Madras High Court
N.Kuppammal vs G.Saravanan on 15 June, 2021
C.M.A.No.4370 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4370 of 2019
(Through Video Conferencing)
N.Kuppammal ... Appellant
Vs.
1.G.Saravanan
2.The Manager,
The Oriental Insurance Co. Ltd.,
No.173, J.N.Road,
Tiruvallur. ... Respondents
(The first respondent was set exparte
in the lower Court)
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree made in
M.C.O.P.No.61 of 2012 dated 10.12.2015 on the file of the Sub Judge,
Thiruttani / Motor Accident Claims Tribunal, Thiruttani.
For Appellant : Mr.Anand and Suryas
For Second Respondent : Mr.S.Arunkumar
*******
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C.M.A.No.4370 of 2019
JUDGMENT
The claimant is the appellant in this Civil Miscellaneous Appeal.
She is aggrieved by the quantum of compensation awarded to her in the
impugned Judgment and Decree dated 10.12.2015 passed by the Motor
Accident Claims Tribunal (Subordinate Judge's Court, Thiruttani),
Thiruttani in M.C.O.P.No.61 of 2012.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.10,34,000/- as compensation together with interest
at 7.5% per annum from the date of claim petition till the date of deposit
to the appellant for the loss of her son. The appellant has filed this Civil
Miscellaneous Appeal for enhancement of compensation.
3. The appellant is the mother of the deceased N.Suresh who met
with an accident while he was riding his TVS Super XL bearing Reg.No.
TN-73-Z-7270 on Villupuram to Krishnapuram road, opposite to Soundar
land on 19.04.2010 at about 1.45 p.m. The accident said to have taken
place due to the rash and negligent driving of the driver of the Hero
Honda Splender Plus bearing Reg.No.TN-73-Z-8277 who was coming
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C.M.A.No.4370 of 2019
from opposite direction of the TVS Super XL driven by the deceased
N.Suresh. As a result of the accident, the deceased N.Suresh sustained
grievous injuries on head and all over his body and later succumbed to
the injuries at GGH on 23.04.2010 after the treatment.
4. Defending the impugned Judgment and Decree, the learned
counsel for the second respondent Insurance Company submits that the
impugned Judgment and Decree is well reasoned and the Tribunal has
awarded a just compensation.
5. I have heard the learned counsel for the appellant and the
learned counsel for the second respondent Insurance Company. I have
perused the evidences on record and the impugned Judgment and Decree
passed by the Tribunal.
6. It is noticed that while awarding the aforesaid compensation of
Rs.10,34,000/-, the Tribunal has not awarded any amounts towards future
prospects and at the same time has wrongly awarded a sum of
Rs.1,00,000/- towards loss of love and affection. Therefore, this Court is
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C.M.A.No.4370 of 2019
inclined to award 40% future prospects on the monthly income of
Rs.6,000/- arrived by the Tribunal and award a sum of Rs.40,000 under
the head of loss of filial consortium instead of Rs.1,00,000/- awarded by
the Tribunal under the head of loss of love and affection. Considering the
same, the compensation awarded by the Tribunal is re-computed as
follows:-
Amount of
Heads and Calculation compensation re-
quantified by this
Court
Income of the deceased : Rs.6,000/-
Add: Future prospectus at 40% *
(6,000 x 40/100) : Rs.2,400/-
---------------
: Rs.8,400/-
Less: Personal expenses
(8,400 x 1/3) : Rs.2,800/-
---------------
: Rs.5,600/-
Annual Income : 5,600 x 12 : Rs.67,200/-
Multiplier - 18 (67,200 x 18) : Rs.12,09,600/- Rs.12,09,600/-
Loss of Filial Consortium # Rs. 40,000/-
Funeral Expenses Rs. 15,000/-
Transportation Rs. 15,000/-
Total Rs.12,79,600/-
rounded off to
Rs.12,80,000/-
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C.M.A.No.4370 of 2019
* As per the decision of the Hon'ble Supreme Court in
National Insurance Company Limited Vs. Pranay
Sethi and Others, (2017) 16 SCC 680.
# As per the decision of the Hon'ble Supreme Court in
Magma General Insurance Company Limited Vs.
Nanuram @ Chuhru Ram and Others, (2018) 18
SCC 130.
7. Accordingly, the amount of compensation of Rs.10,34,000/-
awarded by the Tribunal is enhanced to Rs.12,80,000/-. The rest of the
observation in the impugned Judgment and Decree insofar as it allows the
second respondent Insurance Company to pay and recover the
compensation is concerned, is not disturbed in this Judgment.
8. Thus, the second respondent Insurance Company is directed to
deposit a sum of Rs.12,80,000/- together with interest at 7.5% per annum
from the date of claim petition till the date of deposit (except the default
period if any), less any amount already deposited, within a period of eight
weeks from the date of receipt of a copy of this Judgment.
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C.M.A.No.4370 of 2019
C.SARAVANAN, J.
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9. On such deposit, the appellant is permitted to withdraw the same
together with interest, less any amount already withdrawn, by filing
suitable application before the Tribunal.
10. Thus, this Civil Miscellaneous Appeal is partly allowed. No
cost.
15.06.2021
Index : Yes/No
Internet : Yes/No
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To
1.The Motor Accident Claims Tribunal,
(Subordinate Judge's Court, Thiruttani)
Thiruttani.
2.The Section Officer,
V.R. Section,
Madras High Court.
C.M.A.No.4370 of 2019
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