Madras High Court
Rajeswari vs Manivannan on 16 November, 2021
CMA(MD)Nos.996 & 997 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)Nos.996 & 997 of 2021 &
CMP(MD)No.9437 of 2021
CMA(MD)No.996 of 2021
1.Rajeswari
2.Minor.Mohanram
(2nd appellant minor represented by his mother and
natural guardian/1st appellant)
3.Kamatchiyammal ... appellants
vs.
1.Manivannan
2.The Branch Manager,
United India Insurance Co. Ltd.,
Divisional Office,
19/2, Novrang Plaza, 2nd Floor,
Opposite to LGB Petrol Bunk,
Kovai road, Karur,
Karur District. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the Judgment and decree dated
19.07.2019 in MCOP.No.62 of 2014 on the file of the Motor Accidents
Claims Tribunal (Sub Court), Vedasandur, Dindigul District in so far as
they relate to quantum of compensation granted.
https://www.mhc.tn.gov.in/judis
CMA(MD)Nos.996 & 997 of 2021
For Appellants :Mr.I.Pinaygash
For Respondents : Mr.J.S.Murali for R2
No appearance for R1
CMA(MD)No.997 of 2021
1.M.Rajeswari ... appellant
vs.
1.Manivannan
2.The Branch Manager,
United India Insurance Co. Ltd.,
Divisional Office,
19/2, Novrang Plaza, 2nd Floor,
Opposite to LGB Petrol Bunk,
Kovai road, Karur,
Karur District. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the Judgment and decree dated
19.07.2019 in MCOP.No.130 of 2015 on the file of the Motor Accidents
Claims Tribunal (Sub Court), Vedasandur, Dindigul District in so far as
they relate to quantum of compensation granted.
For Appellant :Mr.I.Pinaygash
For Respondents : Mr.J.S.Murali for R2
No appearance for R1
https://www.mhc.tn.gov.in/judis
CMA(MD)Nos.996 & 997 of 2021
COMMON JUDGMENT
This appeal is filed to set aside the Judgment and decree dated
19.07.2019 in MCOP.Nos.62 of 2014 and 130 of 2015 on the file of the
Motor Accidents Claims Tribunal (Sub Court), Vedasandur, Dindigul
District.
2. On 11.03.2014, the deceased, namely, Maharajan, who was aged
38 years was riding his TVS-Max100 motorcycle bearing Registration
No.TN 69 W 9524 along with his wife Rajeswari and son Mohanram. At
that time, a lorry bearing Registration No.TN 47 V 9225, 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, Maharajan, died on the spot, his wife Rajeswari
sustained grievous injuries and his son sustained simple injuries.
3. MCOP.No.62 of 2014 was filed by the wife, son and mother of
the deceased claiming compensation for the demise of Maharajan.
MCOP.No.130 of 2015 was filed by the wife of the deceased, namely,
Rajeswari, claiming compensation for the injuries sustained by her in the
said accident.
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CMA(MD)Nos.996 & 997 of 2021
4. The Motor Accidents Claims Tribunal, Subordinate Court,
Vedasanthur, Dindigul District after perusing the materials on record,
awarded a sum of Rs.14,10,000/- together with interest at the rate of
7.5% per annum, as compensation to the claimants in MCOP.No.62 of
2014. Further in respect of MCOP.No.130 of 2015, the Tribunal after
analyzing the evidence on record, awarded a sum of Rs.55,000/- to the
claimant. Seeking enhancement of the awarded compensation
CMA(MD)No.996 of 2021 is filed against MCOP.No.62 of 2014 and
CMA(MD)No.997 of 2021 is filed against MCOP.No.130 of 2015.
5. (i) CMA(MD)No.996 of 2021: The learned counsel appearing
for the appellants submitted that as per Ex.P12, Salary Certificate, the
deceased was earning a sum of Rs.15,561/- per month. However, the
Tribunal wrongly fixed the monthly income of the deceased at Rs.
10,000/- and the same has to be enhanced. The learned counsel further
sought for enhancement of compensation under other heads also.
(ii) CMA(MD)No.997 of 2021: The learned counsel for the
appellant submitted that the when appellant/claimant, Rajeswari,
sustained grievous injuries and admitted in the Hospital as inpatient for
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CMA(MD)Nos.996 & 997 of 2021
two days, the Tribunal has awarded a meagre sum of Rs.55,000/- as
compensation and the same has to be enhanced.
6. The learned counsel appearing for the second respondent
submitted that, in both the cases, the Tribunal after elaborate
consideration of evidences and documents, awarded a just compensation
to the claimants and the same need not be enhanced.
