Madras High Court
Nallathambi vs P.Natesan on 9 March, 2021
C.M.A.No.379 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.379 of 2021
1.Nallathambi
2.Savithiri
3.Arul Prakash .. Appellants
Vs.
1.P.Natesan
2.The Branch Manager,
United India Insurance Co Limited
No.50-A, Pallivasal Street,
Perambalur. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
21.02.2020 made in M.C.O.P.No.227 of 2016 on the file of the Motor
Accident Claims Tribunal, Principal District Judge (FAC), Perambalur.
For Appellants : Ms.S.Lalitha
for Mr.C.Vidhusan
For R2 : Mrs.I.Malar
1/8
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C.M.A.No.379 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 21.02.2020 made in
M.C.O.P.No.227 of 2016 on the file of the Motor Accident Claims Tribunal,
Principal District Judge (FAC), Perambalur.
2.By consent of both the learned counsel appearing for the appellantas
as well as 2nd respondent, this matter is taken up for final disposal at the
admission stage itself.
3.The appellants are the claimants in M.C.O.P.No.227 of 2016 on the
file of the Motor Accident Claims Tribunal, Principal District Judge (FAC),
Perambalur. They filed the above said claim petition, claiming a sum of
Rs.20,00,000/- as compensation for the death of one Ranjith Kumar, who
died in the accident that took place on 13.05.2015.
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 lorry belonging to the 1st respondent and directed the 2nd
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C.M.A.No.379 of 2021
respondent-United India Insurance Company to pay a sum of Rs.18,44,400/-
as compensation to the appellants.
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellants 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 22 years, working as a Harvest
Machine Driver and was earning a sum of Rs.18,000/- per month. But the
Tribunal fixed a meagre sum of Rs.12,000/- per month as monthly income of
the deceased. The amount awarded by the Tribunal towards loss of estate and
funeral expenses are meagre. The Tribunal failed to award any amount
towards loss of love and affection and prayed for enhancement of
compensation.
7.Per contra, learned counsel appearing for the 2nd respondent-United
India Insurance Company contended that the appellants 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, a
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C.M.A.No.379 of 2021
sum of Rs.12,000/- per month fixed by the Tribunal as monthly income of the
deceased is not meagre. The total compensation awarded by the Tribunal at
Rs.18,44,400/- 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 2nd respondent-United India Insurance
Company, and perused the entire materials on record.
9.From the materials available on record it is seen that it is the case of
the appellants that at the time of accident the deceased was aged 22 years,
working as a Harvest Machine Driver and was earning a sum of Rs.18,000/-
per month. But they failed to prove the said contention. In the absence of any
material evidence with regard to avocation and income, the Tribunal fixed a
sum of Rs.12000/- per month as notional income of the deceased. The
accident occurred in the year 2015 and the monthly income fixed by the
Tribunal is meagre. The cost of living has increased enormously and the
salary of even unskilled workers have incresased substantially. Hence, a sum
of Rs.14,000/- per month is fixed as notional income of the deceased. The
deceased was a bachelor, aged 22 years at the time of accident. The Tribunal
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C.M.A.No.379 of 2021
granted 40% enhancement towards future prospects, applied multiplier '18'
deducted 50% towards personal expenses of the deceased and the same are
proper. Thus, by fixing Rs.14,000/- 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 1/2}. The Tribunal has not
granted any amount towards loss of love and affection. The appellants 1 and
2 who are the parents 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.
10.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimants have 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:
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C.M.A.No.379 of 2021
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
1. Loss of dependency 18,14,400/- 21,16,800/- Enhanced
2. Loss of Estate 15,000/- 15,000/- Confirmed
3. Funeral Expenses 15,000/- 15,000/- Confirmed
4. Loss of Love and -- 80,000/- Granted
Affection
Total Rs.18,44,400/- Rs.22,26,800/- Enhanced by
Rs.3,82,400/-
11.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.18,44,400/- is hereby enhanced
to Rs.22,26,800/- together with interest at the rate of 7.5% per annum from
the date of petition till the date of deposit. The 2nd respondent-United India
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.227 of 2016 on the file of
the Motor Accident Claims Tribunal, Principal District Judge (FAC),
Perambalur. 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
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C.M.A.No.379 of 2021
interest and costs, less the amount if any, already withdrawn by making
necessary applications before the Tribunal. The appellants are directed to pay
the necessary Court fee on the enhanced amount of compensation. No costs.
09.03.2021
dsa
Index : Yes / No
Internet : Yes / No
To
1.The Principal District Judge (FAC),
Motor Accident Claims Tribunal,
Perambalur.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.379 of 2021
V.M.VELUMANI, J.
dsa
C.M.A.No.379 of 2021
09.03.2021
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