Madras High Court
S. Sudalimuthupandian vs D. Rahim Sheriff on 21 June, 2021
CMA No.1341 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.1341 of 2016
1. S. Sudalimuthupandian
2. S. Bala Logesh (minor)
3. S. Bala Srithar (minor)
Minors are rep. By father and natural guardian
Sudalimuthupandian ... Appellants
Versus
1.D. Rahim Sheriff
2. The New India Assurance Co. Ltd.,
No.372, TTK Road,
Alwarpet Road,
Chennai – 18. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the decree and judgment dated 02.04.2014 made in
MCOP No.906 of 2010 on the file of Motor Accident Claims Tribunal
(Special Sub Court – I), Chennai.
For Appellants : Mr.K.Varadhakamaraj
For Respondents : Ms.R.Sreevidhya for R2
R1 - Exparte
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CMA No.1341 of 2016
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the claimants seeking enhancement
of compensation under the impugned award dated 02.04.2014 passed by
the Motor Accidents Claims Tribunal, Special Sub Court, Chennai in
MCOP No.906 of 2020.
2. The Motor Accident Claims Tribunal, Special Sub Court,
Chennai under the impugned award directed the respondents to pay the
appellants / claimants a total compensation of Rs.33,56,200/- together
with interests and costs as detailed hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
Pecuniary loss 30,91,200
Rs.16,100 x 12 x 16
Consortium 50,000
Love and affection 2,00,000
Funeral expenses 15,000
Total 33,56,200
4. Heard Mr.K. Varadha Kamaraj, learned counsel for the
appellants / claimants and Ms.R.Sreevidha, learned counsel for the 2nd
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CMA No.1341 of 2016
respondent / Insurance Company. R1 was set ex-parte before the
Tribunal, hence notice to R1 is dispensed with.
5. This Court has perused the materials and evidence available on
record before the Tribunal.
6. The deceased at the time of the accident was working as a
Lecturer in Anna University, Chennai and was aged 36 years. Her Salary
certificate was marked as Ex.P33 before the Tribunal, which confirms
that she was earning Rs.23,378/-p.m., on the date of the accident.
However, the Tribunal has erroneously fixed her monthly income as
Rs.16,100/-. The nature of the avocation of the deceased as well as her
salary slip, which was marked as Ex.P.33 have not been disputed by the
respondents before the Tribunal. Therefore, the Tribunal ought to have
accepted the monthly income of the deceased disclosed in Ex.P.33 salary
slip which is Rs.23,378/-. Therefore, this Court enhances, the monthly
income of the deceased from Rs.16,100/- to Rs.23,378/-. The deceased
was aged 36 years at the time of the accident. Her age has also not been
disputed by the respondents before the Tribunal. However, the Tribunal
has erroneously adopted 16 multiplier instead of the correct multiplier of
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CMA No.1341 of 2016
15, which has to be adopted for a person aged 36 years. The Tribunal has
erroneously failed to award any compensation towards loss of future
prospects to the appellants / claimants, which they are legally entitled to.
The deceased was a Lecturer at Anna University at the time of the
accident. Hence, as per the settled law, the loss of future prospects has to
be assessed at 50%. Accordingly, this Court awards a compensation
towards loss of future prospects at 50%. The appellants / claimants are
the husband and two children of the deceased Prema Rajeswari. Since,
the dependants are three in number, 1/3rd will have to be deducted
towards personal expenses of the deceased. Accordingly, the same is
deducted by this Court. Therefore, this Court enhances the pecuniary
loss suffered by the appellants / claimants from Rs.30,91,200/- to
Rs.42,08,040/-, as detailed hereunder :
Rs.23,378/- + 50% = Rs.35067 Less Rs.11689/- = Rs.23,378/-
x 12 x 15 = Rs.42,08,040/-
7. The Tribunal has awarded a compensation of Rs.50,000/-
towards loss of consortium, which is on the higher side and not in
accordance with the settled law and accordingly, this Court reduces the
same to Rs.40,000/-.
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CMA No.1341 of 2016
8. The Tribunal has awarded an excess compensation of
Rs.2,00,000/- towards loss of love and affection, which has to be
necessarily reduced in accordance with the settled law. Accordingly, this
Court awards a compensation of Rs.40,000/- to each of the minor
children (2 x Rs.40,000/-) towards loss of love and affection instead of
Rs.2,00,000/- fixed by the Tribunal.
9. The Tribunal has failed to award any compensation towards loss
of estate which the appellants / claimants are legally entitled to. In
accordance with the settled law, this Court fixes the compensation
towards loss of estate at Rs.15,000/-.
10. The Tribunal has awarded a compensation of 15,000/- towards
funeral expenses, which is in accordance with the settled law and the
same is confirmed by this Court.
11. For the foregoing reasons, the award of the Tribunal is hereby
enhanced in the following manner :
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CMA No.1341 of 2016
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Pecuniary loss 3091200 4208040
*Rs.16,100 x 12 x 16 * #
#Rs.23,378/- + 1/2 - 1/3rd
Less Rs.11689/- =
Rs.23,378/-
x 12 x 15 =
Rs.42,08,040/-
Consortium 50000 40000
Love and affection 200000 80000
Funeral expenses 15000 15000
Loss of estate - 15000
Total 3356200 4358040
12. In the result, the appeal filed by the appellants / claimants,
stands partly allowed by enhancing the compensation from
Rs.33,56,200/- to Rs.43,58,040/-, as indicated above. No costs.
13. The second respondent / Insurance Company is directed to
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the amount, if any, already deposited to the credit of
MCOP No.906 of 2010 on the file of Motor Accident Claims Tribunal
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CMA No.1341 of 2016
(Special Sub Court – I), Chennai, within a period of eight weeks from
the date of receipt of a copy of this Judgment. On such deposit being
made, the Tribunal is directed to transfer the award amount directly to the
bank account of the major appellants / claimants through RTGS, within
a period of two weeks thereafter as per the ratio of apportionment fixed
by the Tribunal. Insofar as the share of the second and third appellants /
minor claimants are concerned, the same shall be deposited in Fixed
deposit in any one of the Nationalized Banks, till they attain the age of
majority and the interest accrued thereon shall be withdrawn by the
guardian of the minor claimants once in three months, directly from the
Bank. If the minor claimants have attained the age of majority, it is open
to them to file formal petition before the Tribunal to get their share of
apportionment. Necessary Court fee, if any has to be paid by the
appellants before receiving the copy of this Judgment.
21.06.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
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CMA No.1341 of 2016
ABDUL QUDDHOSE, J.
vsi2
To
1.The Judge,
Special Sub Court – I
Motor Accident Claims Tribunal,
Chennai.
2. The Section Officer,
V.R. Section
High Court of Madras, Chennai - 104.
CMA No.1341 of 2016
21.06.2021
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