Madras High Court
Rajendran vs The Cor on 8 September, 2021
CMA.No.2023 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2023 of 2021
1. Rajendran
2. Manimegalai ...Appellants
vs.
1. The Correspondent
Annai Velankanni Polytechnic College,
No.23, Anguchettipalayam, Panruti Taluk,
Cuddalore District.
2. The Chief Manager,
The Oriental Insurance Company Ltd.,
Third Party Claim Hub,
New No.216, Old No.115, Prakasam Salai,
Broadway, Chennai – 600 108.
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
No.218 of 2019 dated 24.03.2021 on the file of the Motor Accident
Claims Tribunal / Subordinate Judge's Court, Panruti.
For Appellants : Ms. Ramya V. Rao
For Respondents : Mr. D. Bhaskaran for R2
R1 Not Served
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CMA.No.2023 of 2021
JUDGMENT
This Appeal has been filed by the claimants seeking enhancement
of compensation under the impugned award dated 24.03.2021 passed by
the Motor Accident Claims Tribunal (Subordinate Judge's Court, Panruti)
in M.C.O.P. No.218 of 2019.
2. The Appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred his appeal seeking
for enhancement.
3. The Tribunal under the impugned award directed the second
respondent Insurance Company to pay a compensation of Rs.13,14,600/-
to the Appellants / claimants as detailed below:
Heads Award Amount
(Rs.)
Loss of dependency 12,09,600/-
(8000 + 40% = 11200
x 12 x 18 = 2419200 –
50%)
Loss of love and affection 80,000/-
(40,000 x 2)
Funeral expenses 15,000/-
Transport Expenses 10,000/-
Total 13,14,600/-
4. The Appellants are the parents of the deceased Iyyappan who
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CMA.No.2023 of 2021
died on 06.09.2018 as a result of an accident caused by a vehicle owned
by the 1st respondent and insured with the 2nd respondent. The
deceased was aged 19 years at the time of the accident and in the claim
petition, the Appellants/ claimants have pleaded that he was a Mason,
earning Rs.20,000/- p.m.
5. The Tribunal under the impugned award has assessed the
notional monthly income of the deceased at Rs.8,000/-. This Court is of
the considered view that the Tribunal has not taken into consideration the
year of the accident as well as the avocation of the deceased while
assessing the notional monthly income. This Court after giving due
consideration to the avocation and the year of the accident which
happened in the year 2018 reassesses the notional monthly income of the
deceased at Rs.11,000/- instead of Rs.8,000/- erroneously fixed by the
Tribunal.
6. The Tribunal has rightly awarded the loss of future prospects at
40%, considering the age and avocation of the deceased and the same is
confirmed by this Court. The Tribunal also has rightly deducted 50%
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CMA.No.2023 of 2021
towards the personal expenses of the deceased as the deceased was a
bachelor at the time of the accident. The multiplier of 18 adopted by the
Tribunal is also a correct assessment, in view of the fact that the
deceased was aged 19 years at the time of the accident. Since this Court
has enhanced the notional monthly income of the deceased to
Rs.11,000/- instead of Rs.8,000/- fixed by the Tribunal, the
compensation towards loss of pecuniary benefits payable to the
Appellants / Claimants is reassessed by this Court at Rs.16,63,200/-
instead of Rs.12,09,600/- fixed by the Tribunal.
7. With regard to the compensation awarded by the Tribunal under
various other heads namely loss of love and affection, funeral expenses
and transport expenses are concerned, the same is confirmed by this
Court as it cannot be considered to be inadequate as alleged by the
Appellants.
8. However, the Tribunal has failed to award any compensation to
the Appellants / claimants towards loss of estate which they are legally
entitled to as per the settled law. Therefore, this Court awards a
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CMA.No.2023 of 2021
compensation of Rs.15,000/- to the Appellants towards loss of estate.
9. For the foregoing reasons, the compensation awarded by the
Tribunal at Rs.13,14,600/- is enhanced to Rs.17,83,200/- by this Court as
detailed hereunder:
Heads Amount awarded by Amount awarded
the Tribunal by this Court
(Rs.) (Rs.)
Loss of dependency 12,09,600/- 16,63,200/-
(8000 + 40% = 11200 x (11000 + 40% =
12 x 18 = 2419200 – 15400 x 12 x 18 =
50%) 3326400 – 50%)
Loss of love and 80,000/- 80,000/-
affection (40,000 x 2) (40,000 x 2)
Funeral expenses 15,000/- 15,000/-
Transport Expenses 10,000/- 10,000/-
Loss of estate -- 15,000/-
Total 13,14,600/- 17,83,200/-
10. In the result, this Civil Miscellaneous Appeal is partly allowed
by enhancing the award amount from Rs.13,14,600/- to Rs.17,83,200/-.
The second respondent Insurance Company is directed to deposit the
enhanced award amount, after deducting the amount already deposited if
any, together with interest at the rate of 7.5% from the date of claim till
the date of deposit and costs to the credit of MCOP.No.218 of 2019 on
the file of the learned Subordinate Judge's Court, Punruti, within a period
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CMA.No.2023 of 2021
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.218 of 2019 to the bank account of the
Appellants/claimants in the ratio apportioned by the Tribunal through
RTGS within a period of one week thereafter. No costs.
08.09.2021
ab
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
To
1. Motor Accidents Claims Tribunal /
Subordinate Judge's Court,
Panruti.
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CMA.No.2023 of 2021
ABDUL QUDDHOSE, J.
ab
C.M.A.No.2023 of 2021
08.09.2021
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