Madras High Court
Latha vs Ambedkar on 17 June, 2021
C.M.A.No.1470 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1470 of 2021
1.Latha
2.Minor Kruthika
3.Minor Deepika
4.Minor Kavya
(Minors 2 to 4 are represented by their mother
and natural guardian Mrs.Latha)
5.Gowribai
6.Muthusamy ... Appellants
Vs.
1. Ambedkar
2.The United India Insurance Company Limited,
Divisional Office,
No.73-C, M.T.H.Road, Ambattur,
Chennai-600 053. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the Judgment and Decree dated 14.12.2018
in M.AC.TO.P.No.155 of 2013, on the file of the Motor Accidents
Claims Tribunal, IV Additional District Judge, Ponneri.
For Appellants : Mr.F.Terry Chella Raja
for Mr.K.K.Ramesh
For Respondents : Ms.R.Sreevidhya for R2
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C.M.A.No.1470 of 2021
JUDGMENT
This Appeal has been filed by the appellants/claimants for
enhancement of compensation awarded by the Motor Accident Claims
Tribunal, IV Additional District Judge, Ponneri in M.A.C.TO.P.No.155 of
2013.
2. By the impugned judgment and decree, the Tribunal has
awarded a sum of Rs.15,10,000/- towards compensation, as detailed
below:
Sl.No. Heads of Compensation Amount Awarded by
the Tribunal
1 Loss of Dependency(Rs.7500/-x12x16) Rs.14,40,000/-
2 Loss of Estate Rs. 15,000/-
3 Funeral Expenses Rs. 15,000/-
4 Loss of Consortium Rs. 40,000/-
Total Rs.15,10,000/-
3. For awarding the aforesaid compensation, the Tribunal has
considered the monthly income of the deceased at Rs.10,000/- per month,
though no evidence regarding the monthly income of the deceased was
produced by the appellants/claimants before the Tribunal.
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C.M.A.No.1470 of 2021
4. The learned counsel for the appellants/claimants submits that the
Tribunal has not awarded any amount towards future prospects as per the
decision of the Hon'ble Supreme Court reported in National Insurance
Co. Ltd. Vs. Pranay Sethi and Others, (2017) 16 SCC 680. He further
submits that the Tribunal has also not awarded any amount towards loss
of love and affection or loss of parental consortium to the appellants 2
to 4, who have been minor children of the deceased Dilli Babu. He
submits that as per the decision of the Hon'ble Supreme Court in Magma
Insurance Company Limited Vs Nanuram @ Chuhruram and
others, (2018) 18 SCC 130, a sum of Rs.1,20,000/- has to be added to
the compensation amount.
5. Defending the impugned judgment and decree, the learned
counsel for the second respondent/Insurance Company submitted that the
Tribunal has awarded an excess amount of compensation by considering
the notional income of the deceased at Rs.10,000/- per month
eventhough, the appellants/claimants have failed to produce any
document to substantiate the aforesaid income. She further submits that
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C.M.A.No.1470 of 2021
the accident took place on 08.09.2005 and the claim petition has been
filed belatedly in the year 2013 and also the present appeal has been filed
with a delay of 360 days. She further submits that during 2005-2006,
the notional income of the deceased was considered at Rs.4500/- by the
Tribunal eventhough no seperate amount has been awarded towards
future prospects and towards loss of parental consortium to the appellants
2 to 4/claimants 2 to 4 and to the parents of the deceased Dillibabu. The
average compensation awarded by the Tribunal appears to be Just
compensation.
6. Heard Mr.F.Terry Chella Raja, learned counsel appearing for the
appellants/claimants and Ms.R.Sreevidhya, learned counsel appearing for
the second respondent/National Insurance Company Limited. I have also
perused the exhibits that were marked before the Tribunal and the
deposition of the parties herein.
7. The Tribunal has considered a sum of Rs.10,000/- as the
notional income of the deceased who was stated to be doing Waste Paper
Business in the claim petition. It is stated that the deceased was earning
a sum of Rs.500/- per day. As per the decision of the Hon'ble Supreme
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C.M.A.No.1470 of 2021
Court in the case of Syed Sadiq Vs. United India Insurance Co. Ltd.,
(2014) 2 SCC 735, the Hon'ble Supreme Court has considered the
notional income of the vegetable vendor as Rs.6500/- per month, to
award compensation to the vegetable vendor for the accident which took
place in the year 2008.
