Madras High Court
K.Mageswari vs K.Govindarajan on 28 June, 2021
C.M.A.No.848 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.848 of 2020
Veerappan (died)
1.K.Mageswari
2.V.Balamurugan .. Appellants
(Amended as per order dated 15.11.2018
made in I.A.No.1990/2018)
Vs.
1.K.Govindarajan
2.The Divisional Manager,
The New India Assurance Company Limited,
Do, 1 Bharathi Road,
Cuddalore – 607 001.
3.K.Mary
4.The Divisional Manager,
The New India Assurance Company Limited,
Do, 1 Bharathi Road,
Cuddalore – 607 001. .. Respondents
1/9
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C.M.A.No.848 of 2020
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated 15.11.2019
made in M.C.O.P.No.573 of 2014, on the file of the Motor Accidents Claims
Tribunal, Special Sub Court (FAC), Cuddalore.
For Appellants : Ms.Ramya V.Rao
for Mr.A.N.Viswanatha Rao
For RR 2 & 4 : Ms.Saraswathi
JUDGMENT
(The matter is heard through “Video Conferencing/Hybrid mode”.)
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 15.11.2019 made in
M.C.O.P.No.573 of 2014, on the file of the Motor Accidents Claims Tribunal,
Special Sub Court (FAC), Cuddalore.
2.The appellants are the claimants in M.C.O.P.No.573 of 2014, on the
file of the Motor Accidents Claims Tribunal, Special Sub Court (FAC),
Cuddalore. The claimants filed the above said claim petition, claiming a sum of
Rs.15,00,000/- as compensation for the death of one Lakshmi, who died in the
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C.M.A.No.848 of 2020
accident that took place on 30.12.2013.
3.Pending claim petition, the husband of the deceased, viz., Veerappan
died.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the Mini Bus belonging to 1st respondent and directed the 2nd
respondent to pay a sum of Rs.5,45,200/- as compensation to the claimants at
the first instance and recover the same from the 1st respondent and dismissed
the claim petition as against the respondents 3 & 4.
5.Not being satisfied with the amounts awarded by the Tribunal, the
claimants have come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellants contended that at the
time of accident the deceased was aged 53 years, was working as Tea Leaf
Plucker in Waterfall Private Limited, Tea Estate, Valparai and was earning a
sum of Rs.15,000/- per month. But, the Tribunal erroneously fixed the age of
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C.M.A.No.848 of 2020
the deceased at 60 years and fixed a meagre sum of Rs.6,000/- per month as
notional income of the deceased and awarded compensation. The Tribunal
ought to have fixed a sum of Rs.15,000/- per month as notional income of the
deceased and awarded compensation for loss of dependency. The Tribunal has
not awarded any amount towards loss of love and affection and prayed for
enhancement of compensation.
7.Per contra, learned counsel appearing for the 2nd respondent contended
that the claimants have not produced any document to prove the avocation and
income of the deceased. In the absence of any material evidence with regard to
avocation and income, a sum of Rs.6,000/- per month fixed by the Tribunal as
notional income of the deceased is not meagre. The Tribunal considering the
entire materials on record, has awarded a sum of Rs.5,45,200/- as
compensation to the claimants and the same is not meagre. The appellants have
not made out any case for enhancement of compensation and prayed for
dismissal of the appeal.
8.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the respondents 2 & 4 and perused the entire
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C.M.A.No.848 of 2020
materials on record.
9.From the claim petition filed by the claimants, it is seen that at the time
of accident the deceased was aged 53 years, was working as Tea Leaf Plucker
in Waterfall Private Limited, Tea Estate, Valparai and was earning a sum of
Rs.15,000/- per month. Except oral evidence, the claimants have not produced
any material evidence to prove the avocation and income of the deceased. In
the absence of any material evidence with regard to avocation and income of
the deceased, the Tribunal considering the year of accident and nature of work
done by the deceased, fixed a sum of Rs.6,000/- per month as notional income
of the deceased. The accident is of the year 2013 and the notional income fixed
by the Tribunal is meagre. Considering the year of accident, age and nature of
work done by the deceased, a sum of Rs.10,000/- per month is fixed as
notional income of the deceased. As per Ex.P20/Postmortem Certificate, the
deceased was aged 60 years at the time of accident. The Tribunal following the
judgments of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC
Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation &
another] and 2017 (2) TNMAC 609 (SC), [National Insurance Company
Limited Vs. Pranay Sethi and others] rightly applied multiplier '9' and granted
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C.M.A.No.848 of 2020
10% enhancement towards future prospects. Thus, by fixing a sum of
Rs.10,000/- per month as notional income, the compensation awarded by the
Tribunal towards loss of dependency is modified to Rs.7,92,000/- {Rs.11,000/-
[Rs.10,000/- + Rs.1,000/- (10% of Rs.10,000/-)] X 12 X 9 X 2/3}. The
Tribunal has not awarded any amount towards loss of love and affection. The
claimants 2 & 3, being the Daughter and Son of the deceased are entitled to a
sum of Rs.40,000/- each towards loss of love and affection. The amounts
awarded by the Tribunal under other heads are just and reasonable and hence,
the same are hereby confirmed. Thus, the compensation awarded by the
Tribunal is modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of dependency 4,75,200/- 7,92,000/- Enhanced
2. Loss of consortium 40,000/- 40,000/- confirmed
to 1st claimant
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Loss of estate 15,000/- 15,000/- Confirmed
5. Loss of love and - 80,000/- Granted
affection to
claimants 2 & 3
Total Rs.5,45,200/- Rs.9,42,000/- Enhanced by
Rs.3,96,800/-
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C.M.A.No.848 of 2020
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.5,45,200/- is hereby enhanced
to Rs.9,42,000/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The 2nd respondent is directed to deposit
the award amount now determined by this Court, along 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 judgment to the credit of M.C.O.P.No.573 of
2014, on the file of the Motor Accidents Claims Tribunal, Special Sub Court
(FAC), Cuddalore, at the first instance and recover the same from the 1st
respondent. On such deposit, the appellants are permitted to withdraw their
respective share of the award amount now determined by this Court, as per the
ratio of apportionment fixed by the Tribunal, along with proportionate interest
and costs, less the amount if any, already withdrawn by making necessary
applications before the Tribunal. Respondents 2 and 4 are same party, to which
both the vehicle belonging to 1st respondent and 3rd respondent are insured
with. The negligence is fixed on the driver of the mini bus belonging to 1st
respondent and hence, the 2nd respondent being the insurer of the mini bus
belonging to 1st respondent is liable to pay the compensation to the appellants.
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C.M.A.No.848 of 2020
Since, no negligence is fixed on the part of the driver of the 3rd respondent's
vehicle, to that part, the 4th respondent-Insurance Company is not liable to pay
any compensation. Hence, this appeal is dismissed as against the respondents 3
and 4. No costs.
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krk
Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge (FAC),
Motor Accident Claims Tribunal,
Cuddalore.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.848 of 2020
S.KANNAMMAL, J.
Krk
C.M.A.No.848 of 2020
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