Madras High Court
M.Sarasu vs Pandidurai on 9 November, 2021
CMA(MD)No.416 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.416 of 2019
M.Sarasu
... Appellant
vs.
1.Pandidurai
2.The Branch Manager,
The National Insurance Co. Ltd.,
No.5, 1st Floor, College Road,
Karaikudi, Sivagangai District.
3.T.Maheswari
4.Duraiarasan
5.Anbusaravanan
6.Rajathi ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the Judgment and decree dated
20.02.2019 in MCOP.No.769 of 2017 on the file of the Motor Accidents
Claims Tribunal, Additional District Court, Pudukottai.
For Appellant :Mr.S.N.Kamesh
For Respondents : Mrs.P.Malini for R2
Mr.D.Gnanasekaran for R3 to R6
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CMA(MD)No.416 of 2019
JUDGMENT
The appellant filed this appeal to set aside the Judgment and
decree dated 20.02.2019 in MCOP.No.769 of 2017 on the file of the
Motor Accidents Claims Tribunal, Additional District Court, Pudukottai.
2. On 07.07.2017, the deceased, namely, Muthu Aasari, who was
aged 62 years was riding a TVS XL SUPER bearing Registration No.TN
49 AW 2356. At that time, a private bus bearing Registration No.TN 63
AR 6930, owned by the first respondent and insured with the second
respondent came in a rash and negligent manner and dashed against the
two wheeler, as a result of which, the deceased died on the spot.
3. The appellant is the wife of the deceased. The sixth respondent
is the second wife of the deceased. The respondents 3 to 5 are the
children born to the deceased and the sixth respondent. The
appellant/claimant filed MCOP.No.769 of 2017 before the Motor
Accidents Claims Tribunal, Additional District Court, Pudukottai
claiming compensation for the demise of Muthu Aasari.
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CMA(MD)No.416 of 2019
4. The Motor Accidents Claims Tribunal, Additional District
Court, Pudukottai after perusing the materials on record, fixed 20%
contributory negligence on the part of the deceased and awarded a sum of
Rs.3,77,770/- together with interest at the rate of 7.5% to the appellant
and respondents 3 to 6 as compensation. Seeking enhancement of the
awarded compensation and questioning the share granted to the sixth
respondent, the appellant has filed this appeal.
5. The learned counsel appearing for the appellant submitted that
the monthly income of the deceased fixed by the Tribunal at Rs.5,000/- is
very low, for the accident that took place in the year 2017. He further
submitted that the compensation awarded by the Tribunal under other
heads are also low. Hence, he seeks enhancement of compensation
awarded by the Tribunal. He also submitted that the sixth respondent is
the illegal wife of the deceased and therefore, she is not entitled to any
compensation.
6. The learned counsel appearing for the respondents 3 to 6
submitted that the Tribunal after elaborate consideration of evidences and
documents, concluded that the respondents 3 to 6 are the dependants of
the deceased and hence they are entitled for compensation. Therefore, he
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CMA(MD)No.416 of 2019
submits that the sixth respondent is also entitled to get compensation in
this case.
7. The learned counsel appearing for the second
respondent/Insurance Company submitted that the Tribunal after
analysing the evidences and documents awarded a just compensation and
the same need not be enhanced.
8. The deceased was working as Carpenter. The appellant has not
filed any document to prove the age and income of the deceased. As per
the legal heirship certificate, Ex.P5, the age of the deceased on the date
of accident is 62. The accident took place in the year 2017. Since, the
deceased was working as Carpenter, this Court is inclined to fix the
monthly income at Rs.6,000/-. As per the decision of the Hon'ble
Supreme Court in National Insurance Co. vs Pranay sethi and others
reported in 2017 (2) TNMAC 601, 10% should be added towards the
future prospects of the deceased. Therefore, Rs.6,000/- + Rs.600/- (10%
of Rs.6,000/-) = Rs.6,600/-. As per the legal heirship certificate, Ex.P5,
there are four dependants depending on the income of the deceased and
hence 1/4th of the income deducted by the Trial Court towards the
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CMA(MD)No.416 of 2019
personal expenses of the deceased is confirmed. Hence, it would amount
to Rs.6,600/- x 1/4 deduction = Rs.4,950/- Further, the multiplier 7
adopted by the Trial Court is also hereby confirmed. Thus, the loss of
dependency would come to Rs.4,950 /- x 12 x 7 = Rs.4,15,800/-. Rs.
35,000/- awarded to the appellant/ claimant towards loss of consortium is
enhanced to Rs.50,000/-. A sum of Rs.15,000/- awarded by the Tribunal
towards loss of estate is enhanced to Rs.20,000/-. The sum of
compensation awarded towards loss of love and affection to respondents
3 to 5 appears to be meagre. Hence, Rs.30,000/- awarded under the head
loss of love and affection is enhanced to Rs.1,20,000/- and the
respondents 3 to 5 are entitled for Rs.40,000/- each. All the other heads
awarded by the Trial Court are hereby confirmed.
9. From the records and evidences it is well clear that the sixth
respondent is not a legal wife of the deceased. Hence, this Court is not
inclined to grant any compensation to the sixth respondent.
10. The award passed by this Court under various heads is
extracted hereunder:
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CMA(MD)No.416 of 2019
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.4,15,800 /-
2. Loss of consortium to appellant Rs.50,000/-
3. Loss of love and affection to the Rs.1,20,000/-
3rd, 4th and 5th appellants
4. Transport Expenses Rs.10,000/-
5. Funeral Expenses Rs.15,000/-
6. Loss of Estate Rs.20,000/-
Total Rs.6,30,800/-
Contributory Negligence 20% Rs.1,26,160/-
Compensation Awarded by this Court Rs.5,04,640/-
11. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.3,77,770/- to Rs.5,04,640/- with interest at the rate of 7.5% per
annum.
(iii) The appellant and respondents 3 to 5 are directed to pay the
court fee for the enhanced compensation amount, if any.
(iv) The second respondent, National Insurance Company Limited
is directed to deposit the enhanced compensation amount i.e., Rs.
5,04,640/- (less the amount already deposited), if any, together with
interest at the rate of 7.5% per annum from the date of claim petition till
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CMA(MD)No.416 of 2019
the date of deposit to the credit of MCOP.No.769 of 2017 on the file of
the Motor Accident Claims Tribunal / Additional District Court,
Pudukottai within a period of six weeks from the date of receipt of a copy
of this order.
(v) On such deposit being made, the appellant and respondent 3 to
5 are at liberty to withdraw the same in the following apportionment after
following due process of law. The appellant is entitled to 50% share of
the total compensation awarded by this Court. The remaining 50% of the
compensation shall be shared by the respondents 3 to 5 equally.
09.11.2021
Index : Yes/No
Internet : Yes/No
mbi
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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CMA(MD)No.416 of 2019
S.ANANTHI, J.
mbi
To
The Motor Accidents Claims Tribunal,
Additional District Court, Pudukottai
CMA(MD)No.416 of 2019
09.11.2021
https://www.mhc.tn.gov.in/judis
