Madras High Court
S.Dhanalakshmi vs E.Mohan on 23 June, 2021
CMA No.2644 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.06.2021
CORAM
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal No. 2644 of 2014
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1.S.Dhanalakshmi
2.Minor S.Saranraj
3.Minor S.Saranya, minor petitioners are
represented by their Mother and Next Friend Mrs.Dhanalakshmi
4.M.Perumal
5.P.Rani .. Appellants/petitioners
Versus
1.E.Mohan
2.M/s.Iffko-Tokyo General Insurance Company Limited,
No.28, (Old No.195) 1st and 2nd Floor,
North Usman Road, T.Nagar, Chennai-17. .. Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
Act 1988, against the Judgment and Decree dated 15.06.2012 made in M.C.O.P.
No. 4210 of 2007 on the file of the Motor Accident Claims Tribunal, Small
Causes Court, Chennai.
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CMA No.2644 of 2014
For Appellant : No appearance
For R2 : Mr.N.Vijaya Raghavan
For R1 : Set Exparte
JUDGMENT
This civil miscellaneous appeal has been filed by the appellants/claimants
for enhancement of compensation awarded by the Motor Accident Claims
Tribunal, Small Causes Court, Chennai, in M.C.O.P. No. 4210 of 2007 dated
15.06.2012.
2. As per the averments in the claim petition filed before the Tribunal,on
14.10.2007 at about 15.30 hrs while the deceased was proceeding in the motor
cycle bearing registration number TN 20 AB 4086 from 2nd street, Nesamani
Nagar, Perumbakkam towards Nesamani Nagar Main Road Junction, a tipper
lorry bearing registration number TN 05 C 8826 came in a rash and negligent
manner in a reverse direction to the Nesamani Nagar 2nd Street and hit the
deceased which led to the death of the deceased. The claimants are the wife,
minor children of the deceased and parents of the deceased. The claimants
claimed a sum of Rs.15,00,000/- towards the compensation for the death of the
deceased/P.Shanmugam.
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CMA No.2644 of 2014
3. Before the Tribunal, the first respondent remained ex-parte and the 2 nd
respondent insurance company filed counter by denying the manner of accident
as alleged in the claim petition. The Insurance Company resisted the claim
petition by stating that the deceased failed to observe traffic on the road and
tried to cross the junction and in that process the deceased dashed against the
said lorry and the deceased was solely responsible for the said accident. Even
though the insurance company is the insurer of the offending vehicle,
contributory negligence is there on the part of the deceaseed. The Insurance
Company also disputed the age and occupation of the deceased and also the
amount of compensation claimed under various heads.
4. In order to prove the claim, on the side of claimants, the first claimant
was examined as P.W.1, one Mr.E.Parthasarathy, was examined as P.W.2 and 7
documents were marked viz., Ex.P.1 to P.7. On the side of the second
respondent, one Mr.Sanjay Kumar was examined as R.W.1 and three documents
were marked viz., Ex.R1 to R3.
5. The Tribunal after analysing the entire evidence available on record
came to the conclusion that the accident was occured due to the rash and
negligent driving of the driver of the Tripper Lorry belongs to the first
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CMA No.2644 of 2014
respondent and insured with the second respondent and passed an award for a
sum of Rs.7,68,500/- under the various heads.
6. Not being satisfied with the award passed by the Tribunal, the present
appeal has been filed by the claimants for enhancement of compensation.
7. The learned counsel for the appellant would submit that the Tribunal
has fixed only Rs.4,500/- per month for the deceased who was working as
mason and the same requires interference of this court. He further submitted that
award amount towards love and affection, loss of expectation of life are also
meagre and the same needs enhancement.
8. The learned counsel for the 2nd respondent would submit that award
amount passed by the Tribunal is perfectly in order and the same may be
confirmed.
9. Heard the counsel for both sides and perused the materials placed on
record. The Tribunal, on appreciation of the oral and documentary evidence,
awarded compensation under various heads as under.
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CMA No.2644 of 2014
Sl.No Head under which the Amount awarded by
amount is awarded the Tribunal(in Rs.)
