Thamizharasi vs Ayub Khan
2021 Latest Caselaw 11781 Mad

                                                                        C.M.A.No.3066 of 2019

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 16.06.2021

                                                 CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                           C.M.A.No.3066 of 2019

                 1.Thamizharasi
                 2.Vijaya
                 3.Saritha
                 4.Lavanya

                 (As per amendment order in M.P.No.2491/2011
                 the third petitioner's name Savitha was amended as Saritha)
                                                                               ... Appellants

                                                    Vs.

                 1.Ayub Khan
                 No.85A, Ground Floor, 1st Main Road
                 Muniyappa Nagar
                 Nerkundran, Chennai 600 107

                 2.United India Insurance Co. Limited
                 Chander Plaza, 1st Floor
                 No.48, Arcot Road, Saligramam
                 Chennai 600 093                                         ... Respondents

                         Prayer: Civil Miscellaneous Appeal filed under Section 173 of
                 Motor Vehicles Act, 1988 against the judgment and decree dated
                 09.01.2018 made in M.C.O.P.No.6499 of 2014 on the file of the Motor
                 Accident Claims Tribunal / Special Sub Court No.2, Motor Accidents
                 Claims Petitions) Small Causes Court, Chennai and enhance the award

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                                                                            C.M.A.No.3066 of 2019

                 amount.
                                   For Appellants       : Mr.D.Pandiya

                                   For Respondents : R1 – Left
                                                     Mr.C.Paranthaman for R2


                                                      JUDGMENT

This appeal has been filed by the claimants for enhancement of

compensation awarded by the Motor Accident Claims Tribunal (Special

Sub Court No.2, Motor Accidents Cliams Petition) Small Causes Court,

Chennai vide judgment and decree dated 09.01.2018 made in

M.C.O.P.No.6499 of 2014.

2.The appellants are the wife and three daughters of the deceased

Manickam who had met with an accident and died. The Tribunal by its

impugned Judgment and decree has awarded a sum of Rs.10,04,120/- to

the appellants/claimants as compensation under the following heads:-

Sl.No. Particulars Amount

1. Age : 55 years Monthly income : Rs.9,650/-

Future prospects : 10% Annual Income : Rs.1,27,380/-

Loss of dependency : Rs.84,920/-

per annum

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Sl.No. Particulars Amount

Multiplier : 11

2. Loss of Dependency Rs.9,34,120/-

                       3.         Loss of Consortium                Rs. 40,000/-
                       4.         Loss of Estate                    Rs. 15,000/-
                       5.         Funeral Expenses                  Rs. 15,000/-
                                                              Total Rs.10,04,120/-

3.In this appeal the learned counsels for appellants submit that the

tribunal has wrongly deducted 1/3rd towards the personal expenses of the

deceased instead of 1/4th. It is further submitted that the tribunal has not

awarded any amount toward loss of parential consortium to other

appellants as per the decision of the Hon'ble Supreme Court in Magma

Insurance Company Limited Vs Nanuram @ Chuhruram and others

reported in (2018) 18 SCC 130.

4.Under these circumstances, the learned counsel for the appellants

submits that the award amount made in loss of dependency has to be

recomputed as Rs.10,50,885/- instead of Rs.9,34,120/- as below:

Rs.95,535/- x 11 = Rs.10,50,885/- instead of Rs.9,34,120/-

Therefore, he submits there has to be an enhancement in compensation

for a sum of Rs.1,16,765/- towards loss of dependency and another sum

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of Rs.1,20,000/- towards loss of filial consortium.

5.Defending the impugned judgment and decree, the learned

counsel for the 2nd respondent / United India Insurance Co. Limited

submits that the 2nd appellant was not a dependent of the deceased

Manickam and therefore the Tribunal has correctly deducted 1/3rd

towards personal expenses of the deceased while computing

compensation. He further submits that there is no basis on which further

amounts can be awarded towards loss of filial consortium and parential

consortium.

6.Heard the counsels for the appellants and the 2nd respondent.

Considering the defence, I have perused the impugned judment and

decree and the exhibits that were marked before the tribunal and the

deposition of the witnesses before the tribunal.

7.The present appeal has been filed only for enhancement of

compensation awarded by the Tribunal. In my view, the Tribunal ought

to have deducted only 1/4th towards personal expenses of the deceased as

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admittedly the 2nd appellant was not a dependent of the deceased even

according to the appellant. Therefore, there is no merit in the submission

of the learned counsel for the appellant. Accordingly, the compensation

awarded towards loss of dependency for a sum of Rs.9,34,120/- cannot

be enhanced to Rs.10,50,885/-. The Hon'ble Supreme Court has however

held that compensation towards filial and compensaton has to be awarded

in a case of death. Therefore ther shall be further addition of

Rs.1,20,000/-.

8.In the result, the award amount of Rs.10,04,200/- is enhanced by

a sum of Rs.1,20,000/- (Rupees One lakh Twenty Thouand only).

9.The 2nd respondent/ United India Insurance Co. Limited is

therefore directed to deposit the enhanced amount of compensation of

Rs.11,24,200/- (Rs.10,04,200 + Rs.1,20,000/-) (Rupees Eleven Lakhs

Twenty Four Thousand Two Hundred Only) 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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10. On such deposit being made by the 2nd respondent/ United

India Insurance Co. Limited, the appellants / claimants are permitted to

withdraw the same together with interest accrued thereon, less any

amount already withdrawn in the same proportion as it was ordered by

the Tribunal.

11.This Civil Miscellaneous Appeal allowed accordingly. No costs.

16.06.2021 kas

Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To

1.The Motor Accident Claims Tribunal Special Sub Court No.2 (Motor Accidents Claims Petitions) Small Causes Court, Chennai

2. United India Insurance Co. Limited Chander Plaza, 1st Floor No.48, Arcot Road, Saligramam Chennai 600 093

3.The Section Officer

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Vernacular Section Madras High Court

C.SARAVANAN, J kas

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16.06.2021

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