Madras High Court
Manickammal vs Indirani on 1 March, 2021
C.M.A. Nos.503 & 505 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.Nos.503 & 505 of 2021
1.Manickammal
2.Minor Srithika
3.Minor Agalya
(Minors rep. By their mother, 1st appellant)
4.Surumbayee
5.Parimanam .. Appellants in
C.M.A.No.503/2021
1.Annammal
2.Ganesan .. Appellants in
C.M.A.No.505/2021
Vs.
1.Indirani
2.The Manager,
United India Insurance Co. Ltd.,
5476-79, Sundaram Masila Maligai,
Old Thirumayam Salai, Pudukottai,
Pudukottai District 622 001. .. Respondents
in both the appeals
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C.M.A. Nos.503 & 505 of 2021
Common Prayer: These Civil Miscellaneous Appeals are filed under Section
173 of Motor Vehicles Act, 1988, against the common judgment and decree
dated 05.02.2019, made in M.C.O.P. Nos.1488 & 1388 of 2016, on the file of
the Additional District Court, (Motor Accident Claims Tribunal), Namakkal.
For Appellants : Mr.A.Sathishkumar
for M/s.C.Thangaraju
For Respondents : M/s.I.Malar (For R2)
COMMON JUDGMENT
These Civil Miscellaneous Appeals have been filed seeking
enhancement of the compensation granted by the Tribunal in the common
award dated 05.02.2019, made in M.C.O.P. Nos.1488 & 1388 of 2016, on the
file of the Additional District Court, (Motor Accident Claims Tribunal),
Namakkal.
2.By consent of the learned counsel appearing for the appellants as well
as the 2nd respondent, both the appeals are taken up for final disposal at the
admission stage itself.
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C.M.A. Nos.503 & 505 of 2021
3.The appellants in both the appeals filed M.C.O.P. Nos.1488 & 1388
of 2016, on the file of the Additional District Court, (Motor Accident Claims
Tribunal), Namakkal, claiming a sum of Rs.30,00,000/- each as compensation
for the death of Dharmaraj and Karthik respectively, who died in the accident
that took place on 04.07.2016.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by driver of the Car belonging to the 1st respondent and directed the
2nd respondent as insurer of the vehicle to pay a sum of Rs.13,80,400/- and
Rs.9,58,200/- as compensation to the appellants in both the appeals
respectively.
5.Not being satisfied with the amounts granted by the Tribunal in the
award dated 05.02.2019, made in M.C.O.P. Nos.1488 & 1388 of 2016, the
appellants have come out with the present appeals.
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C.M.A. Nos.503 & 505 of 2021
6.The learned counsel appearing for the appellants in C.M.A.No.503 of
2021 contended that at the time of accident, the deceased was aged 35 years
and was doing business jointly with one Karthick at Namakkal Salem road,
by putting up a shop under the name and style of Periyasamy Battery and
Electricals and was earning a sum of Rs.20,000/- per month. To substantiate
the same, they have examined one Murugan co-worker of the deceased as
P.W.4. The Tribunal fixed a meagre sum of Rs.6,500/- per month and granted
40% enhancement towards future prospectus and awarded compensation
towards loss of dependency. The Tribunal failed to grant any compensation
towards transportation, loss of love and affection to the appellants 2 and 3
who are the minor children and appellants 4 and 5 who are the aged parents
of the deceased and prayed for enhancement of the compensation.
7.The learned counsel appearing for the appellants in C.M.A.No.505 of
2021 contended that at the time of accident, the deceased was aged 29 years,
Bachelor and was doing business jointly with one Dharmaraj at Namakkal
Salem road, by putting up a shop under the name and style of Periyasamy
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C.M.A. Nos.503 & 505 of 2021
Battery and Electricals and was earning a sum of Rs.20,000/- per month. To
substantiate the same, they have examined one Murugan co-worker of the
deceased as P.W.4. The Tribunal fixed a meagre sum of Rs.6,500/- per month
and granted 40% enhancement towards future prospectus and awarded
compensation towards loss of dependency. The Tribunal failed to grant any
compensation towards transportation, loss of love and affection to the
appellants who are the aged parents of the deceased and prayed for
enhancement of the compensation.
8.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the respondents failed to prove the
avocation and income of the deceased persons. In the absence of any proof,
the Tribunal has fixed excessive amount as notional income and granted
compensation towards loss of dependency in both the appeals. The total
compensation granted by the Tribunal in both the appeals are not meagre. The
appellants have not made out any case for enhancement of the compensation
and prayed for dismissal of the appeals.
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C.M.A. Nos.503 & 505 of 2021
9.Heard the learned counsel appearing for the appellants as well as the
2nd respondent-Insurance Company who appeared through video conference
and perused the materials available on record.
