Madras High Court
Annadurai vs V.Vajiram on 29 October, 2021
C.M.A.No.2981 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2981 of 2014
1.Annadurai
2.Madhammal ... Appellants
Vs
1.V.Vajiram
2.Royal Sundaram Alliance Insurance Company Limited,
Sundaram Towers,
45 & 46, Whites Road,
Dharmapuri District. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the judgment and decree dated
21.05.2008 made in MCOP.No.452 of 2006 on the file of the Motor
Accident Claims Tribunal cum Additional District Judge, Dharmapuri.
For Appellant : Mr.M.Selvam
For Respondent 2 : Mr.K.Vinod
1/8
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C.M.A.No.2981 of 2014
JUDGMENT
This appeal has been filed by the claimants seeking enhancement of
compensation under the impugned award dated 21.05.2008 passed by the
Motor Accident Claims Tribunal (Additional District Judge, Dharmapuri) in
MCOP.No.452 of 2006.
2. The Appellants / claimants who are the parents of the deceased
Singaravelan unsatisfied with the quantum of compensation awarded by the
Tribunal have preferred this appeal seeking for enhancement.
3. The details of the compensation awarded by the Tribunal to the
Appellants/claimants are as follows:
Heads Award Amount
(Rs.)
Loss of income 1,60,000/-
(15,000 – 1/3rd = 10000 x 16)
Transportation charges 2,000/-
Loss of love and affection 20,000/-
Funeral expenses 3,000/-
Medical expenses 2,597/-
Total 1,87,597/-
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C.M.A.No.2981 of 2014
4. The deceased Singaravelan was a +2 student, aged 17 years at the
time of the accident which happened on 15.01.2006 which resulted in his
death. The accident was caused by a vehicle insured with the second
respondent Insurance Company. The cause of the accident has not been
disputed by the respondents before the Tribunal.
5. The only question that arises for consideration in this appeal is
whether the Appellants/claimants are entitled for any enhancement of
compensation or not.
6. In the claim petition, the Appellants/claimants have pleaded that in
addition to being a +2 student, the deceased was assisting the
Appellants/claimants who are his parents in their agricultural operations.
The Tribunal has erroneously fixed the annual income of the deceased at
Rs.15,000/-. This court is of the considered view that if the Tribunal has
given due consideration to the year of the accident, it ought to have fixed
the notional monthly income of the deceased at a higher sum. After giving
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C.M.A.No.2981 of 2014
due consideration to the claim petition as well as the year of the accident,
this Court set asides the fixation of annual income of the deceased by the
Tribunal at Rs.15,000/- and fixes the notional monthly income of the
deceased at Rs.2,000/-. The Tribunal has erroneously failed to award any
compensation towards loss of future prospects to the Appellants/claimants
which they are legally entitled to. Since the deceased was aged 17 years at
the time of the accident, in accordance with settled law this Court awards a
compensation at 40% towards loss of Future Prospects to the
Appellants/claimants. The Tribunal has erroneously adopted a wrong
multiplier of 16, whereas the correct multiplier to be adopted is 18 as the
deceased was aged 17 years at the time of the accident and accordingly, this
Court modifies the same at 18 instead of 16. The Tribunal has erroneously
deducted 1/3rd towards the personal expenses of the deceased. Since the
deceased was a bachelor at the time of the accident, this Court deducts 50%
towards personal expenses of the deceased instead of 1/3rd as fixed by the
Tribunal. Accordingly, the loss of income of the deceased is reassessed by
this Court at Rs.3,02,400/- as detailed as follows: (2000 + 40% = 2800 x 12
x 18 = 6,04,800 – 50% = 3,02,400/-).
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C.M.A.No.2981 of 2014
7. The Tribunal has erroneously awarded Rs.20,000/- towards loss of
love and affection and Rs.3,000/- towards funeral expenses which has to be
necessarily enhanced to as it is not in accordance with law and the same is
enhanced to Rs.50,000/- and Rs.15,000/- respectively.
8. The Tribunal has erroneously failed to award any compensation
towards loss of estate which the Appellants/claimants are legally entitled to
as per the settled law. Accordingly, this Court awards a compensation of
Rs.15,000/- towards loss of estate.
9. The Tribunal has awarded a compensation of Rs.2,000/- towards
transportation and the same is confirmed by this court as the same is a just
compensation.
10. The Tribunal has awarded a compensation of Rs.2,597- towards
medical expenses which is supported by medical bills and the same is
confirmed by this Court.
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C.M.A.No.2981 of 2014
11. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced from Rs.1,87,597/- to Rs.3,87,000/- in the following
manner:
Heads Amount awarded by Amount awarded by
the Tribunal this Court
(Rs.) (Rs.)
Loss of income 1,60,000/- 3,02,400/-
(15,000 – 1/3rd = (2000 + 40% = 2800 x
10000 x 16) 12 x 18 – 50%)
Transportation 2,000/- --
charges
Loss of love and 20,000/- 50,000/-
affection
Funeral expenses 3,000/- 15,000/-
Medical expenses 2,597/- 2,597/-
Loss of estate -- 15,000/-
Total 1,87,597/- 3,86,997/-
Rounded off to -- 3,87,000/-
12. In the result, this civil miscellaneous appeal is partly allowed by
enhancing the compensation from Rs.1,87,597/- to Rs.3,87,000/-. The
respondents are jointly and severally directed to deposit the enhanced award
amount of Rs.3,87,000/-, 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.452 of 2006 within a period of four weeks
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C.M.A.No.2981 of 2014
from the date of receipt of a copy of this Judgement. On such deposit being
made, the Tribunal shall transfer the respective share of award amount lying
to the credit of MCOP.No.452 of 2006 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
To
1. The Additional District Judge, Dharmapuri.
2.The Section Officer, V.R.Section, High Court of Madras.
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C.M.A.No.2981 of 2014
ABDUL QUDDHOSE, J.
nl
C.M.A.No.2981 of 2014
29.10.2021
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