Madras High Court
Arjunan vs Harijinder Singh Gill on 7 October, 2021
C.M.A.No.2108 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2108 of 2021
1.Arjunan
2.Malliga
3.Minor Chitra ... Appellants
(Minor 3rd Appellant is rep.
by next friend Malliga, the
second Appellant herein)
Vs
1.Harijinder Singh Gill
2.The Branch Manager,
The National Insurance Company Ltd.,
Dadri Palika, G.T.Road, Dadri – 203207,
State Code-9, Uttarpradesh. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, challenging the award passed in judgment and decree
dated 07.05.2020 made in MCOP.No.874 of 2018 on the file of the Motor
Accident Claims Tribunal, Additional District Judge, Krishnagiri.
For Appellant : Mr.S.P.Yuaraj
For Respondent 2 : Ms.R.Sreevidhya
For Respondent 1 : No appearance
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C.M.A.No.2108 of 2021
JUDGMENT
This Appeal has been filed by the claimants seeking enhancement of
compensation under the impugned award dated 07.05.2020 passed by the
Motor Accident Claims Tribunal (Additional District Court, Krishnagiri) in
MCOP.No.874 of 2018.
2. The Appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred this appeal seeking
for enhancement of compensation. The details of the compensation awarded
by the Tribunal are as follows:
Heads Award Amount
(Rs.)
Loss of income 13,60,800/-
(9000 + 40% = 12600
– 50% = 6300 x 12 x
18)
Loss of love and affection 80,000/-
Funeral Expenses 15,000/-
Loss of estate 15,000/-
Total 14,70,800/-
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C.M.A.No.2108 of 2021
3. The deceased was aged 19 years at the time of the accident which
happened on 30.11.2017. The cause of the accident has not been disputed by
the respondents before the Tribunal. The only question that arises for
consideration is whether the Appellants/claimants are entitled for
enhancement of compensation or not.
4. In the claim petition, the Appellants/claimants who are the
dependants of the deceased have pleaded that the deceased was working as
a manager (production) in E-Land Apparel Ltd., Bangalore and earning
Rs.19,800/- per month at the time of the accident. Since the
Appellants/claimants have not been able to prove the income of the
deceased, the Tribunal has fixed the notional monthly income of the
deceased at Rs.9,000/-. The Appellants/claimants have filed the salary
certificates for the months of May 2017, June 2017 & July 2017 which have
been marked as Ex.P7, Ex.P8 & Ex.P9 respectively before the Tribunal. As
seen from the salary certificates, the deceased was earning Rs.19,800/- per
month. However, the Appellants/claimants have not examined the employer
of the deceased to prove the same. The accident happened on 30.11.2017.
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C.M.A.No.2108 of 2021
After giving due consideration to the year of the accident and the salary
certificates filed by the Appellants/claimants before the Tribunal which
have been marked as Ex.P7, Ex.P8 & Ex.P9 which discloses that the
deceased was working as a manager (production) in E-Land Apparel Ltd.,
Bangalore and earning Rs.19,800/- per month at the time of the accident,
this Court is of the considered view that the assessment of notional monthly
income of the deceased fixed by the Tribunal at Rs.9,000/- is low and it has
to be enhanced. Accordingly, this Court enhances the notional monthly
income of the deceased to Rs.12,000/- from Rs.9,000/- erroneously fixed by
the Tribunal.
5. The Tribunal has awarded loss of future prospects at 40%, after
giving due consideration to the avocation and age of the deceased which is
confirmed by this Court. The Tribunal has also deducted 50% towards
personal expenses of the deceased as the deceased was a bachelor at the
time of the accident which is also confirmed by this Court as it is in
accordance with law. The Tribunal has adopted the correct multiplier of 18,
since the deceased was aged 19 years at the time of the accident which is
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C.M.A.No.2108 of 2021
also confirmed by this Court. Since the notional monthly income of the
deceased is enhanced to Rs.12,000/- from Rs.9,000/- fixed by the Tribunal,
the compensation towards loss of income is enhanced to Rs.18,14,400/-
(12000 + 40% = 16800 – 50% = 8400 x 12 x 18) from Rs.13,60,800/-
erroneously fixed by the Tribunal.
6. Insofar as the compensation awarded by the Tribunal under various
other heads namely loss of love and affection at Rs.80,000/-, funeral
expenses at Rs.15,000/- and Loss of estate at Rs.15,000/- are concerned, the
same is a just compensation and it does not call for any interference by this
Court and therefore, the same is confirmed by this Court.
7. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.19,24,400/- from Rs.14,70,800/- as detailed
hereunder:
Heads Amount awarded by Amount awarded
the Tribunal by this Court
(Rs.) (Rs.)
Loss of income 13,60,800/- 18,14,400/-
(9000 + 40% = 12600 (12000 + 40% =
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C.M.A.No.2108 of 2021
Heads Amount awarded by Amount awarded
the Tribunal by this Court
(Rs.) (Rs.)
– 50% = 6300 x 12 x 16800 – 50% = 8400
18) x 12 x 18)
Loss of love and 80,000/- 80,000/-
affection
Funeral Expenses 15,000/- 15,000/-
Loss of estate 15,000/- 15,000/-
Total 14,70,800/- 19,24,400/-
8. In the result, the appeal is partly allowed by enhancing the award
amount from Rs.14,70,800/- to Rs.19,24,400/-. The respondents are jointly
and severally directed to deposit the enhanced award amount, together with
interest from the date of claim till the date of deposit, after deducting the
amount already deposited if any, to the credit of MCOP.No.874 of 2018
within a period of four weeks from the date of receipt of a copy of this
Judgment. On such deposit being made, the Tribunal shall transfer the
respective share of award amount lying to the credit of MCOP.No.874 of
2018 to the bank account of the first and second Appellants/first and second
claimants through RTGS as per the ratio apportioned by the Tribunal within
a period of one week thereafter. Since the third Appellant/third claimant is a
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C.M.A.No.2108 of 2021
minor, her respective share of award amount, as per the ratio apportioned by
the Tribunal shall be deposited in the interest bearing fixed deposit in any
one of the Nationalised Bank till she attains the age of majority and her
mother, the second Appellant is permitted to withdraw the interest accrued
once in six months, till she attains the age of majority. If the third
Appellant/third claimant attains the age of majority, it is open for her to file
a formal petition before the Tribunal to declare her as major. No costs.
07.10.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
To
1. The Additional District Judge, Krishnagiri.
2.The Section Officer, V.R.Section, High Court of Madras.
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C.M.A.No.2108 of 2021
ABDUL QUDDHOSE, J.
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C.M.A.No.2108 of 2021
07.10.2021
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