Madras High Court

Kuppu vs G. Sasikumar on 23 June, 2021

CMA No.254 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

CMA No.254 of 2016

1. Kuppu
2. Lakshmi
3. Kuppusamy
4. Kumarasamy ... Appellants
Versus

1. G. Sasikumar
2. Royal Sundaram Alliance
Insurance Co. Ltd.,
st
No.6, 1 Floor,
Sorrento Building,
L.B. Road,
Adyar,
Chennai – 20. ... Respondents

Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 26.06.2015 and
made in MACTOP No.2844/2010 on the file of the Motor Accidents
Claims Tribunal (Special Sub Judge No.1 to deal with MCOP cases),
Chennai,

For Appellants : Mr. Terry Chella Raja
For Respondents : Mr.G. Vasudevan for R2
R1 - Exparte

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CMA No.254 of 2016

JUDGMENT

(Heard Video Conference)

This appeal has been filed by the claimants seeking enhancement

of compensation under the impugned award dated 26.06.2015 passed by

the Motor Accidents Claims Tribunal, (Special Sub Judge No.1 to deal

with MCOP cases), Chennai in MACTOP No.2844/2010.

2. The Tribunal under the impugned award directed the

respondents to pay the appellants / claimants a compensation of

Rs.4,25,000/- together with interest and costs as detailed below :-

                                               Heads               Amount awarded
                                                                    by the Tribunal
                                                                         (Rs.)
                                   Loss of Dependency to the               3,24,000
                                   family of the deceased
                                   Loss of consortium to the 1st               50000
                                   petitioner
                                   Loss of love and affection to               40000
                                   the petitioners 3 and 4 at
                                   Rs.20,000/- each
                                   Funeral and ritual expenses                 11000
                                   Total                                   4,25,000

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CMA No.254 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.G. Vasudevan, 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. As seen from the award, the Tribunal has failed to award any

compensation towards loss of future prospects in accordance with the

settled law. The deceased was aged 60 years and was a Washerman

(Dhobi) at the time of the accident. In accordance with the decision of

the Hon'ble Supreme Court in the case of National Insurance Co. Ltd.

vs. Pranay Sethi reported in 2017 16 SCC 680, the appellants /

claimants are entitled for loss of future prospects at 10%, after giving due https://www.mhc.tn.gov.in/judis/

CMA No.254 of 2016

consideration to the age and avocation of the deceased. The Tribunal has

erroneously failed to award the same under the impugned award. Hence,

this Court awards a compensation of 10% towards loss of future

prospects to the appellants / claimants. With regard to the assessment of

the monthly income of the deceased at Rs.4,500/- is concerned, the same

is confirmed by this Court in view of the fact that the accident happened

on 28.12.2007 when the deceased was aged 60 years and was a

Washerman. The Tribunal has deducted 1/3rd towards personal expenses

of the deceased, which is correct. The deceased was aged 60 years at the

time of the accident, and accordingly, the Tribunal has adopted the

correct multiplier of 9. Accordingly, the loss of dependency will have

to be enhanced by this Court from Rs.3,24,000/- to Rs.3,56,400/- as

detailed hereunder :

Rs.4,500/- + 10% = Rs.4,950/- Less 1/3rd x 12 x 9 = Rs.3,56,400/-

7. The Tribunal has awarded a lesser compensation of Rs.11,000/-

towards funeral expenses which has to be enhanced to Rs.15,000/- in

accordance with the settled law, as per the decision of the Pranay

Sethi's case referred to supra.

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CMA No.254 of 2016

8. However, the Tribunal has awarded a higher compensation of

Rs.50,000/- towards loss of consortium to the first claimant which has to

be reduced to Rs.40,000/- in accordance with the settled law. Therefore,

this Court reduces the compensation towards loss of consortium to

Rs.40,000/- instead of Rs.50,000/- fixed by the Tribunal.

9. The Tribunal has also erroneously awarded a lesser

compensation towards loss of love and affection to two children of the

deceased, which has to be necessarily enhanced to Rs.80,000/-,

calculated at Rs.40,000/- to each of the children.

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

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

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

modified in the following manner :

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CMA No.254 of 2016

Heads Amount awarded Amount awarded by the Tribunal by this Court (Rs.) (Rs.) Loss of Dependency 324000 356400 * Rs.4,500 x 12 x 1/3rd x 9 * # # Rs.4,500 + 40% - 1/3rd x 12 x 9 Loss of consortium to the 1st 50000 40000 petitioner / 1st claimant Loss of love and affection to 40000 80000 the petitioners / claimants 3 ** ## and 4 **at Rs.20,000/- each ## at Rs.40,000/- each Funeral and ritual expenses 11000 15000 Loss of estate - 15000 Total 425000 506400

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

stands partly allowed by enhancing the compensation from Rs.4,25,000/-

to Rs.5,06,400/- as indicated above. No costs.

14. 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.2844/2010 on the file of the Motor Accidents Claims

Tribunal (Special Sub Judge No.1 to deal with MCOP cases), Chennai,

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CMA No.254 of 2016

within a period of four weeks from the date of receipt of a copy of this