G.Kaliyaperumal (Deceased vs Umesh Chand Jain
2021 Latest Caselaw 11754 Mad

Citation : 2021 Latest Caselaw 11754 Mad
Judgement Date : 16 June, 2021

Madras High Court

G.Kaliyaperumal (Deceased vs Umesh Chand Jain on 16 June, 2021

                                                                             C.M.A.No.346 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 16.06.2021

                                                    CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.346 of 2020

                 G.Kaliyaperumal (Deceased Petitioner)
                 1.K.Jothi
                 2.S.Jayalakshmi
                 3.K.Balakrishnan
                 4.K.Supriya                                             ... Appellants

                                                      Vs.

                 1.Umesh Chand Jain
                 2.The Reliance General Insurance Co. Ltd,
                   Reliance House, 6th Floor,
                   No.6, Haddows Road, Nungambakkam,
                   Chennai - 600 006.                                   ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree order dated
                 04.04.2018 made in M.C.O.P.No.2862 of 2010, on the file of the Motor
                 Accidents Claims Tribunal, II Judge, Small Causes Court, Chennai.

                                   For Appellant   : Mr.Anand and Suryas
                                   For Respondents : Mr.S.Arunkumar for R2
                                                     R1 Exparte




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https://www.mhc.tn.gov.in/judis/
                 Page No 1 of 6
                                                                           C.M.A.No.346 of 2020

                                               JUDGMENT

This appeal has been filed by the claimant for enhancement of

compensation. The appellant is aggreived by the compensation awarded

by the Tribunal in its judgment and decree dated 04.04.2018 in

M.C.O.P.No.2862 of 2010.

2.By the impugned judgment and decree, the Tribunal has awarded

a sum of Rs.4,65,000/- as compensation, by considering the age of the

deceased as 62 years at the time of his death. The appeal is predicated on

the following grounds:-

(i)the Tribunal has not awarded any amount towards attendant

charges;

(ii)the Tribunal has not awarded any amount towards Future

Prospect of 10%; and

(iii)the Tribunal wrongly considered the age of the deceased as 62

years instead of 59 years by considering the age in the postmortem

certificate.

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3.Defending the impugned judgment and decree, the learned

counsel for the 2nd respondent/Insurance Company submits that the

Tribunal has correctly determined the compensation by considering the

age at the time of the death and he submits that there is no dispute that at

the time of the death, the deceased was aged about 62 years and therefore

the applicable multiplier as per the decision of the Hon'ble Supreme

Court in Sarla Verma was applied.

4.Heard the learned counsel for the appellant and the respondent.

5.In my view, the Tribunal committed an error in considering the

age of the deceased as 62 years. The deceased met with an accident on

22.04.2010 and later died on 31.07.2013. If this case was considered as

the case of injury resulting in permanent disability compensation, the

Tribunal would have awarded compensation considering the age at the

time of the accident which was 59 years and not 62.

6.In view of the same, I am inclined to enhance the compensation

as detailed below:-

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Heads and Calculation Amount Monthly Income per month : Rs. 6,000/- Future Prospect 10% : Rs. 600/-

----------------

: Rs. 6,600/-

- Personal expenses 1/3 : Rs. 2,200/-

----------------

Rs. 4,400/-

                     Annual Income including
                     future prospect
                     (4,400 x 12)                        : Rs. 52,800/-
                     Multiplier 9 (52800 x 9)             : Rs.4,75,200/-
                                                     ------------------

Annual Contribution to the family Rs.4,75,200/-

Attenders charges during the period of treatment Rs.1,17,000/-

Loss of Love and affection Rs.1,20,000/- Medical expenses Rs. 50,000/-

Funeral Expenses Rs. 15,000/-

                     Loss of estate                                            Rs. 15,000/-
                     Transportation                                            Rs.    5,000/-
                                             Total                             Rs. 7,97,200/-

7.In the light of the above, this appeal stands partly allowed by

directing the 2nd respondent/Insurance Company to deposit a sum of

Rs.7,97,200/- together with interest at 7.5% per annum from the date of

numbering of the claim petition till the date of such deposit, less any

amount already deposited by it, within a period of six weeks from the

date of receipt of a copy of this Judgment.

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8.On such deposit being made by the 2nd respondent/Insurance

Company, the 1st appellant/1st claimant is permitted to withdraw the same

together with interest accrued thereon, less the amount already

withdrawn if any, by filing suitable application before the Tribunal.

9.Accordingly, this appeal stands partly allowed. No costs.