Madras High Court
S. Selvi vs K. Subramanian on 20 October, 2021
C.M.A.No.2962 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.2962 of 2021
1. S. Selvi
2.M. Manju
3. A. Kumar
4. A. Renuga ...Appellants
vs.
1. K. Subramanian
2. The New India Assurance Company Ltd.,
Motor Third Party Claims Hub,
No.223, Bombay Mutual Building,
6th Floor, NSC Bose Road,
Chennai - 600 001. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the order made in M.C.O.P. No. 5188 of
2018, dated 19.04.2021, on the file of the Motor Accident Claims
Tribunal, at Chennai (In the III Court of Small Causes, at Chennai), III
Judge, (F.A.C.)
For Appellants : Mr. Amar Dineshbhai Pandiya
For Respondents : Mr. J. Chandran
for R2
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C.M.A.No.2962 of 2021
JUDGMENT
This Appeal has been filed by the Claimants seeking enhancement
of compensation under the impugned award dated 19.04.2021 passed by
the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai,
III Judge (F.A.C.) in M.C.O.P. No. 5188 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 compensation
awarded by the Tribunal are as follows :
Heads Awarded by the
Tribunal in Rs.
Loss of Dependency (10,000 5,60,000.28
- 1/3 x 12 x 7)
Loss of Estate 15,000
Transport Expenditure 10,000
(Ambulance)
Funeral expenses 15,000
Loss of love and affection to 1,20,000
the petitioner 1 to 3
Rs.40,000/- each
Loss of consortium to 1st 40,000
petitioner
Total 7,60,000.28
Rounded off 7,60,000
3. Heard Mr.Amar Dineshbhai Pandiya, learned counsel for the
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C.M.A.No.2962 of 2021
appellants / claimants and Mr.J.Chandran, learned counsel for the
second respondent / Insurance Company.
4. This Court has perused and examined the impugned award as
well as the materials and evidence available on record before the
Tribunal.
5. The deceased K.Arumugam was aged 62 years and was
Proprietor of Kumar Lock Works, Guduvanchery and in the claim
petition the Appellants/ Claimants, who are his dependants have pleaded
that the deceased was earning Rs.20,000/- per month. The accident
happened on 19.07.2018. The cause of the accident has not been
disputed by the respondents. The issue that arises for consideration in
this appeal are as follows :
a. whether the quantum of compensation fixed by the
Tribunal is a just compensation or not?
b. Whether the appellants/ claimants are entitled for
enhancement of compensation?
6. Since the accident happened in the year 2018, the assessment of
the notional monthly income of the deceased at Rs.10,000/- is low as the
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C.M.A.No.2962 of 2021
deceased was a Proprietor of M/s. Kumar Lock Works, Guduvanchery
and in the claim petition the Appellants/ claimants have pleaded that the
deceased was earning Rs.20,000/- per month. Even though no
documentary evidence was produced by the Appellants/ claimants to
substantiate the monthly income of the deceased, this Court is of the
considered view that the monthly income fixed by the Tribunal has to be
enhanced to Rs.12,000/- instead of Rs. 10,000/-. Accordingly, this Court
enhances the notional monthly income of the deceased to Rs.12,000/-
instead of Rs.10,000/- fixed by the Tribunal.
7. The Appellants/ claimants who are the wife and three children
of the deceased are four in number. However, the Tribunal has
erroneously deducted 1/3rd towards personal expenses of the deceased
instead of deducting 1/4th. Accordingly, the same is modified by this
Court to 1/4th.
8. Thus, the loss of dependency is re-assessed by this Court at
Rs.7,56,000/- instead of Rs.5,60,000.28/- determined by the Tribunal
(Rs.12,000 – ¼ x 12 x 7 = Rs.7,56,000/-).
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C.M.A.No.2962 of 2021
9. Insofar as the compensation awarded by the Tribunal under
various other heads viz., loss of estate at Rs.15,000/-, transportation at
Rs.10,000/-, funeral expenses at Rs.15,000/-, loss of love and affection to
the Appellants/ claimants at Rs.40,000/- each total amounting to
Rs.1,20,000/- and loss of consortium to the first Appellant / first claimant
at Rs.40,000/- are concerned, the same cannot be considered to be
inadequate as alleged by the Appellants/ claimants. Accordingly, the
same is confirmed by this Court. Excepting for modification towards
compensation for loss of dependency, the compensation awarded by the
Tribunal under other heads is confirmed by this Court.
10. For the foregoing reasons, the award of the Tribunal is hereby
enhanced in the following manner :
Heads Awarded by the Awarded by
Tribunal in Rs. this Court in
Rs.
Loss of Dependency 5,60,000.28 7,56,000
* Rs.10,000/- – 3,333.33 = * #
Rs.6,666.67 x 12 x 7=
# Rs.12,000/- – 3000 x 12 x
7 = Rs.7,56,000
Loss of Estate 15,000.00 15,000
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C.M.A.No.2962 of 2021
Heads Awarded by the Awarded by
Tribunal in Rs. this Court in
Rs.
Transport Expenditure 10,000.00 10,000
(Ambulance)
Funeral expenses 15,000.00 15,000
Loss of love and affection to 1,20,000.00 1,20,000
the petitioner 1 to 3
Rs.40,000/- each
Loss of consortium to 1st 40,000.00 40,000
petitioner
Total 7,60,000.28 9,56,000
Rounded off 7,60,000.00 9,56,000
11. In the result, the appeal filed by the appellants / claimants,
stands partly allowed by enhancing the compensation from Rs.7,60,000/-
to Rs.9,56,000/-, as indicated above. No costs.
12. 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.5188 of 2018 on the file of the Motor Accidents Claims
Tribunal/ III Court of Small Causes at Chennai, within a period of eight
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
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C.M.A.No.2962 of 2021
directly to the bank account of the appellants /claimants as per the same
ratio of apportionment made by the Tribunal through RTGS, within a
period of two weeks thereafter. Necessary Court fee, if any has to be
paid by the appellants / claimants before receiving the copy of this
Judgment.
20.10.2021
vsi2/ab
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
To
1. The III Judge,
III Court of Small Causes, (F.A.C.)
Motor Accident Claims Tribunal,
Chennai.
2. The Section Officer,
V.R. Section,
Madras High Court.
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C.M.A.No.2962 of 2021
ABDUL QUDDHOSE, J.
ab
C.M.A. No.2962 of 2021
20.10.2021
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