Madras High Court
V.Vasudevan vs P.Easwaramoorthy on 20 July, 2021
CMA No.1343 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.07.2021
CORAM
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal No. 1343 of 2020
---
1.V.Vasudevan
2.V.Varalakshmi .. Appellants
Versus
1.P.Easwaramoorthy
2.The Divisional Manager,
The New India Assurance Company Limited.,
Do.No.179, IIIrd Floor,
JN Street, Puducherry-605 001. .. Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act
1988, against the Judgment and Decree dated 17.02.2020 made in M.C.O.P. No.
1472 of 2017 on the file of the Motor Accident Claims Tribunal/Special Sub
Judge, Cuddalore(FAC).
For Appellant : Mrs.RamyaV.Rao
For R2 : K.Vinod
For R1 : Tapal returned as “No such person”
http://www.judis.nic.in
1/8
CMA No.1343 of 2020
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 award dated 17.02.2020 made in M.C.O.P. No.
1472 of 2017 on the file of the Motor Accident Claims Tribunal/Special Sub
Judge, Cuddalore(FAC).
3.The appellants are the claimants in M.C.O.P.No.1472 of 2017 on the
file of the Motor Accident Claims Tribunal/Special Sub Judge, Cuddalore(FAC).
The appellants are father and mother of the deceased. They filed the above said
claim petition, claiming a sum of Rs.50,00,000/- as compensation for the death
of Dhamodharan, who died in the accident that took place on 23.1.2017.
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 lorry belonging to the first respondent and directed the second respondent-
Insurance Company, being the insurer of the vehicle to pay a sum of
Rs.16,90,000/- as compensation to the appellants at the first instance and
recover the same from the first respondent.
http://www.judis.nic.in
CMA No.1343 of 2020
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellants contended that at the
time of accident the deceased was aged 24 years, working as Heavy Vehicle
Driver and was earning a sum of Rs.25,000/- per month. To prove the same, the
appellants filed Ex.P13 to 16 and examined the co-employer of the deceased,
Saravanan as P.W.3. The Tribunal failed to consider the evidence of P.W.3,
Ex.P13 to 16 and fixed a meagre sum of Rs.10,000/- per month as notional
income of the deceased. The Tribunal ought to have fixed a sum of Rs.17,000/-
as monthly income of the deceased and awarded compensation. The Tribunal
has not awarded any compensation towards loss of love and affection and
prayed for enhancement of compensation.
7.Per contra, Mr.K.Vinod, learned counsel appearing for the second
respondent-Insurance Company contended that the appellants have not let in any
material evidence to prove the avocation and income of the deceased. In the
absence of material evidence, the Tribunal rightly filed a sum of Rs.10,000/- as
monthly income and granted compensation towards loss of dependency, which is
http://www.judis.nic.in
CMA No.1343 of 2020
not meager. The amount awarded by the Tribunal under other heads are not
meager and prayed for dismissal of the appeal.
8.I have heard the learned counsel appearing for the appellants as well as
the second respondent-Insurance Company and perused the entire materials on
record.
9. It is the contention of the appellants that the deceased was aged 25
years and was a coolie and was earning a sum of Rs.17,000/- per month. The
appellants have not produced any material evidence to prove the same. In the
absence of material evidence, the Tribunal fixed a sum of Rs.10,000/- as
monthly income of the deceased. The accident occurred in the year 2017. The
monthly income of deceased fixed by the Tribunal is meager and a sum of
Rs.14,000/- is fixed by this Court as monthly income of the deceased. The
deceased was aged 25 years and the appellants are entitled to 50% enhancement
towards future prospects. Applying multiplier '18' and deducting 1/2, the
amount awarded by the Tribunal towards loss of dependency is modified to
Rs.22,68,000/- [Rs.14,000/- + Rs.7,000/- (50% of Rs.14,000/-) x 12 x 18x 1/2.
The Tribunal has erroneously awarded the compensation towards Loss of
Consortium instead of granting under the head of Loss of Love and Affection.
http://www.judis.nic.in
CMA No.1343 of 2020
Therefore, this Court is of the view that the amount granted under the said head
is meagre and accordingly it is enhanced to Rs.80,000/-. The Tribunal has not
awarded any compensation towards Transportation Expenses. A sum of
Rs.15,000/- is granted towards Transportation Expenses. The amount awarded
by the Tribunal under other heads are confirmed. Thus, the compensation
awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of dependency 16,20,000/- 22,68,000/- enhanced
2. Loss of estate 15,000/- 15,000/- confirmed
3. Loss of Love and 40,000/- 80,000/- enhanced
Affection
4. Funeral expenses 15,000/- 15,000/- confirmed
5. Transportation -- 15,000/- Granted
Expenses
Total Rs.16,90,000/- Rs.23,53,000/- enhanced by
Rs.6,63,000/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.16,90,000/- is hereby enhanced to
Rs.23,53,000/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The appellants are directed to pay the
http://www.judis.nic.in
CMA No.1343 of 2020
Court fee, if any on the enhanced amount of compensation. The second
respondent-Insurance Company is directed to deposit the enhanced award
amount now determined by this Court, along 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 at the first instance and recover the same from
the first respondent. On such deposit, the appellants are permitted to withdraw
their respective share of the enhanced award amount now determined by this
Court, as per the ratio of apportionment fixed by the Tribunal, along with
interest and costs, less the amount if any, already withdrawn by making
necessary applications before the Tribunal. No costs.
20.07.2021
Index : Yes / No
Speaking/Non speaking order
mpa
http://www.judis.nic.in
CMA No.1343 of 2020
To
1. The Motor Accident Claims Tribunal/Special Sub Judge, Cuddalore(FAC).
2. The Section Officer
Vernacular Records Section
High Court, Madras.
http://www.judis.nic.in
CMA No.1343 of 2020
S. KANNAMMAL, J
mpa
CMA.No.1343 of 2020
20.07.2021
http://www.judis.nic.in
