Madras High Court
Ranjani vs Sivakumar on 29 October, 2021
C.M.A.No.1519 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 1519 of 2021
1. Ranjani
2. Minor. Ranjitha
(Second Minor appellant is represented by her
Natural Guardian and Sister Ranjani, 1st Appellant herein)
... Appellants
Vs
1. Sivakumar
2. The Manager,
M/s. Shriram General Insurance Company Ltd.,
No.142, Jayasree Towers, 1st Floor, 6th Cross,
Thillai Nagar, Trichy - 18. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the compensation amount made in the
Decree and Judgment dated 18.03.2020 made in M.C.O.P. No. 111 of 2019,
on the file of Motor Accident Claims Tribunal, Additional District Judge,
Ariyalur.
For Appellants : Mr. T. Gobinath
For Respondent 2 : Mr. K. Poomalai
1/8
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C.M.A.No.1519 of 2021
JUDGMENT
This appeal has been filed by the claimants, seeking
enhancement of compensation under the impugned award dated 18.03.2020,
passed by the Motor Accidents Claims Tribunal, Additional District Judge,
Ariyalur in M.C.O.P. No. 111 of 2019.
2. The appellants/claimants, unsatisfied with the quantum of
compensation awarded by the Tribunal, has preferred this appeal, seeking
for enhancement. The details of compensation awarded by the Tribunal in
favour of the appellants/claimants are detailed as follows:
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of Dependency 7,43,652/-
Loss of Consortium 40,000/-
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
Total Compensation 8,13,652/-
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C.M.A.No.1519 of 2021
3. The appellants/claimants are the dependants of the deceased
Selvaraj, who is the father of the appellants/claimants, who died on
02.04.2017, as a result of an accident caused by a vehicle, insured with the
second respondent. The cause of the accident has not been disputed by the
respondents.
4. The only question that arises for consideration is whether
the appellants/claimants are entitled for enhancement of compensation.
5. The deceased, Selvaraj was a Caterer and a Weaver, as seen
from the claim petition filed by the appellants/claimants before the Tribunal
and in the said claim petition, they have pleaded that the deceased was
earning Rs.24,000/- per month. Since no documentary evidence was
produced before the Tribunal, the monthly income of the deceased was fixed
on notional basis by the Tribunal at Rs.6,500/-. This Court is of the
considered view that the said assessment is low and it has to be enhanced if
the year of the accident is taken into consideration. Accordingly, this Court
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C.M.A.No.1519 of 2021
enhances the notional monthly income of the deceased at Rs.12,000/-
(Rupees Twelve Thousand only) instead of Rs,6,500/-, erroneously fixed by
the Tribunal.
6. The Tribunal has awarded compensation towards loss of
future prospects to the appellants/claimants at 10% ,which is in accordance
with law and the same is confirmed by this Court. The Tribunal has also
rightly deducted 1/3rd towards personal expenses of the deceased, which is
also in accordance with law as the appellants/claimants are two in number.
Since the notional monthly income of the deceased is enhanced to
Rs.12,000/-, the loss of Dependency is reassessed by this Court at
Rs.13,72,800/- (Rupees Thirteen Lakhs Seventy Two Thousand Eight
Hundred only) as detailed as follows:- Rs.12,000-1/3rd
=Rs.8000+10%=8,800x12x13 = Rs.13,72,800/-.
7. The Tribunal has also rightly adopted correct multiplier “13”.
After giving due consideration to the age of the deceased who was 45 years
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C.M.A.No.1519 of 2021
at the time of the accident. The Tribunal has erroneously awarded loss of
consortium to the appellants/claimants, who are the daughters of the
deceased. Since they are daughters, they are not entitled for loss of
consortium, but they are entitled only to loss of love and affection.
Accordingly, this Court awards a total compensation of Rs.80,000/- (Rupees
Eighty Thousand only) at Rs.40,000/- each to the daughters towards loss of
love and affection in accordance with settled law, instead of Rs.40,000/-
erroneously awarded by the Tribunal towards loss of consortium.
8. The Tribunal has awarded compensation at Rs.15,000/- each
towards loss of estate and funeral expenses, which is confirmed by this
Court as it is in accordance with settled law. The Tribunal has failed to
award any compensation towards transportation. After giving due
consideration to the evidence available on record, this Court awards a
compensation of Rs.5,000/- (Rupees Five Thousand only) towards
transportation.
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C.M.A.No.1519 of 2021
9. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.14,87,800/- (Rupees Fourteen Lakhs Eighty
Seven Thousand Eight Hundred only) instead of Rs.8,13,652/- (Eight Lakhs
Thirteen Thousand Six Fifty Two only) erroneously fixed by the Tribunal as
detailed hereunder:
Heads Amount Amount Award
awarded by the awarded by confirmed or
Tribunal this Court enhanced or
(Rs.) (Rs.) granted
Loss of Dependency 7,43,652/- 13,72,800/- Enhanced
Loss of Consortium 40,000/- Nil Not granted
Loss of Estate 15,000/- 15,000/- Enhanced
Funeral Expenses 15,000/- 15,000/- Confirmed
Loss of Love and Nil 80,000/- Granted
Affection
Transportation Nil 5,000/- Granted
Total Compensation 8,13,652/- 14,87,800/- Enhanced
10. Accordingly, this civil miscellaneous appeal is partly
allowed by enhancing the compensation amount from Rs.8,13,652/- (Eight
Lakhs Thirteen Thousand Six Fifty Two only) to Rs.14,87,800/- (Rupees
Fourteen Lakhs Eighty Seven Thousand Eight Hundred only).
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C.M.A.No.1519 of 2021
11. The second respondent Insurance Company is directed to
deposit the compensation amount of Rs.14,87,800/- (Rupees Fourteen
Lakhs Eighty Seven Thousand Eight Hundred only), awarded by this Court,
after deducting the amount already deposited if any, together with interest at
the rate of 7.5% per annum from the date of claim till the date of deposit
and costs, to the credit of M.C.O.P. No.111 of 2019 within a period of four
weeks from the date of receipt of a copy of this Judgment. On such deposit
being made, the Tribunal shall transfer the amount lying to the credit of
MCOP. No. 111 of 2019 to the bank account of the claimant through RTGS
within a period of two weeks thereafter.
No costs.
29.10.2021
Index:Yes/No
Speaking order: Yes/No
rgi
To
1. Motor Accidents Claims Tribunal,
Additional District Judge, Ariyalur.
2. The Section Officer,
V.R.Section, High Court, Madras - 104.
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C.M.A.No.1519 of 2021
ABDUL QUDDHOSE.,J
rgi
C.M.A. No. 1519 of 2021
29.10.2021
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