Madras High Court
Manju Jain vs K.Paneer Selvam on 27 October, 2021
C.M.A.No.1869 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1869 of 2016
1. Manju Jain
2. Krishnakanth Jain
3. Sanjeev Kumar Jain
4. Praveen Kumar Jain
5. Puvindar Singh Jain .. Appellants
Vs.
1. K.Paneer Selvam
2. United India Insurance Company,
No.19, Andiappa Gramani Street,
Royapuram, Chennai - 13. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the judgment and decree dated
19.01.2009, made in M.C.O.P.No.796 of 2004, on the file of the Motor
Accidents Claims Tribunal, V Small Causes Court, Chennai.
For Appellants : Mrs.Ramya Rao
For Respondent 2 : Mr.J.Chandran
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C.M.A.No.1869 of 2016
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 19.01.2009, passed by the
Motor Accidents Claims Tribunal, V Small Causes Court, Chennai, in
M.C.O.P.No.796 of 2004.
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 income 3,52,000
2. Love and Affection 25,000
3. Funeral expenses 5,000
Total 3,82,000
3. The deceased Pawan Kumar Jain aged 55 years was a business
partner at M/s.Usha Kiran Enterprises. In the claim petition filed by the
appellants/claimants, they have pleaded that the deceased was earning
Rs.9,000/- per month at the time of the accident which happened on
C.M.A.No.1869 of 2016
25.05.2003. The Tribunal has fixed the annual income of the deceased at
Rs.48,000/-. But as seen from the income tax returns which were marked as
Ex.P8, before the Tribunal, the deceased was earning Rs.64,000/- per annum.
Therefore, this Court is of the considered view that the Tribunal ought to
have taken into consideration the income tax returns of the deceased which
discloses that the deceased was earning Rs.64,000/- per annum.
Accordingly, this Court enhances the annual income of the deceased at
Rs.64,000/- instead of Rs.48,000/- erroneously fixed by the Tribunal. The
Tribunal has correctly applied 11 multiplier since the deceased was aged 55
years at the time of the accident, which is confirmed by this Court. Since the
annual income of the deceased is enhanced to Rs.64,000/- from Rs.48,000/-
the compensation towards loss of income is fixed at Rs.5,12,000/-
(Rs.64,000 x 12 x 2/3) by this Court instead of Rs.3,52,000/- erroneously
fixed by the Tribunal.
4. The Tribunal has failed to award any compensation towards loss of
consortium to the first appellant / first claimant who is the wife of the
deceased. In accordance with the settled law, this Court awards
compensation of Rs.40,000/- towards loss of consortium to the first appellant
/ first claimant. The Tribunal has also erroneously awarded lesser
C.M.A.No.1869 of 2016
compensation towards loss of love and affection to the children of the
deceased. Since the deceased was having four children who are all married at
the time when the claim petition was filed, this Court is of the considered
view that instead of Rs.25,000/- erroneously fixed by the Tribunal towards
loss of love and affection, this Court enhances the same to Rs.1,00,000/-.
The Tribunal has also erroneously awarded lesser compensation towards
funeral expenses at Rs.5,000/-, which has to be enhanced to Rs.15,000/- in
accordance with the settled law. The Tribunal has failed to award any
compensation towards loss of estate, which the appellants/claimants are
legally entitled to. In accordance to 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.6,82,000/- instead of
Rs.3,82,000/- 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 income 3,52,000 5,12,000 Enhanced
2. Love and Affection 25,000 1,00,000 Enhanced
C.M.A.No.1869 of 2016
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.)
3. Funeral expenses 5,000 15,000 Enhanced
4. Loss of Consortium --- 40,000 Awarded
5. Loss of Estate --- 15,000 Awarded
Enhanced by
Total 3,82,000 6,82,000
Rs.3,00,000/-
6. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.3,82,000/- awarded by the Tribunal is hereby
enhanced to Rs.6,82,000/- together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit. It is made clear
that since there is delay on the part of the appellants/claimants in preferring
the appeal as against the impugned order and the said delay is 1430 days, the
appellants/claimants are not entitled for any interest for the said delay
period. 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.796 of 2009, on the file of the Motor Accidents Claims
Tribunal, V Small Causes Court, Chennai. On such deposit, the appellants/
C.M.A.No.1869 of 2016
claimants are 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
1. The Motor Accidents Claims Tribunal,
V Small Causes Court, Chennai
2. The Section Officer,
VR Section, High Court, Madras.
C.M.A.No.1869 of 2016
ABDUL QUDDHOSE, J.
kk
C.M.A.No.1869 of 2016
27.10.2021
