Madras High Court
V.Balammal vs N.Vineshkumar on 3 September, 2021
C.M.A.No.2315 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2315 of 2021
1.V.Balammal
2.C.V.Varadharaj ... Appellants
Versus
1. N.Vineshkumar
2. K.Balu
3.The Manager,
National Insurance Company Limited,
No.1, Marumalarchi Shopping Complex,
R.Pudupatti Post, Rasipuram Taluk,
Namakkal District. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to allow the present appeal award enhanced
compensation in judgment and decree dated 30.03.2021 in
M.C.O.P.No.131/2018 on the file of the Motor accident Claims Tribunal
(Sub Judge), Rasipuram as prayed for in this appeal with cost.
https://www.mhc.tn.gov.in/judis/
1/8
C.M.A.No.2315 of 2021
For Appellants : Mrs.V.Revathi
For Respondents : Mr.J.Chandran for R3
JUDGMENT
This appeal has been filed by the appellants/claimants seeking
enhancement of compensation under the impugned award dated
30.03.2021 passed by the Motor Accident Claims Tribunal, (Sub Judge),
Rasipuram in M.C.O.P. No.131 of 2018.
2. The appellants / claimants who are the parents of the deceased
who died as a result of an accident caused by a vehicle insured with the
3rd respondent / Insurance Company and they preferred a claim before
the Motor Accident Claims Tribunal, (Sub Judge), Rasipuram in
M.C.O.P. No.131 of 2018 seeking compensation for the death of their
son.
3. The Motor Accident Claims Tribunal under the impugned award
directed the 3rd respondent / Insurance Company to pay the appellants /
claimants a compensation of Rs.10,83,000/-, as detailed hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
For Pecuniary Loss 10,08,000/-
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2315 of 2021
Heads Amount awarded
by the Tribunal
(Rs.)
For Funeral Expenses 15,000/-
For Consortium 40,000/-
For Loss of Estate 15,000/-
For Transportation 5,000/-
Total 10,83,000/-
4. The appellants / claimants unsatisfied with the quantum of
compensation awarded by the Tribunal under the impugned award has
preferred this appeal seeking for enhancement.
5. Heard Mrs.V.Revathi, learned counsel for the appellants and
Mr.J.Chandran, learned counsel for the third respondent / Insurance
Company.
6. This Court has perused the materials and evidence available on
record before the Tribunal.
7. The deceased was a Sago Factory Labourer, aged 38 years at the
time of accident which happened on 18.04.2018. The cause of the
accident, age and avocation of the deceased has not been disputed by the
respondents as seen from the evidence available on record. In the claim
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2315 of 2021
petition, the appellants/claimants had pleaded that the deceased was
earning Rs.15,000/- per month. However, the Tribunal under the
impugned award has fixed the notional monthly income of the deceased
at Rs.8,000/- which in the considered view of this Court is low. If the
age, avocation and year of the accident was taken into consideration, the
Tribunal ought to have fixed the monthly income of the deceased at a
higher sum. This Court after giving due consideration to the age,
avocation and year of the accident which happened in the year 2018 fixed
the notional monthly income of the deceased at Rs.12,000/- instead of
Rs.8,000/-, erroneously fixed by the Tribunal.
8. However, the Tribunal has rightly awarded 40% towards loss of
future prospects to the appellants/claimants, in accordance with decision
of the Supreme Court of India in National Insurance Co. vs Pranay
sethi and others reported in 2017 (16) SCC 680. Since the notional
monthly income of the deceased is increased to Rs.12,000/- by this
Court, the pecuniary loss payable to the appellants/claimants is
re-assessed by this Court at Rs.15,12,000/- instead of Rs.10,83,000/-
fixed by the Tribunal under the impugned award. The Tribunal also
rightly deducted 50% towards personal expenses of the deceased, as the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2315 of 2021
deceased was a bachelor at the time of the accident. With regard to the
compensation awarded by the Tribunal under various other heads namely
Funeral Expenses for Rs.15,000/-, Consortium for Rs.40,000/-, Loss of
Estate for Rs.15,000/- and Transportation for Rs,5,000/- are concerned,
the same cannot be considered to be inadequate and therefore, the same
is confirmed by this Court.
9. The deceased was not wearing helmet at the time of the accident
and therefore, the Tribunal has fixed 15% contributory negligence on the
part of the deceased under the impugned award. This Court does not find
any infirmity with the said finding. Accordingly, the fixation of
contributory negligence at 15% on the part of the deceased is confirmed
by this Court.
10. For the foregoing reasons, the award of the Tribunal is hereby
modified in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
For Pecuniary Loss 10,08,000/- 15,12,000/-
For Funeral Expenses 15,000/- 15,000/-
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2315 of 2021
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
For Consortium 40,000/- 40,000/-
For Loss of Estate 15,000/- 15,000/-
For Transportation 5,000/- 5,000/-
Total 10,83,000/- 15,87,000/-
11. Since 15% contributory negligence is fixed on the part of the
deceased, the compensation payable to the appellants/claimants is
Rs.13,48,950/- (Rs.15,87,000/- - Rs.2,38,050/- (towards 15%
contributory negligence).
12. In the result, the appeal filed by the appellants / claimants,
stands partly allowed by enhancing the compensation from
Rs.10,83,000/- to Rs.13,48,950/- as indicated above. No costs.
13. The third respondent / Insurance Company is directed to
deposit the entire award amount as assessed by this Court together with
interest at 7.5% p.a. from the date of claim petition till the date of
realization, less the amount, if any, already deposited to the credit of
M.C.O.P. No.131 of 2018 on the file of the Motor accident Claims
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2315 of 2021
Tribunal, Sub Judge, Rasipuram, within a period of four weeks from the
date of receipt of a copy of this Judgment. On such deposit being made,
the Tribunal is directed to transfer the award amount directly to the bank
account of the appellants / claimants, through RTGS, within a period of
two weeks thereafter. The requisite Court fee, if any has to be paid by the
appellants/claimants before receiving the copy of this Judgment.
03.09.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ssn
To
1. The Sub Judge,
Motor accident Claims Tribunal,
Rasipuram.
2.The Section Officer,
V.R. Section, High Court of Madras,
Chennai – 104.
ABDUL QUDDHOSE, J.
ssn
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2315 of 2021
C.M.A.No.2315 of 2021
03.09.2021
https://www.mhc.tn.gov.in/judis/
