Madras High Court
M.Lalitha vs Ranjith Water Suppliers on 28 October, 2021
C.M.A.No.2337 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2337 of 2021
1. M.Lalitha
2. Mohandoss .. Appellants
Vs.
1. Ranjith Water Suppliers,
No.10, 2nd Cross Street,
Kudappakkam,
Thiruvallur District - 600 077.
2. New India Assurance Co. Ltd.,
Motor Third Party Claim Office,
No.232, Bombay Mutual Building,
Chennai - 600 001. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the judgment and decree dated
10.11.2020, made in M.C.O.P.No.4105 of 2016, on the file of the Motor
Accidents Claims Tribunal, (Special Sub Court I, Full Additional Incharge
of II Court of Small Causes), Chennai.
For Appellant : Mr.R.Nalliyappan
For Respondent 2 : Mr.K.Vinod
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C.M.A.No.2337 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 10.11.2020, passed by the
Motor Accidents Claims Tribunal, (Special Sub Court I, Full Additional
Incharge of II Court of Small Causes), Court of Small Causes, Chennai, in
M.C.O.P.No.4105 of 2016.
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 12,60,000
2. Loss of Love and Affection 50,000
3. Medical expenses 3,83,337
4. Loss of Estate 15,000
5. Transport charges 5,000
6. Funeral expenses 15,000
Total (Rounded) 17,28,350
3. The appellants/claimants are the dependents of the deceased
Udhayakumar, who died as a result of an accident caused by the vehicle
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C.M.A.No.2337 of 2021
insured with the second respondent on 26.05.2016. The cause of the
accident has not been disputed by the second respondent. The only issue
that arises for consideration in this appeal is whether the
appellants/claimants are entitled for enhancement of compensation.
4. In the claim petition, the appellants/claimants have pleaded that the
deceased was doing business and was earning a sum of Rs.30,000/- per
month. Since no documentary evidence was produced by the
appellants/claimants before the Tribunal, the Tribunal has fixed the notional
monthly income of the deceased at Rs.10,000/- per month, which in the
considered view of this Court is low. This Court is of the considered view
that the Tribunal has not taken into consideration the year of the accident
which it ought to have considered and fixed the notional monthly income at
a higher sum. After giving due consideration to the year of the accident, this
Court enhances the notional monthly income of the deceased to Rs.13,000/-
instead of Rs.10,000/- erroneously fixed by the Tribunal. The Tribunal has
rightly fixed the loss of future prospects for the appellants/claimants at 40%
and the same is confirmed by this Court. Since the Tribunal has also rightly
adopted the multiplier of 15 since the deceased was aged 39 years at the time
of the accident the same is also confirmed by this Court. The Tribunal has
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C.M.A.No.2337 of 2021
also correctly deducted 50% towards personal expenses of the deceased
since the deceased was a bachelor at the time of the accident and the same is
also confirmed by this Court. Since the notional monthly income of the
deceased has been enhanced to Rs.13,000/- by this Court, the loss of
dependency is reassessed by this Court at Rs.16,38,000/- (Rs.13,000 +
Rs.5,200 x 12 x 15 x 1/2) instead of Rs.12,60,000/- erroneously awarded by
the Tribunal.
5. In so far as the compensation awarded by the Tribunal under
various heads namely medical expenses at Rs.3,83,337/-, loss of estate at
Rs.15,000/-, transport expenses at Rs.5,000/- and funeral expenses at
Rs.15,000/- is concerned, the same cannot be considered to be inadequate as
alleged by the appellants/claimants and therefore the same is confirmed by
this Court. So far as loss of love and affection is concerned, the Tribunal has
erroneously fixed the compensation at Rs.50,000/-, since the
appellants/claimants are the parents of the deceased, they are entitled to
Rs.40,000/- each and therefore the total compensation towards loss of love
and affection has to be enhanced to Rs.80,000/- instead of Rs.50,000/-
erroneously fixed by the Tribunal. Accordingly, the compensation towards
loss of love and affection is enhanced from Rs.50,000/- to Rs.80,000/- by
this Court.
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C.M.A.No.2337 of 2021
6. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is enhanced to Rs.21,36,337/- instead
of Rs.17,28,350/- 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 12,60,000 16,38,000 Enhanced
2. Loss of Love and Affection 50,000 80,000 Enhanced
3. Medical expenses 3,83,337 3,83,337 Confirmed
4. Loss of Estate 15,000 15,000 Confirmed
5. Transport charges 5,000 5,000 Confirmed
6. Funeral expenses 15,000 15,000 Confirmed
Enhanced by
Total (Rounded) 17,28,350 21,36,337
Rs.4,07,987/-
7. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation of Rs.17,28,350/- awarded by the Tribunal is hereby
enhanced to Rs.21,36,337/- 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
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C.M.A.No.2337 of 2021
of receipt of a copy of this judgment to the credit of M.C.O.P.No.4105 of
2016, on the file of the Motor Accidents Claims Tribunal, (Special Sub
Court I, Full Additional Incharge of II Court of Small Causes), Chennai. On
such deposit, the appellants/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.
28.10.2021
Index : Yes / No
kk
To
1. The Motor Accidents Claims Tribunal,
(Special Sub Court I, Full Additional Incharge of II
Court of Small Causes), Chennai.
2. The Section Officer,
VR Section, High Court, Madras.
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C.M.A.No.2337 of 2021
ABDUL QUDDHOSE, J.
kk
C.M.A.No.2337 of 2021
28.10.2021
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