8. In my view, the Tribunal ought to have considered some amount
of notional income of the deceased, which awarded the aforesaid
compensation.
9. Considering the nature of avocation of the deceased, I am
inclined to consider the notional income of the deceased at Rs.7000/- per
month and re-confirm the compensation at Rs.13,44,000/- instead of
Rs.14,40,000/- towards loss of dependency. It is noticed that the
Tribunal has not awarded any compensation towards loss of parental
consortium and filial consortium. Apart from the 1 st appellant/1st
claimant, there are other appellants/claimants who are the three minor
children and the parents of the deceased Dilli Babu. In a decision of the
Hon'ble Supreme Court in the case of Magma Insurance Company
Limited Vs Nanuram @ Chuhruram and others, (2018) 18 SCC 13, a
sum of Rs.40000/- each has to be awarded towards parental consortium
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C.M.A.No.1470 of 2021
and filial consortium.
10. In the result, a sum of Rs.1,20,000/- and a sum of Rs.80,000/-
is awarded towards loss of parental consortium and filial consortium to
the appellants/claimants.
11. Accordingly, the compensation awarded by the Tribunal is
re-computed as follows:-
Sl. Heads of Amount Awarded Amount awarded Award
No. Compensation by the Tribunal by this Court confirmed or
enhanced or
reduced or
granted or set
aside
1 Loss of Rs.14,40,000/- Rs.14,11,200/- Reduced
Dependency (Rs.7,500/- (Rs.7,000+40/100-
x12x16) 1/4x12x16)
2 Loss of estate Rs. 15,000/- Rs. 15,000/- Confirmed
3 Funeral Rs. 15,000/- Rs. 15,000/- Confirmed
expenses
4 Loss of Rs. 40,000/- Rs. 40,000/- Confirmed
Consortium to
the 1st appellant
5 Loss of ----- Rs.1,20,000/- Granted
Parental (Rs.40,000/- each)
Consortium to
the 2nd to 4th
appellants
6 Loss of Filial ----- Rs. 80,000/- Granted
Consortium to
the 5th and 6th
appellants
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C.M.A.No.1470 of 2021
Sl. Heads of Amount Awarded Amount awarded Award
No. Compensation by the Tribunal by this Court confirmed or
enhanced or
reduced or
granted or set
aside
Total Rs.15,10,000/- Rs.16,81,200/- Enhanced by
Rs.1,71,200/-
12. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.16,81,200/- after
deducting amount already deposited by it 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.
13. On such deposit being made by the 2nd respondent/Insurance
Company, the 1st 5th & 6th appellants/1st 5th & 6th claimants are permitted
to withdraw their respective shares in the same proportion as was ordered
by the Tribunal, together with interest accrued thereon, less the amount
already withdrawn if any, by filing suitable application before the
Tribunal.
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C.M.A.No.1470 of 2021
14. Since the 2nd to 4th appellants/2nd to 4th claimants are stated to
be minors at the time of filing of the claim petition, their shares shall be
deposited in an interest bearing account and the interest shall be allowed
to be withdrawn by the 1st appellant/1st claimant for the benefit of the
minors. On attaining the age of majority, the 2nd to 4th appellants/2nd to 4th
claimants may also file appropriate application for withdrawing their
shares of compensation.
15. There is a delay of 360 days in filing the appeal. Therefore, no
interest shall be paid on the enhanced amount of compensation during the
delay of 360 days alone.
16. This Civil Miscellaneous Appeal stands partly allowed with the
above observations and directions. No costs.
17.06.2021
dn
Index : Yes/No
Internet : Yes/No
To:
1.The Motor Accidents Claims Tribunal,
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C.M.A.No.1470 of 2021
IV Additional District Judge, Ponneri.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.1470 of 2021
C.SARAVANAN, J.
dn
C.M.A.No.1470 of 2021
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C.M.A.No.1470 of 2021
17.06.2021
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