Madras High Court
Balan vs K.Govindarajan on 28 June, 2021
C.M.A.No.851 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.851 of 2020
1.Balan
2.B.Muneeswari
3.B.Manikandan
4.Minor. B.Arunkumar .. Appellants
(Minor 4th appellant represented by his
Father Balan, 1st appellant herein)
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
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.570 of 2014, on the file of the Motor
Accidents Claims Tribunal, Special Sub Court (FAC), Cuddalore.
1/10
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C.M.A.No.851 of 2020
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.570 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.570 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.20,00,000/- as compensation for the death of one Krishnaveni, who
died in the accident that took place on 30.12.2013.
3.The Tribunal considering the pleadings, oral and documentary
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C.M.A.No.851 of 2020
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.10,82,500/- as compensation to the appellants
at the first instance and recover the same from the 1 st respondent and
dismissed the claim petition as against the respondents 3 & 4.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 40 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 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
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C.M.A.No.851 of 2020
compensation.
6.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.10,82,500/- as compensation to the appellants 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.
7.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the respondents 2 & 4 and perused the entire
materials on record.
8.From the materials available on record, it is seen that at the time of
accident the deceased was aged 40 years, was working as Tea Leaf Plucker in
Waterfall Private Limited, Tea Estate, Valparai and was earning a sum of
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C.M.A.No.851 of 2020
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.P5/Postmortem Certificate, the deceased was aged 40 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 '15' and granted 25% enhancement towards future
prospects. Thus, by fixing a sum of Rs.10,000/- per month as notional income
of the deceased, the compensation awarded by the Tribunal towards loss of
dependency is modified to Rs.16,87,500/- {Rs.12,500/- [Rs.10,000/- +
Rs.2,500/- (25% of Rs.10,000/-)] X 12 X 15 X ¾}. The Tribunal has not
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C.M.A.No.851 of 2020
awarded any amount towards loss of love and affection to appellants 2 to 4.
The appellants 2 to 4, being the children 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 towards funeral expenses, loss of estate and loss of
consortium to 1st appellant are just and reasonable and hence, the same are
hereby confirmed.
9.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimant has claimed lesser compensation, the
Courts have power to grant just compensation more than the amount claimed
by the claimants. 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 10,12,500/- 16,87,500/- Enhanced
2. Loss of consortium 40,000/- 40,000/- Confirmed
to 1st appellant
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Loss of estate 15,000/- 15,000/- Confirmed
5. Loss of love and - 1,20,000/- Granted
affection to
appellants 2 to 4
Total Rs.10,82,500/- Rs.18,77,500/- Enhanced by
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C.M.A.No.851 of 2020
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
Rs.7,95,000/-
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.10,82,500/- is hereby enhanced
to Rs.18,77,500/- 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.570 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 1 to 3 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. The
share of the minor 4th appellant is directed to be deposited in any one of the
Nationalized Banks, till the minor 4th appellant attains majority. On such
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C.M.A.No.851 of 2020
deposit, the 1st appellant, being the Father of the minor 4th appellant is
permitted to withdraw the accrued interest once in three months for the
welfare of the minor 4th appellant. This appeal is dismissed as against the
respondents 3 & 4. The appellants are directed to pay the necessary Court fee
on the enhanced amount of compensation now determined by this Court. No
costs.
28.06.2021
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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.851 of 2020
S.KANNAMMAL, J.
Krk
C.M.A.No.851 of 2020
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C.M.A.No.851 of 2020
28.06.2021
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