1 Pecuniary loss Rs.6,88,500/-
2 Loss of Consortium Rs.20,000/-
3 Loss of Love and affection Rs.40,000/-
4 Funeral Expenses Rs.10,000/-
5 Loss of Expectation of Life Rs.10,000/-
Total Rs.7,68,500/-
10. Admittedly the accident was of the year 2007 and the deceased as a
mason would have definitely earned a sum of Rs.6,500/- per month. Hence, this
Court is inclined to take the monthly income as Rs.6,500/-. If Rs.6,500/- is taken as
the monthly income, the annual income would be arrived at Rs.78,000/-. As the
claimant was aged about 28 years at the time of accident, 40% of the amount has to
be added towards future prospects. In such case, the annual income of the deceased
will scale up to (Rs.9,100 x 12=1,09,200/-). Since the deceased was aged 28 years
at the time of accident, the correct multiplier is “17” and in which, 1/4th is to be
deducted since there are five claimants.Accordingly the loss of income comes to
Rs.18,56,400/- out of which, if 1/4th is deducted, the total pecuniary loss comes to
Rs.13,92,300/-.
11. The Tribunal towards loss of consortium has awarded Rs.20,000/- and
Rs.40,000/- towards loss of love and affection. As per the decision in the case of
National Insurance Company Limited vs. Pranay Sethi and others reported in
(2017) 16 Supreme Court Cases 680, Rs.40,000/- has to be awarded towards
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CMA No.2644 of 2014
loss of consortium and loss of love and affection. Hence, an amount of
Rs.40,000/- is awarded under the head of loss of corsortium and Rs.1,60,000/- is
awarded under the head of loss of love and affection i.e., Rs.40,000/- each for
the respondents 2 to 5/claimants. The Tribunal has not awarded any
compensation towards transportation and this Court is inclined to award
Rs.10,000/- towards transportation. This Court is also inclined to award
Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of expectation
of life instead of Rs.10,000/- each awarded by the Tribunal. Accordingly, this Civil
Miscellaneous Appeal is Allowed. No costs. The compensation awarded by the
Tribunal is modified as follows:
Sl.No Head under which Amount Amount Award
the amount is awarded by the awarded by confirmed or
awarded Tribunal(in this enhanced or
Rs.) Court (in Rs.) granted
1 Pecuniary loss Rs.6,88,500/- Rs.13,92,300/- enhanced
2 Loss of Consortium Rs.20,000/- Rs.40,000/- enhanced
3 Loss of Love and Rs.40,000/- Rs.1,60,000/- enhanced
affection
4 Transportation - Rs.10,000/- Now granted
5 Funeral Expenses Rs.10,000/- Rs.15,000/- enhanced
6 Loss of Rs.10,000/- Rs.15,000/- enhanced
Expectation of Life
Total Rs.7,68,500/- Rs.16,32,300/- Enhanced to
Rs.8,63,800/-
12.In the result, this Civil Miscellaneous Appeal is Allowed and the
compensation awarded by the Tribunal at Rs.7,68,500/- is hereby enhanced to a
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CMA No.2644 of 2014
sum of Rs.16,32,300/- with interest and costs. The second respondent/Insurance
Company is directed to deposit the enhanced award amount, with interest and
costs, less the amount already deposited, if any, within a period of six weeks
from the date of receipt of a copy of this order. On such deposit, the first
appellant is entitled to a sum of Rs.8,16,150/- as compensation being the wife of
the deceased; the appellants 2 and 3 are entitled to a sum of Rs.2,44,845/- each,
being the children of the deceased and the fourth and fifth appellant are entitled
to a sum of Rs.1,63,230/-each as compensation, being the father and mother of
the deceased. On such deposit, the appellants one, fourth and fifth/claimants are
permitted to withdraw their respective share amount, with interest and costs.
The share of the minor appellants 2 and 3 are directed to deposit in any one of
the nationalized bank as fixed deposit, till they attain majority. The first
appellant/claimant, being the mother of the minor appellants 2 and 3, is
permitted to withdraw the interest amount once in every three months for the
welfare of the minor appellants/claimants 2 and 3, till they attain majority. The
appellants/claimants shall pay the necessary Court fee, if any for the enhanced
award amount. No costs.
23.06.2021
Index : Yes / No
mpa
Note: Issue order copy on 25.06.2021
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CMA No.2644 of 2014
S. KANNAMMAL, J
mpa
To
1. The Motor Accident Claims Tribunal, Small Causes Court, Chennai.
2. The Section Officer
Vernacular Records Section
High Court, Madras.
CMA.No.2644 of 2014
23.06.2021
https://www.mhc.tn.gov.in/judis/
