Madras High Court
Malliga vs Suresh Kumar on 19 November, 2021
C.M.A.No.1664 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.1664 of 2018
1.Malliga
2.Alamelu
3.Jayanthi .. Appellants
Vs.
1.Suresh Kumar
2.United India Insurance Company Limited,
Branch Office,
Dharmapuri Post and District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
25.04.2018 made in M.C.O.P.No.306 of 2017, on the file of the Motor
Accidents Claims Tribunal, Special District Judge, Dharmapuri.
For Appellants : Mr.S.Sathiaseelan
For R2 : Mr.C.Paranthaman
1/8
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C.M.A.No.1664 of 2018
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid mode”.
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 25.04.2018 made in
M.C.O.P.No.306 of 2017, on the file of the Motor Accidents Claims Tribunal,
Special District Judge, Dharmapuri.
2.The appellants are the claimants in M.C.O.P.No.306 of 2017, on the
file of the Motor Accidents Claims Tribunal, Special District Judge,
Dharmapuri. The appellants are the daughters of the deceased. They filed the
above said claim petition, claiming a sum of Rs.10,00,000/- as compensation
for the death of Balakrishnan, who died in the accident that took place on
23.06.2016.
3.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 crane vehicle belonging to the first respondent and directed
the 2nd respondent/Insurance Company being insurer of the said vehicle to
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C.M.A.No.1664 of 2018
pay a sum of Rs.1,30,000/- as compensation to the appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that the
deceased was an agriculturist and doing milk vendor business and was
earning a sum of Rs.15,000/- per month. The Tribunal fixed meagre sum of
Rs.2,500/- per month as notional income of the deceased and granted only a
sum of Rs.1,00,000/- towards pecuniary loss. The deceased has taken
treatment in the Government Medical College Hospital, Dharmapuri as
inpatient for 24 days from 23.06.2016 to 16.07.2016. The Tribunal has not
awarded any compensation towards pain and sufferings, attendant charges,
transport expenses and loss of love & affection and prayed for enhancement
of compensation.
6.Per contra, the learned counsel appearing for the second
respondent/Insurance Company contended that the appellants have not
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C.M.A.No.1664 of 2018
produced any material evidence to prove that the deceased was earning a sum
of Rs.15,000/- per month. In the absence of any material evidence to prove the
avocation and income of the deceased, a sum of Rs.2,500/- per month fixed by
the Tribunal as notional income of the deceased is not meagre. The Tribunal
after considering both oral and documentary evidence in proper perspective
has granted just compensation, which is not meagre. The appellants have not
made out any case for enhancement of compensation and prayed for dismissal
of the appeal.
7.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the second respondent/Insurance Company and
perused the entire materials on record.
8.It is the contention of the appellants that the deceased was an
agriculturist and a milk vendor was earning a sum of Rs.15,000/- per month.
They failed to prove the said contention. In the absence of any material
evidence with regard to avocation and income of the deceased, the Tribunal
fixed a sum of Rs.2,500/- per month as notional income of the deceased. The
accident occurred in the year 2016 and the notional income fixed by the
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C.M.A.No.1664 of 2018
Tribunal is meagre. Therefore, a sum of Rs.9,000/- per month is fixed as
notional income of the deceased. The deceased was aged 80 years at the time
of accident. The Tribunal following the judgment of the Hon'ble Apex Court
reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others
Vs. Delhi Transport Corporation & another] rightly adopted multiplier ''5".
There are three dependants of the deceased and the Tribunal has deducted
1/3rd towards personal expenses of the deceased, which is proper. Thus, by
fixing Rs.9,000/- per month as notional income of the deceased, the
compensation awarded by the Tribunal towards pecuniary loss is modified to
Rs.3,60,000/- [Rs.9,000/- X 12 X 5 X 2/3]. The deceased has taken treatment
in the Government Medical College Hospital, Dharmapuri as inpatient for 24
days from 23.06.2016 to 16.07.2016. The Tribunal has not awarded any
amounts towards pain & sufferings, attendant charges and transportation
charges. Considering the period of treatment, a reasonable sum of Rs.40,000/-
, Rs. 6,000/- and Rs.15,000/- are granted towards pain & sufferings, attender
charges and transportation charges. The Tribunal failed to award
compensation towards loss of love & affection. A reasonable sum of
Rs.1,20,000/- is granted towards loss of love & affection. The amounts
awarded by the Tribunal towards loss of estate and funeral expenses are just
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C.M.A.No.1664 of 2018
and reasonable and hence the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S.No Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted
1. Pecuniary loss 1,00,000/- 3,60,000/- Enhanced
2. Loss of estate 15,000/- 15,000/- Confirmed
3. Funeral 15000/- 15,000/- Confirmed
expenses
4. Loss of love - 1,20,000/- Granted
and affection
5. Pain and - 40,000/- Granted
sufferings
6 Attendant - 6,000/- Granted
charges
7 Transportation - 15,000/- Granted
charges
Total Rs.1,30,000/- Rs.5,71,000/- Enhanced by
Rs.4,41,000/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.1,30,000/- is hereby enhanced to
Rs.5,71,000/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The second respondent/Insurance
Company is directed to deposit the award amount now determined by this
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C.M.A.No.1664 of 2018
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.306 of 2017, on the file of the Motor
Accidents Claims Tribunal, Special District Court, Dharmapuri. 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 interest and
costs, less the amount if any, already withdrawn by making necessary
applications before the Tribunal. No costs.
19.11.2021
mpa
Index : Yes / No
Internet : Yes / No
To
1.The Special District Judge,
Motor Accident Claims Tribunal,
Dharmapuri.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1664 of 2018
S.KANNAMMAL, J.
mpa
C.M.A.No.1664 of 2018
19.11.2021
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