Madras High Court
G.Mohan vs S.Sakthivel on 22 July, 2021
CMA No.3019 and 3020 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved Date : 22.07.2021
Pronounced Date : 06.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal Nos. 3019 and 3020 of 2014
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1.G.Mohan
2.M.Princey .. Appellants
(in C.M.A.No.3019 of 2014)
1.K.Manean
2.V.Kalamani .. Appellants
(in C.M.A.No.3020 of 2014)
Versus
1.S.Sakthivel
2.P.Selvaraj
3.M/s.United India Insurance Company Limited,
Micro Office, D.No.22-B Shop No.11,
Krishnaveni Complex, Pallipalayam-638 006
4.M.Vijayakumar
5.M/s.United India Insurance Company Limited,
old No.1028, New No.768, Avinasi road, 1st floor,
United India Building, Coimbatore-18
(respondents 4 and 5 are not necessary parties in the above appeal and no claim
is made against them and they are given up)
.. Respondents in both C.M.As
https://www.mhc.tn.gov.in/judis/
CMA No.3019 and 3020 of 2014
Common Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act
1988, against the Judgment and Decree dated 03.03.2014 made in M.C.O.P.
Nos. 2213 and 2214 of 2012 on the file of the Motor Accident Claims Tribunal,
Special Sub Judge, Coimbatore.
In Both C.M.As
For Appellants : Mr.N.Anbalagan
for A.E.Ravichandran
For R3 : M/s.I.Malar
For R4&R5 : Given up
COMMON JUDGMENT
The matter is heard through “Video Conferencing/Hybrid mode”.
These Civil Miscellaneous Appeals have been filed against the common
award dated 03.03.2014 made in M.C.O.P.Nos. 2213 and 2214 of 2012 on the
file of the Motor Accident Claims Tribunal, Special Sub Judge, Coimbatore.
2.Both the appeals arise out of the same accident and common award.
Hence, they are disposed of by this common judgment. Since both the appeals
are arising out of the common award, the parties are referred to as per their rank
in the claim petition.
https://www.mhc.tn.gov.in/judis/
CMA No.3019 and 3020 of 2014
3.The appellants in C.M.A.Nos.3019 and 3020 of 2014 are the claimants
in M.C.O.P.Nos. 2213 and 2214 of 2012. The claimants in M.C.O.P.No. 2213 of
2012 filed the said claim petition claiming a sum of Rs.1,00,00,000/- as
compensation for the death of their daughter viz., M.Shalina, who died in the
accident that took place on 29.06.2012. The claimant in M.C.O.P.No.2214 of
2012 filed the said claim petition claiming a sum of Rs.1,00,00,000/- as
compensation for the death of their daughter viz., M.Saranya, who died in the
accident that took place on 29.06.2012.
4.The Tribunal considering the pleadings, oral and documentary evidence,
held that accident occurred due to rash and negligent driving by the driver of the
lorry belonging to the second respondent, which vehicle was insured with the
third respondent and hence, directed the third respondent to deposit a sum of
Rs.22,13,200/- as compensation to the claimants in M.C.O.P.No.2213 of 2012
and a sum of Rs.23,88,400/- as compensation to the claimants in
M.C.O.P.Nos.2214 of 2012.
5.Not being satisfied with the amounts awarded by the Tribunal, the
claimants have come out with the present appeals for enhancement of
compensation.
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CMA No.3019 and 3020 of 2014
6.According to the appellants/claimants, on 29.06.2012 at about 8.45
p.m., while the deceased M.Shalina and M.Saranya along with their colleagues
Gokul Prabhu, Anandha Kumar and others were returning back to coimbatore in
Tavera Car bearing registration No.TN 66 E 9927 on the Salem to Coimbatore
National Highways Road, from North to South direction in front of Saravana
Hotel near Chithode Bye pass junction, the driver of the lorry bearing
Registration No.TN 33 BA 6945 belonging to the second respondent drove the
same in a rash and negligent manner without obeying the traffic rules and
suddenly turned out on right side of the said bye pass junction without any
signals and caused the accident. In the accident, the said M.Shalina and
M.Saranya sustained fatal head injuries and multiple injuries all over the body.
