Madras High Court
Nagammal vs Karthick on 29 July, 2021
C.M.A.No.3820 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved Date : 29.07.2021
Pronounced Date : 06.08.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.3820 of 2019
1.Nagammal
2.Dineshkumar
3.Durgadevi
4.Perumayee .. Appellants
Vs.
1.Karthick
2.The Manager,
Reliance General Insurance Company Limited,
Sri Lakshmi Complex,
1st Floor, Bharathi Street,
Omalur Main Road,
Swarnapuri, Salem - 636 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
12.04.2018 made in M.C.O.P.No.1584 of 2015, on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Namakkal.
For Appellants : Mr.C.Thangaraju
For R2 : Ms.C.Bhuvanasundari
1/9
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C.M.A.No.3820 of 2019
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 12.04.2018 made in
M.C.O.P.No.1584 of 2015, on the file of the Motor Accidents Claims
Tribunal, Principal District Court, Namakkal.
3.The appellants are the claimants in M.C.O.P.No.1584 of 2015, on the
file of the Motor Accidents Claims Tribunal, Principal District Court,
Namakkal. The appellants are wife, son, daughter and mother of the
deceased. They filed the above said claim petition, claiming a sum of
Rs.30,00,000/- as compensation for the death of one Sivaprakasam, who died
in the accident that took place on 01.08.2015.
4. According to appellants, on 01.08.2015 at about 9.30 P.M, while the
said Sivaprakasam was walking on the left side of the Salem to Karur N.H.
Salai Konur, near to Jayadevi Kozhipannai, the driver of the motor cycle
bearing Registration No.TN 28 AY 3029, came in a rash and negligent
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C.M.A.No.3820 of 2019
manner and dashed against the deceased. In the accident, the said
Sivaprakasam sustained fatal injuries and died on the way to hospital.
Therefore, the appellants filed the above said claim petition claiming a sum
of Rs.30,00,000/- as compensation for the death of the said Sivaprakasam
against the respondents, being the owner and insurer of the motorcycle
respectively.
5.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent riding by
the rider of the Hero Honda Passion motorcycle owned by 1st respondent and
directed the 2nd respondent-Insurance Company to pay a sum of
Rs.10,15,000/- as compensation to the appellants.
6.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
7.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 45 years, working as an Assistant
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C.M.A.No.3820 of 2019
Manager in Jayadevi Hatcheries and was earning a sum of Rs.16,000/- per
month. To prove the same, the appellants produced Ex.P21/Income Tax
Returns for the year 2015 – 2016, Ex.P22/Authorisation letter, Ex.P23/Salary
certificate, Exs.P24 to 28/Salary statement & cash voucher and examined the
employer of the deceased, Mohan as P.W.3. But the Tribunal fixed a meagre
sum of Rs.6,000/- per month as notional income of the deceased. The
Tribunal failed to award any compensation towards loss of love & affection
and prayed for enhancement of compensation.
8.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the appellants 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, a sum
of Rs.6,000/- per month fixed by the Tribunal as notional income of the
deceased is not meagre. The Tribunal after considering both oral and
documentary evidence in proper perspective has granted just 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.3820 of 2019
9.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.
10. From the claim petition filed by the claimants, it is seen that at the
time of accident, the deceased was aged 45 years, working as an Assistant
Manager in Jayadevi Hatcheries and was earning a sum of Rs.16,000/- per
month. To prove the same, the appellants produced Ex.P21/Income Tax
Returns for the year 2015 – 2016, Ex.P22/Authorisation letter, Ex.P23/Salary
certificate, Exs.P24 to 28/Salary statement & cash voucher and examined one
Mohan, Accountant at Jayadhevi Hatcheries as P.W.3. The Tribunal
considering the evidence of P.W.3 and contents of Ex.P21 to 28 held that all
the documents were created for the purpose of this case and rejected the said
documents and fixed a sum of Rs.6,000/- per month as notional income of the
deceased. The accident is of the year 2015. The cost of living has increased
enormously and salary of even unskilled workers has increased substantially.
Hence, a sum of Rs.8,000/- per month is fixed as notional income of the
deceased. As per Ex.P6/postmortem certificate and Ex.P7/death certificate,
the deceased was aged 45 years at the time of accident. The Tribunal
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C.M.A.No.3820 of 2019
following the judgment of the Hon'ble Apex Court reported in 2009 (2)
TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport
Corporation & another] and 2017 (2) TNMAC 609 (SC), [National
Insurance Company Limited Vs. Pranay Sethi and others], rightly applied
multiplier '14' and awarded 25% compensation towards future prospects.
There are four dependants of the deceased and the Tribunal has rightly
deducted 1/4th towards personal expenses of the deceased. Thus, by fixing
Rs.8,000/- per month as notional income of the deceased, the compensation
awarded by the Tribunal towards loss of dependency is modified to
Rs.12,60,000/- [Rs.8,000/- + Rs.2,000/- (25% of Rs.8,000/-)] X 12 X 14 X
3/4]. The Tribunal has not awarded any compensation towards loss of love &
affection to the appellants 2 to 4 and transport expenses. A reasonable sum of
Rs.40,000/- each is granted towards loss of love & affection to the appellants
2 to 4 and Rs.15,000/- is granted towards transport expenses. This Court is of
the considered view that the amounts awarded by the Tribunal towards loss of
estate, funeral expenses and loss of consortium to 1st appellant are just and
reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
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C.M.A.No.3820 of 2019
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
1. Loss of dependency 9,45,000/- 12,60,000/- Enhanced
2. Loss of estate 15,000/- 15,000/- Confirmed
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Loss of consortium 40,000/- 40,000/- Confirmed
to 1st appellant
5. Loss of love & - 1,20,000/- Granted
affection to the
appellants 2 to 4
(Rs.40,000/- each)
6. Transport expenses - 15,000/- Granted
Total Rs.10,15,000/- Rs.14,65,000/- Enhanced by
Rs.4,50,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.10,15,000/- is hereby
enhanced to Rs.14,65,000/- 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 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.No.1584 of 2015, on the file
of the Motor Accidents Claims Tribunal, Principal District Court, Namakkal.
On such deposit, the appellants are permitted to withdraw their respective
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C.M.A.No.3820 of 2019
share of the award amount now determined by this Court, as per the ratio of
apportionment fixed by the Tribunal, along with proportionate interest and
costs, less the amount if any, already withdrawn by making necessary
applications before the Tribunal. No costs.
06.08.2021
mpa
Index : Yes / No
Internet : Yes / No
To
1.The Principal District Judge,
Motor Accident Claims Tribunal,
Namakkal.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.3820 of 2019
S.KANNAMMAL, J.
mpa
Pre-delivery Judgment
in
C.M.A.No.3820 of 2019
06.08.2021
https://www.mhc.tn.gov.in/judis/
