Madras High Court
Anand vs Jegan on 29 November, 2021
C.M.A.(MD)No.188 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.188 of 2020
1.Anand
2.Arun
3.Pradeepa :Appellants/Petitioners
Vs.
1.Jegan
2.The United Insurance Company Ltd.,
Through its Branch Manager,
No.560X, 2nd Floor,
Kandhan Complex
Opp. Valliyoor Bus Stand
Valliyoor. :Respondents/Respondents
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to
allow this appeal enhance the award amount in M.C.O.P.No.191 of 2016 on the
file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court),
Tirunelveli, dated 11.08.2017.
For Appellant : Mr.T.Selvakumaran
For R2 : Mr.J.S.Murali
For R1 : No appearance
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.188 of 2020
JUDGMENT
This appeal is filed by the appellants/claimants to enhance the award
amount passed in M.C.O.P.No.191 of 2016 by the Motor Accident Claims Tribunal
(Chief Judicial Magistrate Court), Tirunelveli, dated 11.08.2017.
2.The facts of the case is that the accident, which took place on
02.08.2016 at about 07.50 a.m., when the deceased was riding a motor cycle
bearing Registration No.TN-74-AA-6986 from Aralvaimozhi to Nagerkoil main
road, a tipper lorry bearing Registration No.TN-72-AX-9699 belonging to the first
respondent insured with the second respondent, came from behind back of the
deceased and dashed against the deceased motorcycle. Due to which, the deceased
sustained grievous injuries and he was taken to Asaripallam Hospital, Nagerkoil,
where he succumbed to injuries. The claimants of the deceased filed a claim
petition in M.C.O.P.No.191 of 2016 before the Motor Accident Claims Tribunal
(Chief Judicial Magistrate Court), Tirunelveli, seeking compensation of Rs.
10,00,000/-
3.Before the Tribunal, on the side of the claimants one witness was
examined as P.W.1 and 12 documents were marked as Exs.P.1 to P.12 and on the
side of the respondents no witness was examined and no document was marked.
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C.M.A.(MD)No.188 of 2020
4.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments advanced on either side and also on appreciating the
evidences on record, held that the accident was occurred only due to the rash and
negligent driving of the driver of the lorry and directed the respondents therein
jointly or separately to pay compensation of Rs.2,70,000/-. Aggrieved over the
order of the Tribunal, the appellants/claimants has filed the present C.M.A.
5.The learned counsel appearing for the appellants/claimants contended that
at the time of accident, the deceased was working as a Carpenter and to prove that
the claimants filed Ex.P.5 to Ex.P.7. The claimants have failed to prove before the
Tribunal that whether the deceased continued to work as a Carpenter. The learned
counsel for the appellant further submitted that the deceased bank pass-book,
which was marked as Ex.P.4, wherein every month Rs.5,000/- was deposited in his
account and as per which, the Tribunal, fixed the monthly income of the deceased
as Rs.4,500/- as well as the judgment in the case of The Managing Director, State
Transport Corporation, Kumbakonam- vs- Marikannu and others reported in
2016(2) TNMACT 788.
6.Considering the submission of the learned counsel appearing for the
appellants/claimants, this Court is inclined to fix the monthly income of the
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C.M.A.(MD)No.188 of 2020
deceased as Rs.5,000/- instead of Rs.4,500/-. Accordingly, this Court modified the
monthly income of the deceased is Rs.5,000/- and deduct 1/3rd on the personal
expenses. The loss of income is Rs.2,00,000/- instead of Rs.1,80,000/-. The
appellants/claimants are entitled to Rs.40,000/- each towards love and affection
and the total amount is Rs.1,20,000/-. The appellants/claimants are entitled to get
Rs.15,000/- towards funeral expenses instead of Rs.10,000/-. The Tribunal granted
a sum of Rs.10,000/- towards transportation is also confirmed by this Court.
Therefore, the compensation awarded by the Tribunal stands revised from Rs.Rs.
2,70,000/- to Rs.Rs.3,45,000//- in the manner stated below:
S.No. Description Awarded by
Amount awarded by this Court
Tribunal This Court
1. Loss of Income Rs.1,80,000/- Rs.2,00,000/- (Modified)
2. Loss of love and Rs.75,000/- Rs.1,20,000/- (Modified)
affection (each petitioner
Rs.40,000)
3. For Transportation Rs.10,000/- Rs.10,000/- (Confirmed)
4. Funeral Expenses Rs.5,000/- Rs.15,000/- (Modified)
Rs.2,70,000/- Rs.3,45,000/- (Enhanced)
Total Compensation
7.In view of the above, the judgment and decree of the trial Court
passed in M.C.O.P.No.191 of 2016 are modified and the compensation is reduced
from Rs.2,70,000/- to Rs.3,45,000/- and the Civil Miscellaneous Appeal is allowed
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C.M.A.(MD)No.188 of 2020
in part. The respondents are directed to deposit the enhanced award amount of
Rs.3,45,000/-, if already not deposited, within a period of six weeks from the date
of receipt of a copy of this judgment, along with interest at the rate of 7.5% p.a.
On such deposit being made, the appellants/claimants 1 to 3 are entitled to
withdraw their shares, as apportioned by the Tribunal, by filing necessary
application before the Tribunal. No costs.
29.11.2021
Index :Yes/No
Internet :Yes/No
Ns
To
1.The Motor Accident Claims Tribunal
(Chief Judicial Magistrate Court),
Tirunelveli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.188 of 2020
S.ANANTHI, J.
Ns
C.M.A.(MD)No.188 of 2020
29.11.2021
https://www.mhc.tn.gov.in/judis