Immediately after the accident, the said M.Shalina was taken to Government
Hospital, Erode for first aid treatment but the duty doctors of the said
Government Hospital, Erode examined the said M.Shalina and declared her
death. Immediately after the accident, the said M.Saranya was taken to
Government Hospital, Erode for first aid treatment and thereafter she was taken
to Lotus Hospital, Erode. Further she was sent to Kovai Medical Centre and
Hospital,Coimbatore on 30.06.2012. Inspite of treatment on 08.07.2012 she
died in the hospital. Therefore, the appellants / claimants being parents of the
deceased filed the above said claim petitions against the respondents.
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CMA No.3019 and 3020 of 2014
7.The learned counsel for the appellants contended that at the time of
accident, the deceased were working as Training Consultants at Focus Academy
for Career Enhancement, Coimbatore and were earning a sum of Rs.24,800/- per
month. The deceased were 21 years at the time of accident and the Tribunal has
not granted any award amount towards future prospects. The Tribunal ought to
have granted 50% enhancement towards future prospects as per the judgment of
the Hon'ble Apex Court in National Insurance Co. vs Pranay sethi and others
reported in 2017 (2) TNMAC 601 (SC). The Tribunal erroneously fixed the
multiplier as 14 in M.C.O.P.No.2213 of 2012 and as 13 in M.C.O.P.No.2214 of
2012 on the ground that the age of the mother of the deceased were 42 and 46
years respectively at the time of accident. The Correct multiplier applicable as
per the judgment of the Hon'ble Apex Court in Sarlavarma and others vs.
Delhi Transport Corporation and another reported in (2009) 6 SCC 121 is
18. The Tribunal has not granted any amount towards transportation, pain and
suffering and mental agony and prayed for enhancement of compensation.
8. Though notice was served on the respondents 1 and 2 and their names
was printed in the cause list, there is no representation for them either in person
or through counsel.
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CMA No.3019 and 3020 of 2014
9. The learned counsel appearing for the third respondent contended that
the Tribunal has fixed a sum of Rs.24,800/- as monthly income of the deceased
based on the evidence of P.W.3 and awarded a sum of Rs.20,83,200/- and Rs.
19,34,400/- respectively as compensation towards loss of dependency and the
same is excessive. The Tribunal has awarded a sum of Rs.1,00,000/- towards
loss of love and affection, Rs.25,000/- towards funeral expenses and
Rs.3,24,000/- towards medical expenses which are excessive. Hence the
appellants are not entitled to any enhancement and prayed for dismissal of the
appeal.
10.Heard the learned counsel for the appellants and the learned counsel
for the respondents and perused the entire materials on record.
11.From the materials on record, it is seen that at the time of accident the
deceased M.Shalina in M.C.O.P.No.2213 of 2012 and the deceased M.Saranya
in M.C.O.P.No.2214 of 2012 were aged 21 years and were working as Training
Consultants at Focus Academy for Career Enhancement, Coimbatore and were
earning a sum of Rs.24,800/- per month. To prove the said contention the
appellants examined one Ramanath as P.W.3, who is the Manager of the said
company. The appellants also produced the salary certificates were marked as
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CMA No.3019 and 3020 of 2014
Ex.P11 and 13 respectively. The Tribunal considering the evidence of P.W.3 and
considering salary certificate of Ex.P11 and 13, fixed a sum of Rs.24,800/- as
monthly income of both the deceased and the same is proper. The deceased
were aged 21 years at the time of accident and the Tribunal has not granted any
amount towards future prospects. As per the Judgement of the Hon'ble Apex
Court in National Insurance Co. vs Pranay sethi and others reported in 2017
(2) TNMAC 601 (SC) the appellants are entitled to 40% enhancement towards
future prospects of the deceased. The Tribunal has applied the multiplier 14 in
M.C.O.P.No.2213 of 2012 and 13 in M.C.O.P.No.2214 of 2012 based on the age
of the mother of the deceased and the same is not correct. The age of the
deceased is the basis for applying multiplier. As per Ex.P9/postmortem
