Madras High Court
Vetrayan vs P.Arumugam on 23 July, 2021
C.M.A.No.1984 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1984 of 2021
1.Vetrayan
2.Shantha .. Appellants
Vs.
1.P.Arumugam
2.The Manager,
Cholamandalam MS General Insurance Company Ltd,
Registered Office, Dare House,
No.2, N.S.C.Bose Road,
Chennai-600 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
05.04.2018 made in M.C.O.P.No.240 of 2017 on the file of the Motor
Accident Claims Tribunal, Special District Court, Krishnagiri.
For Appellants : Mr.S.P.Yuaraj
For R2 : M/s.S.Harini
1/8
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C.M.A.No.1984 of 2021
JUDGMENT
The matter is heard through “Video Conferencing”.
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 05.04.2018 made in
M.C.O.P.No.240 of 2017 on the file of the Motor Accident Claims Tribunal,
Special District Court, Krishnagiri.
2.The appellants are the claimants in M.C.O.P.No.240 of 2017 on the
file of the Motor Accident Claims Tribunal, Special District Court,
Krishnagiri. They filed the above said claim petition, claiming a sum of
Rs.30,00,000/- as compensation for the death of their son viz., Govindasamy,
who died in the accident that took place on 04.01.2016.
3.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 1st respondent and directed both the 1st
respondent and 2nd respondent-Insurance Company are jointly and severally
liable to pay a sum of Rs.13,90,800/- as compensation to the appellants.
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C.M.A.No.1984 of 2021
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that at
the time of accident, the deceased was aged 24 years and working as driver
and was earning a sum of Rs.25,000/- per month. But the Tribunal fixed a
meagre sum of Rs.9,000/- per month as notional income of the deceased. The
Tribunal ought to have fixed monthly income of the deceased at Rs.25,000/-
as claimed by the appellants. Further, the Tribunal failed to award any
amount towards loss of love & affection and transportation and prayed for
enhancement of the compensation.
6.Per contra, M/s.S.Harini, learned counsel appearing for the 2nd
respondent-Insurance Company contended that the appellants have failed to
prove the avocation and income of the deceased by producing valid
documents. In the absence of any material evidence with regard to avocation
and income of the deceased, a sum of Rs.9,000/- per month fixed by the
Tribunal as notional income of the deceased is not meagre. The amounts
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C.M.A.No.1984 of 2021
awarded by the Tribunal under different heads are not meagre. The Tribunal
considering the entire materials on record, awarded a sum of Rs.13,90,800/-
as compensation to the appellants which is excessive. The appellants have not
made out any case for enhancement of compensation and prayed for dismissal
of the appeal.
7.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 recod.
8.From the materials available on record, it is seen that it is the
contention of the appellants that at the time of accident, the deceased was
aged 24 years, working as driver and was earning a sum of Rs.25,000/- per
month. The appellants failed to prove the avocation and income of the
deceased. In the absence of any material evidence with regard to avocation
and income of the deceased, the Tribunal has fixed only a sum of Rs.9,000/-
per month as notional income of the deceased. The accident occurred in the
year 2016 and the monthly income fixed by the Tribunal is meagre.
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C.M.A.No.1984 of 2021
Considering the year of accident, age and nature of work done by the
deceased, a sum of Rs.12,000/- per month is fixed as notional income of the
deceased. Following the judgments of the Hon'ble Apex Court reported in
2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs.
Pranay Sethi and others] and 2009 (2) TNMAC 1 SC Supreme Court,
[Sarla Verma & others Vs. Delhi Transport Corporation & another], the
Tribunal granted 40% enhancement towards future prospects of the deceased
and applied multiplier '18' and the same are proper. The deceased was a
bachelor at the time of accident and the Tribunal has rightly deducted 50%
towards personal expenses of the deceased. Thus, the amount awarded by the
Tribunal towards loss of dependency is modified to Rs.18,14,400/-
{Rs.16,800/- [(Rs.12,000/- + Rs.4,800/- (40% of Rs.12,000/-)] x 12 x 18 x
½}. The Tribunal has not awarded any amount towards loss of love &
affection and transportation. Therefore, the appellants are entitled to a sum of
Rs.90,000/- and Rs.10,000/- towards loss of love & affection and
transportation respectively. Therefore, the compensation awarded by the
Tribunal under other heads are just and reasonable and hence, the same are
confirmed. Thus, the compensation awarded by the Tribunal is modified as
follows:
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C.M.A.No.1984 of 2021
S. Description Amount Amount Award
N awarded by awarded by confirmed or
o Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of dependency 13,60,800/- 18,14,400/- Enhanced
2. Loss of love and affection - 90,000/- Granted
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Loss of estate 15,000/- 15,000/- Confirmed
5. Transportation - 10,000/- Granted
Total Rs.13,80,800/- Rs.19,44,400/- Enhanced by
Rs.5,63,600/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.13,80,800/- is hereby
enhanced to Rs.19,44,400/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. Both the 1st respondent
and 2nd respondent-Insurance Company are directed to deposit the award
amount now determined by this Court, along with interest and costs, less the
amount already deposited, if any, within a period of four weeks from the date
of receipt of a copy of this judgment to the credit of M.C.O.P.No.240 of 2017
on the file of the Motor Accident Claims Tribunal, Special District Court,
Krishnagiri. On such deposit, the appellants are permitted to withdraw their
respective share of the award amount now determined by this Court, as per
the ratio of apportionment fixed by the Tribunal, along with proportionate
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C.M.A.No.1984 of 2021
interest and costs, less the amount if any, already withdrawn by making
necessary applications before the Tribunal. No costs.
23.07.2021
gbi
Index : Yes / No
Internet : Yes / No
To
1.The Special District Judge,
Motor Accident Claims Tribunal,
Krishnagiri.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1984 of 2021
S.KANNAMMAL, J.
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C.M.A.No.1984 of 2021
23.07.2021
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