Madras High Court

Mala vs V. Babu on 23 June, 2021

CMA No.5 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

CMA No.5 of 2016

1. Mala
2. V. Murugavel (Minor)
3. V. Sathish (Minor)
2nd and 3rd appellants are
represented by their Mother
and next friend Mala ... Appellants
Versus

1. V. Babu
2. Royal Sundaram Alliance Insurance Co. Ltd.,
Subramaniam Building
2nd Floor,
No.1, Club House Road,
Anna Salai,
Chennai – 2. ... Respondents

Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 17.03.2015 made in
MACTOP No.3495 of 2013 on the file of the Motor Accidents Claims
Tribunal, Chief Judge, Small Causes, Chennai.

For Appellants : Mr. Terry Chella Raja
For Respondents : Mr.K.Vinod
for M/s.E.Veera Ravindran for R2
R1 - Exparte
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CMA No.5 of 2016

JUDGMENT

(Heard Video Conference)

This appeal has been filed by the claimants seeking enhancement

of compensation under the impugned award dated 17.03.2015 passed by

the Motor Accidents Claims Tribunal, Chief Judge, Small Causes,

Chennai in MACTOP No.3495 of 2013.

2. The Tribunal under the impugned award directed the

respondents to pay the appellants / claimants a compensation of

Rs.11,30,000/- together with interest and costs as detailed below :-

                                               Heads               Amount awarded
                                                                    by the Tribunal
                                                                         (Rs.)
                                   Loss of pecuniary benefits             9,00,000/-
                                   Rs.7500/- x 2/3x 12 x 15
                                   Loss of consortium                       50,000/-
                                   Loss of love and affection             1,50,000/-
                                   (Rs.50000/- x 3)
                                   Funeral expenses                         25,000/-
                                   Transportation charges                      5,000/-
                                   Total                                 11,30,000/-




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                                                                                    CMA No.5 of 2016

3. The appellants / claimants unsatisfied with the quantum of

compensation awarded by the Tribunal under the impugned award has

filed this appeal seeking for enhancement.

4. Heard Mr.Terry Chella Raja, learned counsel for the appellants /

claimants and Mr.K.Vinod, learned counsel for the 2nd 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 was aged 38 years on 07.06.2013 when the

accident happened and he was working as a Mason. The Tribunal has

assessed his notional monthly income at Rs.7,500/-. Even before the

Tribunal, the second respondent / Insurance Company has agreed that the

deceased would have been earning Rs.9,000/-p.m., on the date of the

accident, but however, this Court after giving due consideration to the

year of the accident which happened in the year 2013 is of the considered

view even that assessment made by the Insurance Company is not https://www.mhc.tn.gov.in/judis/

CMA No.5 of 2016

correct. According to this Court, a Mason in the year 2013 would have

earned a minimum of Rs.10,000/- p.m. Accordingly, the notional

monthly income of the deceased is increased to Rs.10,000/- from

Rs.7,500/- fixed by the Tribunal. The Tribunal has also failed to

award any compensation towards loss of future prospects to the

appellants / claimants which they are legally entitled to as per the settled

law. Hence, as per the settled law, the appellants/ claimants are entitled

to 40% towards loss of future prospects. The deceased was aged 38

years at the time of the accident, and accordingly, the Tribunal has

adopted the correct multiplier of 15. The appellants / claimants are the

wife and two minor children of the deceased and therefore, 1/3rd will

have to be deducted towards personal expenses of the deceased, which

the Tribunal has also rightly done so under the impugned award.

Accordingly, the loss of dependency will have to be enhanced by this

Court from Rs.9,00,000/- to Rs.16,80,120/- as detailed hereunder :

Rs.10,000/- + 40% = Rs.14,0000/- Less 1/3rd

x 12 x 15 = Rs.16,80,120/-

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CMA No.5 of 2016

7. As regards the compensation awarded by the Tribunal towards

transportation charges at Rs.5,000/- is concerned, the same will not arise

as it is a fatal accident claim. Hence, the same is set aside by this Court.

8. The Tribunal has also awarded a higher compensation of

Rs.25,000/- towards funeral expenses which has to be reduced to

Rs.15,000/- in accordance with the settled law as laid down in the

decision of the Hon'ble Supreme Court in the case of National

Insurance Company Limited vs. Pranay Sethi & others reported in

2017 16 SCC 680.

9. The Tribunal has also awarded a higher compensation towards

loss of consortium at Rs.50,000/- and towards loss of love and affection

at Rs.1,00,000/- which has to be reduced in accordance with the settled

law as per the aforesaid decision of the Hon'ble Supreme Court.

Accordingly, this Court reduces the compensation towards loss of

consortium to Rs.40,000/- and towards loss of love and affection only to

two minor children at Rs.40,000/- each totally amounting to Rs.80,000/-,

instead of Rs.50,000/- awarded to all the appellants / claimants .

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CMA No.5 of 2016

10. The Tribunal has also failed to award any compensation

towards loss of amenities to the appellants / claimants, which they are

legally entitled to. After giving due consideration to the same, this Court

awards a compensation of Rs.15,000/- towards loss of amenities.

11. For the foregoing reasons, the award of the Tribunal is hereby

enhanced in the following manner :

                                        Heads              Amount awarded Amount awarded
                                                            by the Tribunal by this Court
                                                                 (Rs.)          (Rs.)
                           Loss of pecuniary benefits             9,00,000/-          16,80,120/-
                           * Rs.7500/- x 2/3x 12 x 15                     *                    #
                           # Rs. 10,000/- + 40% =
                           Rs.14,0000/- Less 1/3rd
                                  x 12 x 15
                           Loss of consortium                          50,000/-           40,000/-
                           Loss of love and affection              1,50,000/              80,000/-
                           (Rs.50000/- x 3)                                -
                           Funeral expenses                            25,000/-           15,000/-
                           Transportation charges                       5,000/-                   -
                           Loss of amenities                                   -          15,000/-
                           Total                                 11,30,000/-          18,30,120/-

12. In the result, the appeal filed by the appellants / claimants,

stands partly allowed by enhancing the compensation from

Rs.11,30,0000/- to Rs.18,30,120/-, as indicated above. No costs.

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CMA No.5 of 2016

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

MACTOP No.3495 of 2013 on the file of the Motor Accidents Claims

Tribunal, Chief Judge, Small Causes, Chennai, within a period of eight

weeks from the date of receipt of a copy of this Judgment. On such