Madras High Court
P. Shanthi vs V. Rajeswari on 11 March, 2021
C.M.A.No.1924 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1924 of 2015
1.P. Shanthi
2.M.K. Panneerselvam .. Appellants
Vs.
1.V. Rajeswari
2.The National Insurance Co. Limited,
62A, Jawaharlal Nehru Street,
Pondicherry. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 24.04.2015 made
in M.A.C.T.O.P.No.5430 of 2011 on the file of the Motor Accidents Claims
Tribunal (Chief Judge, Small Causes Court) Chennai.
For Appellants : Mr. S.K. Suryanarayanan
For R1 : Ex-parte
For R2 : Ms. P. Shobana
for Mr. R. Ravichandran
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1924 of 2015
JUDGMENT
The appeal has been preferred by the claimants against the award
of Rs.10,15,600/- for the death of one P. Arunjothi, aged about 24 years,
student of MCA at Anna University and was running Colt Institute Karate
and Holistic Health, Chennai, earning about Rs.15,000/- per month, in the
accident which occurred on 22.10.2011, when he was riding his motorcycle,
which was hit down by the lorry, belongs to the first respondent and insured
with the second respondent came in a rash and negligent manner and dashed
against the motorcycle. Due to the impact, the deceased sustained fatal
injuries and died on the spot.
2. Aggrieved by the quantum of compensation awarded by the
Tribunal, the appeal has been filed by the claimants seeking enhancement of
compensation.
3. Heard the learned counsel for the appellants and the learned
counsel for the second respondent.
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C.M.A.No.1924 of 2015
4. The factum of the accident and the manner of the accident and
negligence on the part of the driver of the first respondent which was insured
with the second respondent / National Insurance Company Limite are not in
dispute and hence, the finding rendered in this regard by the Motor Accident
Claims Tribunal are hereby confirmed.
5. The deceased was aged about 24 years on the date of the accident
viz., 22.10.2011 and he said to have been possessing BCA Degree and
pursuing MCA through distance education at Anna Salai. From the evidence
of P.W.3 coupled with the documentary evidence of Exs.P7, 11 and 15, it is
seen that the deceased has joined in Hinduja Global Solution Limited and was
earning Rs.7,200/- per month. Accordingly, the trial Court has taken the net
salary of Rs.6,613/- as per Ex.P.15 Pay slip, as I find that the deductions are
general in nature and hence the salary is fixed at Rs.7,200/- and he said to
have been possessing Karete, Japan Shito, as an instructor and earned
Rs.1,500/- per month based upon Exs.P.12 and P19. Accordingly, the salary
is re-fixed at Rs.7,200/- + Rs.1,500 = 8,700/-.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1924 of 2015
6. As per the Constitution Bench's judgment of the Honourable
Apex Court in National Insurance Company Limited V. Pranay Sethi and
others, reported in 2017 (2) TN MAC 609 (SC), 40% has to be added as
future prospects as the deceased was aged about 24 years at the time of
accident. Along with 40% future prospects, the monthly income would be
Rs.12,180/- (Rs.8,700/- + 40% of Rs.8,700/-).
7. Since the claim petitioners are being parents, 50% deduction is
adopted. After deduction of 50%, monthly income would be at Rs.6,090/-
(Rs.12,180/- (-) 50% of Rs.12,180). The appropriate multiplier as per the
judgment of the Honourable Supreme Court in Sarla Verma & Others .Vs.
Delhi Transport Corporation & another, reported in 2009 (2) TNMAC 1
(SC) is “18”, as the age of the deceased was 24. Therefore, loss of income
would be Rs.13,15,440/- (Rs.6,090/- X 12 X 18).
8.Loss of Love and Affection:-
The tribunal has awarded a sum of Rs.50,000/- each towards loss of
love and affection and the same is confirmed.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1924 of 2015
9.Funeral expenses:
A sum of Rs.25,000/- has been awarded by the Tribunal towards
funeral expenses. As per the Constitution Bench's judgment in National
Insurance Company Limited V. Pranay Sethi and others, reported in 2017
(2) TN MAC 609 (SC), the same is reduced to Rs.15,000/-.
10.Transportation
The tribunal has awarded a sum of Rs.5,000/- towards transportation
and the same is enhanced to Rs.15,000/-.
11.Loss of estate:
No amount was awarded towards loss of estate by the Tribunal.
Therefore, a sum of Rs.15,000/- is awarded towards loss of estate.
12. Hence the compensation awarded to the claimants comes to
Rs.14,60,440/-.
Head Amount (Rs.)
Loss of Income 13,15,440/-
Loss of love and affection 50,000/- each
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C.M.A.No.1924 of 2015
Head Amount (Rs.)
Funeral expenses 15,000/-
Transportation charges 15,000/-
Loss of estate 15,000/-
Total 14,60,440/-
13. Therefore, the Tribunal's award of Rs.10,15,600/- is enhanced to
Rs.14,60,440/-. The claimants are entitled to get equal share as fixed by the
Tribunal. The interest fixed by the Tribunal at 7.5% is unaltered.
14. The insurance company is directed to deposit the entire award
amount along with interest and costs within a period of twelve weeks from
the date of receipt of a copy of this order, after deducting the amount already
deposited, if any. On such deposit being made, the Tribunal is directed to
transfer the respective shares of the claimants along with proportionate
interest and costs to their respective bank accounts through RTGS within a
period of one week thereon. Accordingly, the appeal is partly allowed.
11.03.2021
AT
Index : Yes / No
Internet : Yes/ No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1924 of 2015
To
1.The Motor Accidents Claims Tribunal,
Chief Judge, Small Causes Court, Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1924 of 2015
RMT.TEEKAA RAMAN,J.
AT
C.M.A.No.1924 of 2015
11.03.2021
https://www.mhc.tn.gov.in/judis/