certificate in M.C.O.P.No.2213 of 2012 and Ex.P11/ postmortem certificate in
M.C.O.P.No.2214 of 2012 the deceased were aged 21 years at the time of
accident. The correct multiplier applicable as per the judgment of the Hon'ble
Apex Court in Sarlavarma and others vs. Delhi Transport Corporation and
another reported in (2009) 6 SCC 121 is 18. The deceased were bachelors at
the time of accident and the Tribunal has rightly deducted 50% towards personal
income of the deceased. Thus by granting 40% enhancement towards future
prospects and applying multiplier 18, the compensation awarded by the Tribunal
towards loss of dependency is modified to Rs.37,49,760/-
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CMA No.3019 and 3020 of 2014
(34,720((24,800+9,920)(40% of Rs.24,800)) x 12 x 18 x ½))) under the head
“loss of income”. A sum of Rs.1,00,000/- awarded by the Tribunal towards loss
of love and affection is excessive. The appellants being the parents of the
deceased are entitled to a sum of Rs.40,000/- each towards loss of love and
affection. The Tribunal has awarded a sum of Rs.25,000/- towards funeral
expenses which is excessive and the same is reduced to Rs.15,000/-. A sum of
Rs.5,000/- awarded by the Tribunal towards loss of estate is meagre and the
same is enhanced to Rs.15,000/-. The Tribunal has not awarded any amount
towards Transportation. This Court awards a sum of Rs.15,000/- towards
Transportation. A sum of Rs.3,24,000/- awarded by the Tribunal in
M.C.O.P.No.2214 of 2012 towards medical expenses is just and reasonable and
the same is confirmed. Thus, the compensation awarded by the Tribunal is
modified as follows:
In C.M.A.No.3019 of 2014
S. Description Amount Amount Award
N awarded by awarded by this confirmed or
o Tribunal Court enhanced or
(Rs) (Rs) granted
1. Loss of income 20,83,200/- 37,49,760/- Enhanced
2. Loss of love and 1,00,000/- 80,000/- Reduced
affection
3. Funeral 25,000/- 15,000/- Reduced
expenses
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CMA No.3019 and 3020 of 2014
4. Loss of estate 5,000/- 15,000/- Enhanced
5. Transportation - 15,000/- Granted
Total Rs.22,13,200/- Rs.38,74,760/- enhanced by
Rs.16,61,560/-
In C.M.A.No.3020 of 2014:
S. Description Amount Amount Award
N awarded by awarded by this confirmed or
o Tribunal Court enhanced or
(Rs) (Rs) granted
1. Loss of income 19,34,400/- 37,49,760/- Enhanced
2. Medical 3,24,000/- 3,24,000/- confirmed
Expenses
3. Loss of love and 1,00,000/- 80,000/- reduced
affection
4. Funeral 25,000/- 15,000/- reduced
expenses
5. Loss of estate 5,000/- 15,000/- enhanced
6. Transportation - 15,000/- Granted
Total Rs.23,88,400/- Rs.41,98,760/- enhanced by
Rs.18,10,360/-
12. In the result, this Civil Miscellaneous Appeals are allowed. The
compensation awarded by the Tribunal in M.C.O.P.No.2213 of 2012 at
Rs.22,13,200/- is hereby enhanced to Rs.38,74,760/- together with interest at the
rate of 7.5% per annum from the date of petition till the date of deposit. The
compensation awarded by the Tribunal in M.C.O.P.No.2214 of 2012 at
Rs.23,88,400/-is hereby enhanced to Rs.41,98,760/- together with interest at the
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CMA No.3019 and 3020 of 2014
rate of 7.5% per annum from the date of petition till the date of deposit. The
third 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 to the credit of M.C.O.P.Nos.2213 & 2214 of
2012 on the file of the Motor Accident Claims Tribunal, Special Sub Judge,
Coimbatore. On such deposit, the appellants are permitted to withdraw the
same, as their respective share of the enhanced award amount now determined
by this Court, along with proportionate interest and costs, less the amount if any,
already withdrawn by making necessary applications before the Tribunal. The
appellants are directed to pay the necessary Court fee on the enhanced amount
of compensation. No costs.
06.10.2021
Index : Yes / No
Speaking/Non speaking order
mpa
To
1. The Motor Accident Claims Tribunal/Special Sub Judge, Coimbatore.
2. The Section Officer
Vernacular Records Section
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA No.3019 and 3020 of 2014
S. KANNAMMAL, J
mpa
pre-delivery judgment in
CMA.No.3019 and 3020 of 2014
06.10.2021
https://www.mhc.tn.gov.in/judis/
