Madras High Court
Rajeswari vs M.Uma Maheswari on 8 November, 2021
C.M.A.No.3153 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.3153 of 2017
[video conferencing]
Rajeswari Appellant / Petitioner
Vs.
1.M.Uma Maheswari
2.United India Insurance Company Ltd.,
Arcot Road,
Saligramam, Chennai – 600 093. ... Respondents / Respondents
st
[No relief sought against the 1 respondent,
hence notice may be dispense with]
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Decree and Judgment dated
22.12.2016 made in M.C.O.P.No.326 of 2015 on the file of the Motor
Accident Claims Tribunal, II Additional District Court, Poonamallee.
For Appellant : Mr.C.Prabakaran
For R1 : No appearance
For R2 : Mrs.Vijaya Kamala
*****
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C.M.A.No.3153 of 2017
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award passed in
M.C.O.P.No.326 of 2015 dated 22.12.2016 on the file of the Motor Accidents
Claims Tribunal cum II Additional District Judge, Poonamallee.
2.The appellant is the claimant in M.C.O.P.No.326 of 2015, on the file
of the Motor Accidents Claims Tribunal, II Additional District Judge,
Poonamallee. The appellant has filed the above said claim petition, claiming a
sum of Rs.10,03,000/- as compensation for the death of Sukumar @
Sukumaran, who died in the accident took place on 02.08.2015.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to the rash and negligent
driving by the driver of the bus belonging to the 1 st respondent herein and
directed the 1st respondent / owner of the vehicle and the 2 nd respondent /
Insurance Company and directed the 2nd respondent / Insurance Company to
pay a sum of Rs.10,44,500/- as compensation to the appellant.
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C.M.A.No.3153 of 2017
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present Civil Miscellaneous Appeal seeking
enhancement of compensation.
5.The learned counsel appearing for the claimant would submit that the
Trial Court has not considered the future prospects and also the correct
multiplier has not been adopted for calculating the loss of income. It is further
submitted that the Trial Court ought to have deducted 1/3rd of the income of
the deceased instead of 1/2nd income since the claimant is widowed mother.
The learned counsel has no objection pertaining to the monthly income of the
deceased as Rs.8,750/- fixed by the Tribunal.
6.Per Contra, the learned counsel appearing for the 2nd respondent /
Insurance Company contended that the amounts awarded by the Tribunal
under different heads are not meager. The appellant has not made out any
case for enhancement of compensation and prayed for dismissal of the appeal.
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C.M.A.No.3153 of 2017
7.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the 2nd respondent / Insurance Company and
perused the entire materials on record.
8.The Tribunal has awarded a sum of Rs.50,000/- towards funeral and
transport expenses which is obviously on the higher side and hence the same
is reduced to Rs.30,000/- Further the Tribunal has awarded Rs.1,00,000/-
towards loss of love and affection which is also on the higher side and hence,
the same is reduced to Rs.40,000/-.
9.On perusal, as submitted by the learned counsel for the appellant, the
Tribunal has not awarded any compensation towards future prospects.
Considering the age, nature of avocation and as per National Insurance
Company Limited Vs. Pranay Sethi and Others case 40% of the income has to
be taken into consideration for considering future prospects. Further the
Tribunal has erroneously deducted 1/2nd of income without considering the
fact that the claimant is a widowed mother. The Tribunal has also adopted
wrong multiplier of “17” instead of “16”. Hence, the loss of income has to be
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C.M.A.No.3153 of 2017
calculated considering the above facts. It would come to Rs.15,68,064/-
[8750 + 3500 (40%) = 12250/-]. By deducting 1/3 would come to Rs.8167/-
[8167 X 12 X “16”] = Rs.15,68,094/-. Thus, the compensation awarded by
the Tribunal is modified as follows:
Sl. Description Amount Amount Award
No. awarded by the awarded by this confirmed
Tribunal Court (Rs.) or
(Rs.) enhanced
or granted
1 Loss of income Rs.8,92,500/- Rs.15,68,064/- enhanced
2 Funeral and transport Rs.50,000/- Rs.30,000/- reduced
expenses
3 Loss of love & affection Rs.1,00,000/- Rs.40,000/- reduced
4 Loss of amenities Rs.2,000/- Rs.2,000/- confirmed
Total Rs.10,44,500/- Rs.16,40,064/- Enhanced
Rounded off @
Rs.16,40,000/-
9.In the result, this Civil Miscellaneous Petition is partly allowed and
the compensation awarded by the Tribunal at Rs.10,44,500/- is hereby
enhanced to Rs.16,40,000/- together with interest at the rate of 9% per annum
from the date of filing of petition till the date of deposit. The 2 nd 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,
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C.M.A.No.3153 of 2017
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.326 of 2015, on the file of the Motor
Accidents Claims Tribunal, II Additional District Judge, Poonamallee. On
such deposit, the appellant is permitted to withdraw the 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. No costs.
08.11.2021
(2/2)
ssi
Index : Yes / No
Internet : Yes/ No
Speaking/Non-speaking Order
To:
1.The II Additional District Judge,
Motor Accidents Claims Tribunal,
Poonamallee.
2.The Section Officer,
VR Section, High Court, Madras.
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C.M.A.No.3153 of 2017
S.KANNAMMAL, J.
ssi
C.M.A.No.3153 of 2017
08.11.2021
https://www.mhc.tn.gov.in/judis
