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
1/8
https://www.mhc.tn.gov.in/judis/
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 accident that took place on 30.12.2013.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.848 of 2020
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 the deceased at 60 years and fixed a meagre sum of Rs.6,000/- per
https://www.mhc.tn.gov.in/judis/
C.M.A.No.848 of 2020
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
materials on record.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.848 of 2020
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 10% enhancement towards future
prospects. Thus, by fixing a sum of Rs.10,000/- per month as notional
https://www.mhc.tn.gov.in/judis/
C.M.A.No.848 of 2020
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/-
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
https://www.mhc.tn.gov.in/judis/
C.M.A.No.848 of 2020
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 2 nd 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.
This appeal is dismissed as against the respondents 3 & 4. No costs.
28.06.2021
(1/3)
krk
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.848 of 2020
S.KANNAMMAL, J.
Krk
To
1.The Special Subordinate Judge (FAC),
Motor Accident Claims Tribunal,
Cuddalore.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.848 of 2020
28.06.2021
(1/3)
https://www.mhc.tn.gov.in/judis/
