Madras High Court
Gomathy vs Vinoth Kumar on 9 March, 2021
C.M.A.No.401 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.401 of 2021
1.Gomathy
2.C.Gurumoorthy
3.Santhiya .. Appellants
Vs.
1.Vinoth Kumar
2.Royal Sundaram General Insurance Company Limited,
“Bus Plaza”, 3rd Floor,
No.5, G Lawson Road,
Cantonment, Trichy – 620 001. .. Respondents
(R1 remained exparte before Tribunal.
Hence, notice to R1 dispensed with)
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
03.12.2018 made in M.C.O.P.No.442 of 2017 on the file of the Motor
Accident Claims Tribunal, Additional Sub Court, Mayiladuthurai.
For Appellants : Mr.A.Muthukumar
for Ms.P.Srividhya
For R2 : Mr.G.Vasudevan
1/9
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C.M.A.No.401 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 03.12.2018 made in
M.C.O.P.No.442 of 2017 on the file of the Motor Accident Claims Tribunal,
Additional Sub Court, Mayiladuthurai.
2.The appellants are the claimants in M.C.O.P.No.442 of 2017 on the
file of the Motor Accident Claims Tribunal, Additional Sub Court,
Mayiladuthurai. They filed the above said claim petition, claiming a sum of
Rs.50,00,000/- as compensation for the death of one Saranraj, who died in the
accident that took place on 28.07.2017.
3.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 van belonging to 1st respondent and directed the 2nd
respondent-Insurance Company to pay a sum of Rs.15,55,000/- as
compensation to the appellants.
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C.M.A.No.401 of 2021
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 21 years, working as Driver at
PSK Travels and was earning a sum of Rs.20,000/- per month. To prove the
same, the appellants examined one Balamurugan as P.W.2 and filed Ex.W1 to
show that the deceased was earning a sum of Rs.20,000/- per month. The
Tribunal failed to consider the evidence of P.W.2 and Ex.W1 and fixed a
meagre sum of Rs.8,000/- per month as notional income of the deceased. The
Tribunal ought to have fixed a sum of Rs.20,000/- as monthly income of the
deceased and awarded compensation. The amounts awarded by the Tribunal
towards funeral expenses, loss of love and affection and transportation
charges are meagre. The Tribunal failed to award any amount towards loss of
estate and prayed for enhancement of compensation.
6.Per contra, learned counsel appearing for the 2nd respondent-
Insurance Company contended that the Tribunal considering the evidence of
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C.M.A.No.401 of 2021
P.W.2 and Ex.W1, held that there was no evidence to show that P.W.2 is the
owner of PSK Travels. The appellants failed to mention the name of the
employer in the claim petition and fixed a sum of Rs.8,000/- per month as
notional income of the deceased and the same is not meagre. The amounts
awarded by the Tribunal towards loss of love and affection to appellants
1 & 2, loss of love and affection to 3rd appellant and funeral expenses are
highly excessive. In view of the same, the appellants are not entitled to any
enhancement 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 2nd respondent-Insurance Company and
perused the entire materials on record.
8.It is the case of the appellants that at the time of accident the
deceased was aged 21 years, working as Driver at PSK Travels and earning a
sum of Rs.20,000/- per month. To prove the same, the appellants examined
one Balamurugan as P.W.2 and filed Ex.W1/salary certificate to show that the
deceased was earning a sum of Rs.20,000/- per month. The Tribunal
considering the evidence of P.W.2 and Ex.W1, held that there was no
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C.M.A.No.401 of 2021
evidence to show that P.W.2 is the owner of PSK Travels and moreover the
appellants failed to mention the name of the employer in the claim petition
and hence fixed a sum of Rs.8,000/- per month as notional income of the
deceased. The accident is of the year 2017. The cost of living has increased
enormously and salary of even unskilled workers has increased substantially.
Hence, a sum of Rs.14,000/- per month is fixed as notional income of the
deceased. The deceased was aged 21 years at the time of accident. As per the
judgments of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609
(SC), [National Insurance Company Limited Vs. Pranay Sethi and others]
and 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs.
Delhi Transport Corporation & another], 40% enhancement granted
towards future prospects of the deceased and multiplier '18' applied by the
Tribunal are proper. The deceased was a bachelor at the time of accident and
the Tribunal has rightly deducted 50% towards personal expenses of the
deceased. Thus, by fixing Rs.14000/- per month as notional income of the
deceased, the compensation awarded by the Tribunal towards loss of
dependency is modified to Rs.21,16,800/- {Rs.19,600/- [Rs.14,000/- +
Rs.5,600/- (40% of Rs.14,000/-)] X 12 X 18 X ½}. The amounts awarded by
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C.M.A.No.401 of 2021
the Tribunal towards loss of love and affection to appellants 1 and 2 is
excessive and the same is reduced to Rs.80,000/-. The Tribunal has awarded
excess amounts of Rs.50,000/- towards loss of love and affection to 3rd
appellant and Rs.25,000/- towards funeral expenses and hence the same are
reduced to Rs.20,000/- and Rs.15,000/- respectively. The Tribunal has not
awarded any amount towards loss of estate. The appellants are entitled to a
sum of Rs.15,000/- towards loss of estate. 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 Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
1. Loss of dependency 12,09,600/- 21,16,800/- Enhanced
2. Funeral expenses 25,000/- 15,000/- Reduced
3. Loss of love and 2,00,000/- 80,000/- Reduced
affection to
appellants 1 & 2
4. Loss of love and 50,000/- 20,000/- Reduced
affection 3rd
appellant
5. Transportation 10,000/- 10,000/- Confirmed
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C.M.A.No.401 of 2021
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
6. Damages to clothes 2,000/- 2,000/- Confirmed
7. Medical expenses 58,300/- 58,300/- Confirmed
8. Loss of estate - 15,000/- Granted
Total Rs.15,54,900/- Rs.23,17,100/- Enhanced by
rounded off to Rs.7,62,100/-
Rs.15,55,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.15,55,000/- is hereby
enhanced to Rs.23,17,100/- 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 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.442 of 2017 on the file of
the Motor Accident Claims Tribunal, Additional Sub Court, Mayiladuthurai.
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
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C.M.A.No.401 of 2021
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. No costs.
09.03.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Additional Subordinate Judge,
Motor Accident Claims Tribunal,
Mayiladuthurai.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.401 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.401 of 2021
09.03.2021
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