Madras High Court
M. Thilagavathi vs M. Santhi on 8 October, 2021
CMA.No.1993 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 1993 of 2021
1. M. Thilagavathi
2. Minor Swetha
Rep. by mother guardian, NF,
M. Thilagavathi, the 1st appellant herein
3. Angamma ... Appellants
Vs.
1. M. Santhi
2. The Divisional Manager,
The New India Assurance Co. Ltd.,
DO III Floor, No.179, JN Street,
Puducherry - 605001. ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree passed in M.C.O.P.
No.4384 of 2018 dated 11.12.2020 on the file of the Motor Accidents
Claims Tribunal, I Additional District and Sessions Judge, Cuddalore.
For Appellants : Ms. Ramya V Rao
For Respondents : Mr. R. Sivakumar for R2
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 11.12.2020 passed by the
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CMA.No.1993 of 2021
I Additional District and Sessions Court, Motor Accident Claims
Tribunal, Cuddalore, in MCOP No.4384 of 2018.
2. The appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred this appeal
seeking for enhancement.
3.The details of compensation awarded by the Tribunal are as
follows:
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of income 16,12,800
Loss of consortium 40,000
Loss of love and affection 45,000
Transport Expenses 15,000
Funeral expenses 15,000
Total 17,27,800
4. Heard Ms.Ramya V. Rao, learned counsel for the appellants
and Mr.R. Sivakumar, learned counsel for the 2nd respondent / Insurance
Company.
5. The deceased was a Mason by profession at the time of the
accident. In the claim petition, the appellants / claimants have pleaded
that the deceased was earning Rs.50,000/-p.m. However, the Tribunal
has fixed the notional monthly income of the deceased at Rs.9,000/-,
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CMA.No.1993 of 2021
which in the considered view of this Court is low. Even though the
appellants / claimants have not filed any documentary evidence to prove
the income of the deceased, the fixation of the notional monthly income
at Rs.9,000/- is low as the accident happened in the year 2018. After
giving due consideration to the year of the accident and the avocation of
the deceased, this Court enhances the notional monthly income of the
deceased to Rs.12,000/- instead of Rs.9,000/- erroneously fixed by the
Tribunal. The Tribunal has awarded a compensation of Rs.16,12,800/-
towards loss of income by adopting the correct multiplier of 16 and by
correctly awarding future prospects at 40% to the appellants / claimants
as the deceased was aged 32 years at the time of the accident. Since the
notional monthly income of the deceased is enhanced by this Court to
Rs.12,000/-, the compensation towards loss of income to the appellants /
claimants is enhanced to Rs.21,50,400/- by this Court instead of
Rs.16,12,800/- erroneously fixed by the Tribunal.
6. With regard to the compensation awarded by the Tribunal
under other heads viz., towards loss of consortium at Rs.40,000/-;
towards loss of love and affection at Rs.45,000/-; towards Transport
expenses at Rs.15,000/- and towards funeral expenses at Rs.15,000/- are
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CMA.No.1993 of 2021
concerned the said compensation cannot be considered to be unjust, as
alleged by the appellant / claimants and therefore, the same is confirmed
by this Court.
7. For the foregoing reasons, the award of the Tribunal is hereby
enhanced in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of income 16,12,800 21,50,400
Loss of consortium 40,000 40,000
Loss of love and affection 45,000 45,000
Transport Expenses 15,000 15,000
Funeral expenses 15,000 15,000
Total 17,27,800 22,65,400
8. In the result, the appeal filed by the appellants / claimants,
stands partly allowed by enhancing the compensation from
Rs.17,27,800/- to Rs.22,65,400/-, as indicated above. No costs.
9. The second respondent / Insurance Company is directed to
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the amount, if any, already deposited to the credit of
MCOP No.4384 of 2018, on the file of the Motor Accidents Claims
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CMA.No.1993 of 2021
Tribunal, I Additional District and Sessions Judge, Cuddalore, within a
period of four weeks from the date of receipt of a copy of this Judgment.
On such deposit being made, the Tribunal is directed to transfer the
award amount directly to the bank account of the first and third
appellants / major claimants as per the same ratio of apportionment
made by the Tribunal through RTGS, within a period of two weeks
thereafter. Insofar as the share of the second appellant / minor claimant
is concerned, the same shall be deposited in Fixed deposit in any one of
the Nationalised Banks, till she attains the age of majority and the
interest accrued thereon shall be withdrawn by the guardian of the minor
claimant once in three months, directly from the Bank. Necessary Court
fee, if any has to be paid by the appellants / claimants before receiving
the copy of this Judgment.
08.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
ABDUL QUDDHOSE, J.
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CMA.No.1993 of 2021
ab
To
1. The I Additional District and Sessions Judge,
Motor Accidents Claims Tribunal,
Cuddalore.
2. The Section Officer,
V.R. Section,
High Court, Madras.
CMA.No.1993 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
