Madras High Court
Sakundhala vs M.Aruna on 17 June, 2021
C.M.A.No.1879 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1879 of 2020
Sakundhala
W/o.Late Anantharaman
... Appellant/Petitioner
Vs.
1.M.Aruna W/o.Vengaiah
2.United India Ins. Co. Ltd.
Motor Third Party Claims Cezll Hub,
Old No.40-42, New No.134, Silling Building,
Greams Road, chennai – 600 006.
....Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to enhance the amount awarded in
M.C.O.P.No.1150 of 2017 dated 14.11.2019 on the file of the Motor
Accident Claims Tribunal, (Small Causes Court, Special Sub Judge
No.1), Chennai and prayed for with interest and cost.
For Appellant : Mr.K.Varadhakamaraj
For Respondent-1 : NA
For Respondent-2 : Mrs.Rathna Thara
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C.M.A.No.1879 of 2020
JUDGMENT
The mother of the deceased is the appellant in this appeal. She has
filed this appeal for enhancement of compensation awarded by the
Tribunal in the impugned Judgment and decree dated 14.11.2019.
2. By the impugned Judgment, the Tribunal has awarded a sum of
Rs.12,40,180/- as detailed below;
S.No. Heads of Compensation Amount Awarded by
the Tribunal
1 Loss of dependency Rs.11,55,180/-
2 Loss of Love and Affection Rs.50,000/-
3 Loss of Estate Rs.15,000/-
4 Transport charges Rs.5,000/-
5 Funeral Expenses Rs.15000/-
Total Rs.12,40,180/-
3. The learned Counsel for the appellant submits that the Tribunal
has committed in error in adopting net income of the deceased for
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C.M.A.No.1879 of 2020
computing the compensation towards loss of dependency. The learned
Counsel further submits that as per the decision of the Hon'ble Supreme
Court in Sarla Verma (Smt) and Others Vs. Delhi Transport
Corporation and Another, (2009) 6 SCC 12, the deduction towards
personal expenses could have been only 1/3 and not 50% and therefore,
he prays for enhancement of the compensation awarded by the Tribunal.
4. The learned Counsel for the 2nd respondent/Insurance Company
submits that the Tribunal has awarded just compensation and therefore,
the award amount may be confirmed and the present appeal may be
dismissed. He would further submit that the appellant/claimant is a 70
years old lady and therefore, split multiplier ought to have been adopted
and thereby, he prays for dismissal of the appeal.
5. In my view, the Tribunal ought to have considered the gross
income of the deceased to determine the correct compensation. Since,
only the appellant was the dependent of the deceased, the deduction
towards personal expenses of the deceased has to be 50% and not 1/3 as
submitted by the learned Counsel for the appellant.
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C.M.A.No.1879 of 2020
6. The amount awarded by the Tribunal towards loss of love and
affection (filial consortium) has to be reduced to Rs.40,000/- and not
Rs.50,000/- as per the decision of the Hon'ble Supreme Court in Magma
Insurance Company Limited Vs Nanuram @ Chuhruram and others,
(2018) 18 SCC 130.
7. In the result, the award amount is modified as follows:-
Heads and Calculation Amount
Loss of dependency:-
Monthly Income : Rs.13,000/-
Add: *Future Prospects at 25%
(13,000 x 25/100) : Rs. 3,250/-
----------------
: Rs.16,250/-
Less: Personal Expenses 1/2nd
(16,250 x 1/2) : Rs. 8,125/-
----------------
: Rs. 8,125/-
Annual Contribution to the family
(8,125 x 12) : Rs.97,500/-
Multiplier 13 (97,500 x 13) : Rs.12,67,500/- Rs.12,67,500/-
Loss of Love & Affection (Filial Consortium) Rs. 40,000/-
Loss of Estate Rs. 15,000/-
Transport charges Rs. 5,000/-
Funeral Expenses Rs. 15,000/-
Total Rs.13,42,500/-
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C.M.A.No.1879 of 2020
8. The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.13,42,500/- 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 eight weeks from the date of receipt of a copy of
this Judgment.
9. On such deposit being made by the 2nd respondent/Insurance
Company, the appellant/claimant is permitted to withdraw the amount
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal.
10.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs.
17.06.2021
ksa-2
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.1879 of 2020
C.SARAVANAN, J.
ksa-2
To:
1.The Motor Accident Claims Tribunal,
(Small Causes Court, Special Sub Judge No.1),
Chennai.
2.The V.R.Section,
Madras High Court, Madras.
C.M.A.No.1879 of 2020
17.06.2021
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