7. (i) CMA(MD)No.996 of 2021: According to the appellants, the
deceased was working as Mill Supervisor in Sri Sankari Yarns Private
Limited. As per Ex.P12, Salary Certificate, the deceased was earning a
sum of Rs.15,561/- per month. However, the Tribunal fixed the monthly
income of the deceased at Rs.10,000/-. When the appellants/claimants
have adduced a proper evidence to prove that the deceased was earning a
sum of Rs.15,561/- per month, this court is inclined to fix the monthly
income of the deceased at Rs.15,561/-. There are four dependents
depending on the income of the deceased and hence 1/3rd of the income
deducted by the Trial Court towards the personal expenses of the
deceased is confirmed. Hence, it would amount to Rs.15,561/- x 1/3
deduction = Rs.10,374/- Further, the multiplier 16 adopted by the Trial
Court is also hereby confirmed. Thus, the loss of dependency would
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CMA(MD)Nos.996 & 997 of 2021
come to Rs.10,374 /- x 12 x 16 = Rs.19,91,808/-. Further, the Tribunal
has awarded a sum of Rs.40,000/- towards loss of love and affection to
the 2nd and 3rd appellants in total. However, this Court is of the
considered opinion that, Rs.40,000/- each can be awarded to the 2nd and
3rd appellants towards loss of love and affection. Further, Rs.50,000/-
awarded by the Tribunal towards loss of consortium to the first appellant
is hereby reduced to Rs.40,000/-. All the other heads awarded by the
Trial Court are hereby confirmed. The award passed by this Court under
various heads is extracted hereunder:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.19,91,808 /-
2. Loss of consortium to 1st Rs.40,000/-
appellant
3. Loss of love and affection to the Rs.80,000/-
2nd and 3rd appellants
4. Loss of Estate Rs.25,000/-
5. Funeral Expenses Rs.15,000/-
Total Rs.21,51,808/-
(ii) CMA(MD)No.997 of 2021: As per Ex.P10, Disability
Certificate, the disability sustained by the appellant/claimant due to
accident is 10%. The Tribunal without reducing the same, taken the
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CMA(MD)Nos.996 & 997 of 2021
disability at 10%, as assessed in the Disability Certificate. Further, the
Tribunal granted Rs.2,500/- per percentage of disability and awarded a
sum of Rs.25,000/- towards permanent disability. The Tribunal also
granted Rs.15,000/-, 10,000/- and Rs.5,000/- towards pain and sufferings,
nourishment and transportation respectively. The accident is of the year
2014. Hence, the amounts granted by the Tribunal are just and
reasonable. However, as far as medical expenses are concerned, the
Tribunal has not granted any amount. Even though, the
appellant/claimant has not produced any Medical Bills, considering the
fact that she took treatment in the Hospital as inpatient for two days, this
Court is inclined to grant Rs.20,000/- towards medical expenses. The
award passed by this Court under various heads is extracted hereunder:
S.No. Head Amount granted
by this court
1. Permanent Disability Rs.25,000 /-
2. Pain and Sufferings Rs.15,000/-
3. Nourishment Rs.10,000/-
4. Transportation Rs.5,000/-
5. Medical Expenses Rs.20,000/-
Total Rs.75,000/-
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CMA(MD)Nos.996 & 997 of 2021
8. CMA(MD)No.996 of 2021
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.14,10,000/- to Rs.21,51,808/- with interest at the rate of 7.5% per
annum.
(iii) The appellants are directed to pay the court fee for the
enhanced compensation amount, if any.
(iv) The second respondent is directed to deposit the enhanced
compensation amount i.e., Rs.21,51,808/- (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 the date of deposit to the credit of
MCOP.No.62 of 2014 on the file of the Motor Accident Claims Tribunal,
Subordinate Court, Vedasandur, Dindigul District within a period of four
weeks from the date of receipt of a copy of this order.
(v) On such deposit being made, the appellants 1 and 3 are at
liberty to withdraw the same after following due process of law. The
apportionment granted by the Tribunal shall be kept intact. The share of
the minor second appellant shall be deposited in any one of the
nationalized Banks, till he attains majority. The first appellant/mother and
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CMA(MD)Nos.996 & 997 of 2021
guardian of the minor second appellant is permitted to withdraw the
interest from the above said deposit, once in three months directly from
the Bank and utilize the same for the welfare of the child.
9. CMA(MD)No.997 of 2021
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.55,000/- to Rs.75,000/- with interest at the rate of 7.5% per annum.
(iii) The appellant is directed to pay the court fee for the enhanced
compensation amount, if any.
(iv) The second respondent is directed to deposit the enhanced
compensation amount i.e., Rs.75,000/- (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 the date of deposit to the credit of
MCOP.No.130 of 2015 on the file of the Motor Accident Claims
Tribunal, Subordinate Court, Vedasandur, Dindigul District within a
period of four weeks from the date of receipt of a copy of this order.
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CMA(MD)Nos.996 & 997 of 2021
S.ANANTHI, J.
mbi
(v) On such deposit being made, the appellant is at liberty to
withdraw the same after following due process of law.
16.11.2021
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.
To
The Motor Accidents Claims Tribunal,
Subordinate Court, Vedasandur,
Dindigul District.
CMA(MD)Nos.996 & 997 of 2021
https://www.mhc.tn.gov.in/judis
