Madras High Court
Thangayi vs Karnan on 29 July, 2021
C.M.A.No.1828 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.1828 of 2020
1.Thangayi
2.Semmalai .. Appellants
Vs.
1.Karnan
2.National Insurance Company Limited,
Divisional Office - 2,
Balaji Towers,
11, Ramakrishna Road,
Salem - 636 007. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
01.02.2020 made in M.C.O.P.No.2013 of 2017, on the file of the Motor
Accidents Claims Tribunal, Special District Court, Salem.
For Appellants : Mr.J.Prithivi
For R2 : Mr.D.Bhaskaran
1/8
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C.M.A.No.1828 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 01.02.2020 made in
M.C.O.P.No.2013 of 2017, on the file of the Motor Accidents Claims
Tribunal, Special District Court, Salem.
3.The appellants are the claimants in M.C.O.P.No.2013 of 2017, on the
file of the Motor Accidents Claims Tribunal, Special District Court, Salem.
The appellants are mother and father of the deceased. They filed the above
said claim petition, claiming a sum of Rs.15,00,000/- as compensation for the
death of Sivaraj who died in the accident that took place on 18.07.2017.
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 Ashok Leyland Heavy Goods Vehicle owned by 1st
respondent and directed the 2nd respondent to pay a sum of Rs.9,37,200/- as
compensation to the appellants at first instance and then recover the same
from the 1st respondent.
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C.M.A.No.1828 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 aged 21 years, was completed his bachelor
degree in Zoology and was earning a sum of Rs.8,000/- per month by taking
home tution. 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 pillial consortium and prayed for enhancement of
compensation.
7.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. 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
considering entire materials on record, has awarded a sum of Rs.9,37,200/- as
compensation to the appellants, which is not meagre and prayed for dismissal
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C.M.A.No.1828 of 2020
of the appeal.
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 at the time of
accident the deceased was aged 21 years, completed his bachelor degree in
Zoology and was earning a sum of Rs.8,000/- per month by taking home
tution. The appellants have not filed any documents to prove their contention.
In the absence of any material evidence, the Tribunal fixed a sum of
Rs.6,000/- per month as notional income of the deceased. The accident is of
the year 2017 and the cost of living has increased enormously. Hence, a sum
of Rs.8,000/- per month is fixed as notional income of the deceased. The
deceased was aged 21 years at the time of accident. The Tribunal following
the judgment of the Hon'ble Apex Court reported in 2017 (2) TN MAC 609
(SC), [National Insurance Company Limited Vs. Pranay Sethi], rightly
applied multiplier '18' and granted 40% compensation towards future
prospects. The deceased died as a bachelor. Hence after deducting 50%
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C.M.A.No.1828 of 2020
towards personal expenses of the deceased, the amount awarded by the
Tribunal towards loss of dependency is modified to Rs.12,09,600/-
[(Rs.8,000 + 3,200 (Rs.8,000/- x 40%) x 12 x 18 x 1/2)]. The Tribunal has
not awarded any compensation towards pillial consortium and transport
expenses. A reasonable sum of Rs.80,000/- and Rs.10,000/- respectively are
granted towards pillial consortium and transport expenses. The amounts
awarded by the Tribunal towards funeral expenses and loss of estate are just
and reasonable and hence, the same is hereby confirmed.
S. Description Amount awarded Amount awarded Award
No by Tribunal by this Court confirmed or
(Rs) (Rs) enhanced or
granted
1. Loss of dependency 9,07,200/- 12,09,600/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of estate 15,000/- 15,000/- Confirmed
4. Pillial consortium - 80,000/- Granted
5. Transport expenses - 10,000/- Granted
Total Rs.9,37,200/- Rs.13,29,600/- Enhanced by
rounded off to Rs.3,92,800/-
Rs.13,30,000/-
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.9,37,200/- is hereby enhanced to
Rs.13,30,000/- together with interest at the rate of 7.5% per annum from the
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C.M.A.No.1828 of 2020
date of petition till the date of deposit. The 2nd respondent-Insurance
Company Limited, is directed to deposit the entire amount awarded by the
Tribunal along with interest and costs, at the first instance and recover the
same from the 1st respondent, 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.2013 of 2017, on the file of the Motor
Accidents Claims Tribunal, Special District Court, Salem. 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 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 now determined by this Court. No costs.
29.07.20
mpa
Index : Yes / No
Internet : Yes / No
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C.M.A.No.1828 of 2020
To
1.The Special District Judge,
Motor Accident Claims Tribunal,
Salem.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1828 of 2020
S.KANNAMMAL, J.
mpa
C.M.A.No.1828 of 2020
29.07.2021
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