Madras High Court
Kamalakannan vs S.Govindhan on 18 June, 2021
C.M.A.No.1762 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1762 of 2016
1.Kamalakannan
2.Lakshmi
3.Pavithra (minor)
Rep. by her next friend /
Father/natural guardian,
the first petitioner,
herein)
... Appellants
..Vs..
1.S.Govindhan
(Given up)
2.The Branch Manager,
Reliance General Insurance,
No.89, 100 feet Road, Vivyan Plaza,
Ground Floor, Mudaliarpet,
Puducherry – 605 004. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Award and decree dated 24.10.2014 in
M.C.O.P.No.351 of 2011 on the file of the Motor Accidents Claims
Tribunal, Principal District Judge, Puducherry.
1/8
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C.M.A.No.1762 of 2016
For Appellant : Mr.R.Sreedher
For Respondent 2 : Mr.S.Arunkumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimants
seeking enhancement of compensation under the impugned award dated
24.10.2014 passed by the Motor Accident Claims Tribunal (Principal
District Judge, Puducherry ) in MCOP.No.351 of 2011.
2. Heard Mr.R.Sreedher, learned counsel for the Appellants/claimants
and Mr.S.Arun kumar, learned counsel for the second respondent/ Insurance
Company.
3. The Appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred this Appeal seeking
for enhancement. Under the impugned award, the Tribunal directed the
second respondent to pay the Appellants/claimants a sum of Rs.3,50,000/-
as lumpsum compensation together with interests and costs for the death of
Bharath (minor).
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C.M.A.No.1762 of 2016
4. The deceased Bharath was a paramedical student, studying DMLT
and aged 17 years at the time of the accident. The age and the fact that the
deceased was a paramedical student has not been disputed by the second
respondent Insurance Company before the Tribunal. The accident happened
on 15.05.2011. The Appellants/claimants are the parents and the minor
sister of the deceased. The dependency of the Appellants/claimants have
also not been disputed by the second respondent/Insurance Company before
the Tribunal.
5. This Court has perused and examined the impugned Award and is
of the considered view that the Tribunal has erroneously awarded a meagre
compensation of Rs.3,50,000/- to the Appellants/claimants and the Tribunal
ought not to have fixed the same on lumpsum basis. The Tribunal ought to
have fixed the notional monthly income of the deceased and ought to have
awarded compensation towards loss of future prospects, Filial consortium,
loss of estate and funeral expenses in accordance with settled law.
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C.M.A.No.1762 of 2016
6. The deceased Bharath being a paramedical student and the accident
having happened on 15.05.20211, this Court fixes his notional monthly
income at Rs.5,000/-. This Court awards 40% towards future prospects and
adopts 15 multiplier as per the settled law for arriving at the compensation
towards loss of income. Since the deceased was a bachelor at the time of the
accident, this Court deducts 50% towards his personal expenses.
Accordingly, the loss of income is arrived at Rs.6,30,000/- (5000 + 40% =
7000 x 12 x 15 = 1260000 – 50%)
7. This Court also awards a compensation of Rs.80,000/- towards
filial consortium, Rs.15,000/- towards loss of estate and Rs.15,000/-
towards funeral expenses as per the settled law.
8. For the foregoing reason, the impugned award passed by the
Tribunal is modified as hereunder:
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C.M.A.No.1762 of 2016
Heads Amount
(Rs.)
Loss of Income 6,30,000/-
(5000 + 40% = 7000 x
12 x 15 = 1260000 –
50%)
Filial consortium 80,000/-
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
Total 7,40,000/-
9. Accordingly, the amount awarded by the Tribunal is enhanced from
Rs.3,50,000/- to Rs.7,40,000/-.
Conclusion:
10. In the result, this appeal shall stand partly allowed. The Second
Respondent Insurance Company is directed to deposit the amount awarded
by this Court i.e. Rs.7,40,000/- together with interest at the rate of 7.5% per
annum from the date of claim till the date of deposit and costs after
deducting the amount already deposited to the credit of MCOP.No.351 of
2011 within a period of four weeks from the date of receipt of a copy of this
Judgment. On such deposit being made, the Tribunal is directed to transfer
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C.M.A.No.1762 of 2016
the respective shares of the award amount lying to the credit of
MCOP.No.351 of 2011 to the bank account of the Appellants 1 & 2/
claimants 1 & 2 through RTGS as per the ratio apportioned by the Tribunal
within a period of one week thereafter. Since the third Appellant/third
claimant is a minor, her respective share of the award amount shall be
deposited in interest bearing fixed deposit in any one of the Nationalised
Banks, till she attains majority and the first respondent who is the mother
for the minor is permitted to withdraw the interest once in six months for the
welfare of the minor. If the minor has attained the age of majority, it is open
for her to file a formal petition to declare her as major. No costs.
18.06.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
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https://www.mhc.tn.gov.in/judis/
C.M.A.No.1762 of 2016
1. The Principal District Judge, Puducherry
2.The Section Officer
V.R.Section, High Court of Madras.
ABDUL QUDDHOSE, J.
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C.M.A.No.1762 of 2016
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C.M.A.No.1762 of 2016
18.06.2021
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