Madras High Court
Kavitha vs Kuppusamy on 8 October, 2021
C.M.A.No.2088 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2088 of 2021
1. Kavitha
2. Rajendra
3. Deeksha .. Appellants
Vs.
1. Kuppusamy
2. United India Insurance Company Limited,
119, Silvestra Orcade East Park Road,
11th Cross, Malleswaram, Bangalore. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the fair and decreetal order dated
14.12.2020, made in M.C.O.P.No.68 of 2019, on the file of the Motor
Accidents Claims Tribunal, Special District Court, Dharmapuri.
For Appellants : Mr.T.L.Thirumalaisamy
For Respondent 2 : Mr.V.Murali
for Mr.J.Chandran
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C.M.A.No.2088 of 2021
JUDGMENT
(The case has been heard through video conference)
This appeal has been filed by the claimants seeking enhancement of
compensation under the impugned Award dated 14.12.2020, passed by the
Motor Accidents Claims Tribunal, Special District Court, Dharmapuri in
M.C.O.P.No.68 of 2019.
2. The appellants/claimants not satisfied with the quantum of
compensation awarded by the Tribunal have preferred this appeal seeking
for enhancement. The details of the compensation awarded by the Tribunal
under the impugned Award are as follows:
Sl.No. Heads Amount in Rs.
1. Loss of dependency 9,72,000
2. Loss of filial consortium (claimants 1 & 2) 80,000
3. Loss of love and affection (claimant 3) 40,000
4. Loss of estate 15,000
5. Funeral expenses 15,000
Total 11,22,000
3. The deceased was a student aged 19 years at the time of the
accident, which happened on 13.10.2018. The cause of the accident has not
been disputed by the respondents. The only question that arises for
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C.M.A.No.2088 of 2021
consideration is whether the appellants/claimants are entitled for
enhancement.
4. The Tribunal has fixed the notional monthly income of the deceased
at Rs.6,000/-. Since the accident happened in the year 2018, this Court is of
the considered view that the notional monthly income fixed by the Tribunal
at Rs.6,000/- is low and it has to be enhanced to Rs.9,000/-. Accordingly,
this Court enhance the notional monthly income of the deceased at
Rs.9,000/-. The Tribunal has awarded compensation towards loss of future
prospectus at 40% based on the age of the deceased, which is a correct
assessment and the same is confirmed by this Court. The Tribunal has
adopted multiplier of 18, since the deceased was aged 19 years at the time of
the accident, which is correct assessment and the same is confirmed by this
Court. Since the Tribunal has also rightly adopted 15% towards personal
expenses of the deceased, as the deceased was a bachelor at the time of the
accident, which is a correct deduction. Since the notional monthly income of
the deceased has been enhanced by this Court to Rs.9,000/-, the loss of
dependency is enhanced by this Court from 9,72,000/- to Rs.13,60,800/-.
5. The Tribunal has awarded compensation of Rs.80,000/- to the
parents of the deceased at the rate of Rs.40,000/- each, which is a correct
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C.M.A.No.2088 of 2021
assessment and the same is confirmed by this Court. The Tribunal has
awarded compensation of Rs.40,000/- to the sister of the deceased, which is
on the higher side and therefore this Court reduces the compensation
towards loss of love and affection to the sister of the deceased namely third
appellant / third claimant to Rs.20,000/- instead of Rs.40,000/- erroneously
fixed by the Tribunal. In so far as compensation awarded by the Tribunal
towards loss of estate at Rs.15,000/- and towards funeral expenses at
Rs.15,000/- are concerned, the same are just compensation and does not call
for any interference by this Court and the same is confirmed by this Court.
6. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is enhanced to Rs.14,90,800/- instead
of Rs.11,22,000/- awarded by the Tribunal. Since the owner of the insured
vehicle which caused the accident does not possess a valid permit, the
Tribunal has directed the second respondent / insurance company to pay the
compensation and recover the same from the first respondent / insured and
the same is confirmed by this Court. The details of the compensation now
awarded by this Court is detailed hereunder:
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C.M.A.No.2088 of 2021
Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
1. Loss of dependency 9,72,000 13,60,800 Enhanced
2. Loss of filial consortium 80,000 80,000 Confirmed
(claimants 1 & 2)
3. Loss of love and affection 40,000 20,000 Reduced
(claimant 3)
4. Loss of estate 15,000 15,000 Confirmed
5. Funeral expenses 15,000 15,000 Confirmed
Enhanced by
Total 11,22,000 14,90,800
Rs.3,68,800/-
7. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.11,22,000/- awarded by the Tribunal is hereby
enhanced to Rs.14,90,800/- together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit. The second
respondent / insurance company is directed to deposit the enhanced award
amount now determined by this Court along with interest and costs, less the
amount already deposited, if any, within a period of four weeks from the date
of receipt of a copy of this judgment to the credit of M.C.O.P.No.68 of 2019,
on the file of the Motor Accidents Claims Tribunal, Special District Court,
Dharmapuri. On such deposit, the appellants/claimants are permitted to
withdraw the award amount now determined by this Court, along with
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C.M.A.No.2088 of 2021
interest and costs, less the amount, if any, already withdrawn by making
necessary applications before the Tribunal. The appellants/claimants are
directed to pay necessary Court fee, if any, on the enhanced compensation
now determined by this Court. No costs.
08.10.2021
Index : Yes / No
kk
To
1. The Motor Accidents Claims Tribunal,
Special District Court, Dharmapuri.
2. The Section Officer,
VR Section, High Court, Madras.
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C.M.A.No.2088 of 2021
ABDUL QUDDHOSE, J.
kk
C.M.A.No.2088 of 2021
08.10.2021
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