Madras High Court
Kanniayammal vs Sivaprakasam on 29 October, 2021
C.M.A.No.2564 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.2564 of 2021
1.Kanniayammal
2.Narendiran
3.Prakash ... Appellants
Vs
1.Sivaprakasam
(Since R1 remained exparte before the
Tribunal, his presence may be
dispensed with)
2.The Divisional Manager,
The New India Assurance Company Limited,
CSI Building, 2nd Floor,
No.1, Officer's Lane,
Near Ooris College,
Vellore. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the judgment and decree dated
18.07.2018 and made in MACTOP.No.412/2014 on the file of the Motor
Accident Claims Tribunal, Special Sub court, Tiruvannamalai.
1/8
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C.M.A.No.2564 of 2021
For Appellants : Mr.A.G.F.Terry Chella Raja
For Respondent 2 : Mr.K.Vinod
JUDGMENT
This appeal has been filed by the claimants seeking enhancement of
compensation under the impugned award dated 18.07.2018 passed by the
Motor Accident Claims Tribunal (Special Sub Court, Tiruvannamalai) in
MCOP.No.412 of 2014.
2. The Appellants/claimants are the mother and the brothers of the
deceased Prabhu who died on 23.03.2014 as a result of an accident caused
by a vehicle owned by the first respondent insured with the second
respondent.
3. The Tribunal under the impugned award directed the respondents
to pay the Appellants/claimants a compensation of Rs.14,25,472/- together
with interest and costs as detailed hereunder:
Heads Award Amount
(Rs.)
Loss of income 13,10,472/-
(6500 + 40% = 9100 –
1/3 = 6067 x 12 x 18)
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
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C.M.A.No.2564 of 2021
Heads Award Amount
(Rs.)
Loss of love and affection to the 1st 35,000/-
claimant
Loss of love and affection to the 50,000/-
2nd and 3rd claimants at the rate of
Rs.25,000/- each
Total 14,25,472/-
4. In the claim petition filed by the Appellants/claimants, they have
pleaded that the deceased was a supervisor, aged 24 years and earning
Rs.15,000/- per month at the time of the accident. However, since no
documentary evidence has been produced by the Appellants/claimants in
support of the monthly income of the deceased, the Tribunal has fixed the
monthly income of the deceased at Rs.6,500/- on notional basis. The
accident happened in the year 2014. This court is of the considered view
that if the year of the accident was given due consideration, the Tribunal
ought to have fixed the notional monthly income of the deceased at a higher
sum. This Court after giving due consideration to the same, enhances the
notional monthly income of the deceased to Rs.10,000/- instead of
Rs.6,500/- erroneously fixed by the Tribunal. The Tribunal has rightly
awarded 40% towards loss of future prospects to the Appellants/claimants
in accordance with settled law which is confirmed by this Court. The
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C.M.A.No.2564 of 2021
Tribunal has adopted the correct multiplier of 18 as the deceased was aged
24 years at the time of the accident. But however, the Tribunal has
erroneously deducted 1/3rd towards the personal expenses of the deceased
instead of 50% as the deceased was a bachelor at the time of the accident.
Accordingly, this Court deducts 50% towards the personal expenses of the
deceased instead of 1/3rd erroneously deducted by the Tribunal. Hence, the
loss of dependency is reassessed by this Court at Rs.15,12,000/-
(10000+40% = 14000 – 50% = 7000 x 12 x 18) instead of Rs.13,10,472/-
erroneously fixed by the Tribunal.
5. Insofar as the compensation awarded by the Tribunal towards loss
of estate and funeral expenses at Rs.15,000/- each is concerned, the same is
confirmed by this Court as it is in accordance with law.
6. However, the Tribunal has awarded a lesser compensation towards
loss of love and affection to the first Appellant /claimant who is the mother
of the deceased at Rs.35,000/- and the same is enhanced by this Court to
Rs.40,000/- in accordance with law. The respondents 2 and 3 are the
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C.M.A.No.2564 of 2021
brothers of the deceased and the Tribunal has awarded a higher
compensation of Rs.50,000/- towards loss of love and affection to them and
the same is reduced to Rs.40,000/- and each of them is entitled to
Rs.20,000/-.
7. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.16,22,000 from Rs.14,25,472/- erroneously
determined by the Tribunal in the following manner:
Heads Amount awarded by Amount awarded
the Tribunal by this court
(Rs.) (Rs.)
Loss of income 13,10,472/- 15,12,000/-
(6500 + 40% = 9100 (10000 +40% -1/2 x
– 1/3 = 6067 x 12 x 12 x 18)
18)
Loss of Estate 15,000/- 15,000/-
Funeral Expenses 15,000/- 15,000/-
Loss of love and 35,000/- 40,000/-
affection to the 1st
claimant
Loss of love and 50,000/- 40,000/-
affection to the 2nd and
3rd claimants at the rate
of Rs.25,000/- each
Total 14,25,472/- 16,22,000/-
8. In the result, this appeal is partly allowed by enhancing the award
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C.M.A.No.2564 of 2021
amount from Rs.14,25,472/- to Rs.16,22,000/-. The second respondent
Insurance Company is directed to deposit the enhanced award amount, after
deducting the amount already deposited if any, together with interest from
the date of claim till the date of deposit and costs, to the credit of
MCOP.No.412 of 2014 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 respective share of award amount lying to the
credit of MCOP.No.412 of 2014 to the bank account of the
Appellants/claimants as per the ratio apportioned by the Tribunal through
RTGS within a period of one week thereafter. No costs.
29.10.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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C.M.A.No.2564 of 2021
To
1. The Special Sub court, Tiruvannamalai
2.The Section Officer, V.R.Section, High Court of Madras.
ABDUL QUDDHOSE, J.
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C.M.A.No.2564 of 2021
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C.M.A.No.2564 of 2021
29.10.2021
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