Madras High Court
V.Clara vs U.Sahul Hameed on 24 June, 2021
C.M.A.No.2793 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2793 of 2016
1.V.Clara
2.V.Velmurugan ... Appellants
..Vs..
1.U.Sahul Hameed
2.New India Assurance Co. Ltd.,
C/o. Motor Third Party Claims Office,
No.43, Moore Street,
Chennai – 600 001. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and decree made in
MCOP.No.282 of 2008 on the file of the Additional District Judge, Motor
Accident Claims Tribunal, I Fast Track Court at Chennai dated 2nd day of
June 2011.
For Appellants : Mr.T.G.Balachandran
For Respondent 2 : Mr.D.Nadhamuni
R1 – Expate
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2793 of 2016
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimants
seeking enhancement of compensation under the impugned award dated
02.06.2011 passed by the Motor Accident Claims Tribunal (I Fast Track
Court at Chennai) in MCOP.No.282 of 2008.
2. Heard Mr.T.G.Balachandran, learned counsel for the
Appellants/claimants and Mr.D.Nadhamuni, learned counsel for the second
respondent/ Insurance Company. The first respondent has remained exparte
both before the Tribunal as well as this Court.
3. The Appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred this Appeal seeking
for enhancement. The details of the compensation awarded by the Tribunal
to the Appellants/claimants are as follows:
Heads Award Amount
(Rs.)
Loss of pecuniary benefits 1,50,000/-
Loss of non-pecuniary benefits 75,000/-
Loss of Future prospects 75,000/-
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2793 of 2016
Heads Award Amount
(Rs.)
Funeral Expenses 5,000/-
Total 3,05,000/-
4. Before the Tribunal, the Appellant/claimant has filed seven
documents which were marked as Ex.P1 to Ex.P7 and two witnesses were
examined namely, the second Appellant/second claimant as PW1 and an eye
witness to the accident as PW2. On the side of the second respondent
Insurance Company, neither any document was filed nor any witness
examined before the Tribunal.
5. The deceased was a student aged 5 years and studying at Airforce
School, East Tambaram, Chennai – 59, when the accident happened on
22.11.2007. He died as a result of the said accident. The cause of the
accident has also not been disputed by the respondents, as no appeal has
been filed against the impugned award by the respondents. The only
question to be considered by this Court is whether the quantum of
compensation awarded by the Tribunal is a just compensation or not and
whether the same will have to be enhanced by this Court.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2793 of 2016
6. The accident happened on 22.11.2007 and admittedly, the deceased
was five years and at that time, he was a student. Learned counsel for the
Appellants drew the attention of this Court to the following authorities in
support of his submissions seeking enhancement of compensation:
(a) 2017(2), TNMAC 805, dated 8.12.2016, National Ins.Co.Ltd.,
Chennai-2 -Vs. K.Sugumar & 2 Others
(b) 2009(2) TNMAC SC, Page.1 dated 15.4.2009, Srimathi.Sarla
Verma & Others –Vs.- Delhi Transport Corporation & another,
(c) 2009 ACJ 1924 SC, dated 15.05.2009, R.K.Malik. & another –
Vs- Kiran Paul & Others.
(d) 2013(5) CTC 212, SC, dated 26.08.2013, Kishan Gopal &
another –Vs.- Lala and Others
(e) A decision of the Learned Single of this Court in the case of
Reliance Gen. Ins. Co. Ltd., -Vs- H.Mallika Bee and 2 Others in CMA
No.1625 of 2020 in O.P.No.5470 of 2013, dated 10.11.2020
(f) A decision of the learned Single Judge of this Court in the case
of M.Sumithra –Vs- J.Anbalagan and another in CMA No.31 of 2020
dated 16.3.2021 reported in 2021(1) TNMAC 465
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2793 of 2016
7. In a recent decision rendered by a learned Single Judge of this
Court, involving a minor aged 13 years in respect of an accident that
happened in the year 2013, this Court has directed the insurance company to
pay a compensation of Rs.7,45,000/-. Since the deceased in this case also is
a minor aged 5 years at the time of the accident, the same yardstick as
applied by another learned Single Judge of this Court in CMA.No.1625 of
2020 can be followed. The Hon'ble Supreme Court in various decisions
cited by the learned counsel for the Appellants also has fixed the
compensation for a deceased minor based on the year of the accident. The
decision rendered by another learned Single Judge of this Court in
CMA.No.1625 of 2020 in the case of Reliance Gen. Ins. Co. Ltd vs.
H.Mallika Bee and 2 Others which is dated 10.11.2020 and is a very recent
decision can be followed by this Court for the case of these Appellants also.
8. Accordingly, this Court enhances the compensation payable to the
Appellants/claimants from Rs.3,05,000/- as fixed by this Tribunal to
Rs.7,45,000/- by this Court as detailed hereunder:
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2793 of 2016
Heads Award Amount
(Rs.)
Loss of pecuniary 6,30,000/-
(3500 x 12 x 15)
Loss of love and 80,000/-
affection
Transportation 5,000/-
Funeral Expense 15,000/-
Loss of estate 15,000/-
Total 7,45,000/-
Conclusion:
9. In the result, this appeal shall stand partly allowed. The Second
Respondent Insurance Company is directed to deposit the amount awarded
by this Court 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.282 of 2008 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 the respective shares
of award amount lying to the credit of MCOP.No.282 of 2008 to the bank
account of the Appellants/claimants through RTGS within a period of one
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2793 of 2016
week thereafter. The requisite Court fee, if any has to be paid by the
Appellants before receiving the copy of this Judgment. No costs.
24.06.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
nl
To
1. The I Fast Track Court at Chennai
2.The Section Officer
V.R.Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2793 of 2016
ABDUL QUDDHOSE, J.
nl
C.M.A.No.2793 of 2016
24.06.2021
https://www.mhc.tn.gov.in/judis/