C.M.A.No.503 of 2021:
10.It is the case of the appellants that at the time of accident, the
deceased was jointly running a shop with one Karthick in the name and style
of Periyasamy Battery and Electricals and was earning a sum of Rs.20,000/-
per month. Except examining P.W.4, the appellants have not filed any
document to prove the income and avocation of the deceased. In the absence
of any evidence, the Tribunal fixed a sum of Rs.6,500/- per month as notional
income of the deceased. The accident is of the year 2016. The monthly income
fixed by the Tribunal is meagre. Considering the year of accident and nature
of work done by the deceased, a sum of Rs.12,000/- per month is fixed as
notional income of the deceased. Taking into consideration the post mortem
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C.M.A. Nos.503 & 505 of 2021
certificate, the Tribunal fixed the age of the deceased as 35 years and applied
multiplier '16'. Following the judgment of the Hon'ble Apex Court, the
Tribunal has rightly granted 40% enhancement towards future prospects and
deducted 1/4th towards personal expenses of the deceased. Thus, by fixing
Rs.12,000/- per month as notional income of the deceased, the amounts
awarded by the Tribunal towards loss of dependency is modified to
Rs.24,19,200/- {[Rs.12,000/- + Rs.4,800/- (40% of Rs.12,000/-)] x 12 x 16 x
3/4}. The Tribunal has not awarded any amount towards loss of love and
affection to the appellants 2 to 5. The appellants 2 and 3 who are the minor
children of the deceased and the appellants 4 and 5 who are the parents of the
deceased are entitled to a sum of Rs.40,000/- towards loss of love and
affection. The Tribunal failed to grant any amount for transportation. The
appellants are entitled to a sum of Rs.10,000/- towards transportation. The
amounts granted by the Tribunal under other conventional heads are just and
reasonable and hence, the same are confirmed. Thus, the compensation awarded
by the Tribunal is modified as follows:
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C.M.A. Nos.503 & 505 of 2021
S. No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court (Rs) enhanced or
granted
1. Loss of dependency 13,10,400/- 24,19,200/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of consortium to 40,000/- 40,000/- Confirmed
1st appellant
4. Loss of love and - 40,000/- Granted
affection to appellants
2 to 5
5. Loss of estate 15,000/- 15,000/- Confirmed
6. Transportation - 10,000/- Granted
Total 13,80,400/- 25,39,200/- Enhanced by
Rs.11,58,800/-
C.M.A.No.505 of 2021:
11.It is the case of the appellants that at the time of accident, the
deceased was jointly running a shop with one Karthick in the name and style,
Periyasamy Battery and Electricals and was earning a sum of Rs.20,000/- per
month. Except examining P.W.4, the appellants have not filed any document
to prove the income and avocation of the deceased. In the absence of any
evidence, the Tribunal fixed a sum of Rs.6,500/- per month as notional income
of the deceased. The accident is of the year 2016. The monthly income fixed
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C.M.A. Nos.503 & 505 of 2021
by the Tribunal is meagre. Considering the year of accident and nature of
work done by the deceased, a sum of Rs.12,000/- per month is fixed as
notional income of the deceased. Taking into consideration the post mortem
certificate, the Tribunal fixed the age of the deceased as 29 years and applied
multiplier '17'. Following the judgment of the Hon'ble Apex Court, the
Tribunal has rightly granted 40% enhancement towards future prospects and
deducted 1/2 towards personal expenses of the deceased. Thus, by fixing
Rs.12,000/- per month as notional income of the deceased, the amounts
awarded by the Tribunal towards loss of dependency is modified to
Rs.17,13,600/- {[Rs.12,000/- + Rs.4,800/- (40% of Rs.12,000/-)] x 12 x 17 x
1/2}. The Tribunal has not awarded any amount towards loss of love and
affection to the appellants who are the parents of the deceased. The appellants
are entitled to a sum of Rs.40,000/- towards loss of love and affection. The
Tribunal failed to grant any amount for transportation. The appellants are
entitled to a sum of Rs.10,000/- towards transportation. The amounts granted
by the Tribunal under other conventional heads are just and reasonable and hence,
the same are confirmed. Thus, the compensation awarded by the Tribunal is
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modified as follows:
S. No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court (Rs) enhanced or
granted
1. Loss of dependency 9,28,200/- 17,13,600/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of love and - 40,000/- Granted
affection
4. Loss of estate 15,000/- 15,000/- Confirmed
5. Transportation - 10,000/- Granted
Total 9,58,200/- 17,93,600/- Enhanced by
Rs.8,35,400/-
12.In the result, both the appeals are partly allowed and the sum of
Rs.13,80,400/- awarded by the Tribunal in M.C.O.P.No.1488 of 2016 is
enhanced to Rs.25,39,200/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit and the sum of
Rs.9,58,200/- awarded by the Tribunal in M.C.O.P.No.1388 of 2016 is
enhanced to Rs.17,93,600/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The 2nd respondent-
Insurance Company is directed to deposit the award amounts, now
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C.M.A. Nos.503 & 505 of 2021
determined by this Court in both the appeals, along with interest and costs,
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. Nos.1488 and 1388 of 2016 respectively.
(i) On such deposit in M.C.O.P.No.1488 of 2016, the appellants 1, 4
and 5 are permitted to withdraw their share of the award amount, now
determined by this Court, along with proportionate interest and costs, as per
the ratio of apportionment fixed by the Tribunal, after adjusting the amount, if
any, already withdrawn, by filing necessary applications before the Tribunal.
The shares of the minor appellants 2 and 3 are directed to be deposited in any
one of the Nationalized Bank, till the minors attain majority. The 1 st appellant,
mother of the minor appellants 2 and 3 is permitted to withdraw the accrued
interest, once in three months for the welfare of the minor appellants 2 and 3.
(ii) On such deposit in M.C.O.P.No.1388 of 2016, the appellants are
permitted to withdraw their share of the award amount, now determined by
this Court, along with proportionate interest and costs, as per the ratio of
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C.M.A. Nos.503 & 505 of 2021
apportionment fixed by the Tribunal, after adjusting the amount, if any,
already withdrawn, by filing necessary applications before the Tribunal. No
costs.
01.03.2021
Index : Yes / No
gsa
To
1.The Additional District Judge,
(Motor Accident Claims Tribunal),
Namakkal.
2.The Section Officer,
V.R Section,
High Court, Madras.
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C.M.A. Nos.503 & 505 of 2021
V.M.VELUMANI, J.,
gsa
C.M.A.Nos.503 and 505 of 2021
01.03.2021
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