Madras High Court
Manokaran vs Abdul Azeeth on 8 September, 2021
C.M.A.No.2471 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2471 of 2021
1.Manokaran
2.Amudha ... Appellants
Vs.
1.Abdul Azeeth
2.United India Insurance Co. Ltd.,
No.134, Greams Road,
IV Floor, Anna Salai,
Chennai – 600 006.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the award against the Judgment and Decree dated
05.04.2021 and made in MACTOP No.6943/2017 on the file of the Motor
Accident Claims Tribunal (Special Judge No.1, Motor Accidents Claims
Petitions), Small Causes Court, Chennai.
For Appellant : Ms.A.Subadra
1/7
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C.M.A.No.2471 of 2021
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
The appellants challenge the award passed by the Motor Accident Claims
Tribunal, (Special Judge No.1, Motor Accidents Claims Petitions), Small Causes
Court, Chennai in MACTOP No.6943/2017.
2.The claimants have come up with this appeal seeking enhancement of
compensation. This is the case of the fatal accident. On 07.10.2017 at 11.00
a.m, the deceased Sundar was riding in a motorcycle bearing Reg.No.TN-20-S-
2796 at Arumanthai new 400 feet Bypass road near Bharat Petrol Bunk at the
service road down to the bridge. At that time, a motorcycle bearing Reg.No.TN-
18-F-8485 coming from the opposite direction in the same road in a rash and
negligent manner and endangering the public safety and dashed against the
deceased. Due to which, the deceased thrown out and sustained head injury and
other multiple grievous injuries all over the body. Immediately, he was taken to
Pudhur Government Hospital and thereafter, he was admitted at Stanley
Government Hospital, Chennai for treatment. Despite treatment, he died on
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C.M.A.No.2471 of 2021
10.10.2017. The parents of the deceased filed the claim petition before the
Tribunal. Though they claimed Rs.75,00,000/- as compensation, the Tribunal has
awarded Rs.14,29,000/- together with interest at 7.5% per annum, under the
following heads:-
Heads Rs.
Total Loss of Dependency 13,44,000/-
Loss of Love and Affection 50,000/-
Loss of Estate 15,000/-
Transport Charges 5,000/-
Funeral Expenses 15,000/-
Total 14,29,000/-
3.The learned counsel appearing for the appellants would contend that
since the amount awarded by the Tribunal is meager in all the heads, the
claimants are entitled for higher compensation. She would further contend that at
the time of accident, the deceased was 25 years and he was doing water service
work at Arumanthai and earned Rs.25,000/- per month. But the Tribunal without
considering the age and avocation of the deceased, fixed the monthly income at
Rs.10,000/-, which is meager. Hence, the appellants seek for enhancement of
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C.M.A.No.2471 of 2021
compensation.
4.This Court carefully considered the submission of the learned counsel
appearing for the appellants/claimants and perused the materials available on
record.
5.It is not in dispute that the deceased died in an road accident that had
taken place on 07.10.2017. The finding of the Tribunal that the accident occurred
due to the negligence of the rider of the motorcycle bearing Reg. No.TN-18-F-
8485 has become final and hence, it need not be adverted to in the appeal.
6.It is stated by the claimants before the Tribunal that the deceased was
doing water service work and earning a sum of Rs.25,000/- per month. But no
oral and documentary evidence has been produced before the Tribunal to prove
the income and avocation of the deceased. Hence, the Tribunal has fixed the
income of the deceased as Rs.10,000/- and adopting correct multiplier, awarded a
just and reasonable compensation. Further, the customary quantum of
compensation under remaining heads were fixed by the Tribunal by following the
Judgments of the Hon'ble Supreme Court in the case of National Insurance
Company Ltd., vs. Pranay Sethi and others reported in 2017(2) TNMAC 609
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C.M.A.No.2471 of 2021
(SC) and Sarala Verma and others vs. Delhi Transport Corporation and
another reported in 2009 TN MAC 1. We find no reason to interfere with the
conclusion reached by the Tribunal. This appeal has no merit.
7.For the foregoing reasons, the Civil Miscellaneous Appeal fails and the
same is dismissed. The second respondent/Insurance Company is directed to
deposit the entire award amount with accrued interest and costs, less the amount
already deposited, if any, within a period of eight weeks from the date of receipt
of a copy of this order. On such deposit, the claimants are permitted to withdraw
the award amount, as per ratio fixed by the Tribunal, less the amount already
withdrawn, if any, together with proportionate interest and costs. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
08.09.2021
Intex : Yes/No
Internet : Yes/No
skn
To
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2471 of 2021
1.The Motor Accident Claims Tribunal,
(Special Judge No.1,
Motor Accidents Claims Petitions),
Small Causes Court, Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.2471 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.2471 of 2021
08.09.2021
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