Madras High Court
K.Sundarammal vs D.Ravikumar on 27 October, 2021
C.M.A.No.3254 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.3254 of 2014
1. K.Sundarammal
2. K.Chenrayan
3. B.Padvattu
4. K.Pandian
5. K.Ramamoorthy
6. K.Indira .. Appellants
Vs.
1. D.Ravikumar
2. Royal Sundaram Alliance Insurance Co. Ltd.,
No.45 & 46, Whites Road
Chennai - 600 014. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the judgment and decree dated
24.06.2014, made in M.C.O.P.No.2253 of 2009, on the file of the Motor
Accidents Claims Tribunal, Special Sub Judge I (dealing with MCOP cases),
Chennai.
For Appellants : Mr.C.Munusamy
For Respondent 2 : Mr.N.Vijayaraghavan
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C.M.A.No.3254 of 2014
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 24.06.2014, passed by the
Motor Accidents Claims Tribunal, Special Sub Judge I (dealing with MCOP
cases), Chennai, in M.C.O.P.No.2253 of 2009.
2. The appellants/claimants not satisfied with the quantum of
compensation awarded by the Tribunal has 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 3,36,000
2. Love and Affection 30,000
3. Funeral expenses 15,000
Total 3,81,000
3. The deceased was a Managing Partner at M/s.S.K.Digital Video and
was aged 24 years at the time of the accident, which was caused by a vehicle
insured with the second respondent on 22.11.2008. In the claim petition, the
appellants/claimants who are his dependents have pleaded that he was
earning Rs.30,000/- per month at the time of the accident, however since no
documentary evidence has been produced by the appellants/claimants before
C.M.A.No.3254 of 2014
the Tribunal, the notional monthly income of the deceased was fixed at
Rs.7,000/- which includes future prospects. The accident happened in the
year 2008, therefore the assessment of notional monthly income of the
deceased made by the Tribunal cannot be considered to be inadequate and it
is a just assessment. However, the Tribunal while assessing the loss of
dependency has erroneously adopted wrong multiplier of 8 by erroneously
considering the age of the mother of the deceased instead of considering the
age of the deceased. The deceased was aged 24 years at the time of the
accident and therefore the Tribunal ought to have adopted 18 multiplier
instead of 8 erroneously adopted by it. Accordingly, the multiplier is
modified by this Court to 18. The Tribunal has deducted 50% towards
personal expenses of the deceased as the deceased was a bachelor at the time
of the accident. Since the multiplier to be adopted is 18, loss of dependency
is reassessed by this Court at Rs.7,56,000 (Rs.7,000/- x 1/2 x 12 x 18)
instead of Rs.3,36,000/- (Rs.7000/- x 1/2 x 12 x 8) erroneously fixed by the
Tribunal.
4. The Tribunal has awarded a sum of Rs.30,000/- towards love and
affection to the first appellant / first claimant who is the mother of the
deceased instead of Rs.40,000/- which ought to have been awarded to her as
per the settled law. Accordingly, this Court enhances the compensation
C.M.A.No.3254 of 2014
towards love and affection to Rs.40,000/- instead of Rs.30,000/- erroneously
fixed by the Tribunal. The Tribunal has awarded compensation of
Rs.15,000/- towards funeral expenses which is a correct assessment and the
same is confirmed by this Court. However, the Tribunal has failed to award
any compensation towards loss of estate, which the appellants/claimants are
legally entitled to as per the settled law. In accordance with the settled law,
this Court fixes the compensation towards loss of estate at Rs.15,000/-.
5. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is enhanced to Rs.8,26,000/- instead of
Rs.3,81,000/- erroneously fixed by the Tribunal. The details of the
compensation now awarded by this Court is detailed hereunder:
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 3,36,000 7,56,000 Enhanced
2. Love and Affection 30,000 40,000 Enhanced
3. Funeral expenses 15,000 15,000 Confirmed
4. Loss of estate --- 15,000 Awarded
Enhanced by
Total 3,81,000 8,26,000
Rs.4,45,000/-
6. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.3,81,000/- awarded by the Tribunal is hereby
enhanced to Rs.8,26,000/- together with interest at the rate of 7.5% per
C.M.A.No.3254 of 2014
annum from the date of claim petition till the date of deposit. As regards
apportionment of compensation amount, the findings of the Tribunal
directing the second respondent insurance company to pay the entire
compensation amount to the first appellant / first claimant is concerned, the
same is confirmed by this Court. 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.2253 of 2009, on the file
of the Motor Accidents Claims Tribunal, Special Sub Judge I (dealing with
MCOP cases), Chennai. On such deposit, the first appellant/first claimant is
permitted to withdraw the award amount now determined by this Court,
along with interest and costs, less the amount, if any, already withdrawn by
making necessary application 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.
27.10.2021
Index : Yes / No
kk
To
C.M.A.No.3254 of 2014
1. The Motor Accidents Claims Tribunal,
Special Sub Judge I
(dealing with MCOP cases), Chennai.
2. The Section Officer,
VR Section, High Court, Madras.
C.M.A.No.3254 of 2014
ABDUL QUDDHOSE, J.
kk
C.M.A.No.3254 of 2014
27.10.2021
