District Judge,
Motor Accidents Claims Tribunal,
Small Causes Court,
Dharmapuri.
2.The Section Officer,
V.R. Section,
High Court, Madras.
S.KANNAMMAL, J.,
mpa
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C.M.A.No.1590 of 2021
C.M.A.No.1590 of 2021
20.07.2021
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