Madras High Court
Kalaivani vs N.Surya on 8 September, 2021
C.M.A.No.2189 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2189 of 2021
1.Kalaivani
2.Minor P.R.Subiksha
3.Minor P.R.Sushanth
4.Perumal
5.P.Solaiyamma ... Appellants
Vs
1.N.Surya
2.The Branch Manager,
United India Insurance Company Ltd.,
No.50A, Pallivasal Street,
Perambalur. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the Award passed in judgment and decree dated
22.04.2021 made in MCOP.No.416 of 2018 on the file of the Motor
Accident Claims Tribunal and Sessions Judge, Principal District Judge,
Perambalur.
For Appellant : Mr.SP.Yuaraj
For Respondent 2 : Ms.Janani
for Mr.J.Chandran
1/8
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C.M.A.No.2189 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Claimants
seeking enhancement of compensation under the impugned award dated
22.04.2021 passed by the Motor Accident Claims Tribunal, (Principal
District Judge, Perambalur) in MCOP.No.416 of 2018.
2. The Tribunal under the impugned award directed the second
respondent Insurance Company to pay the Appellants/claimants a
compensation of Rs.10,93,750/- as detailed hereunder:
Heads Award Amount
(Rs.)
Loss of income 10,23,750/-
(6562 x 12 x 13)
Loss of consortium 40,000/-
Funeral Expenses 15,000/-
Loss of estate 15,000/-
Total 10,93,750/-
3. The Appellants are the dependants of the deceased Ramar who died
on 11.05.2018 as a result of an accident caused by a vehicle owned by the
first respondent and insured with the second respondent Insurance
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C.M.A.No.2189 of 2021
Company. The Appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred this appeal seeking
enhancement of compensation.
4. As per the claim petition, the Appellants/claimants have pleaded
that the deceased was a driver at the time of the accident. But however, no
documentary evidence was produced before the Tribunal to prove that he
was a driver. Since no documentary evidence has been produced, the
Tribunal has fixed the notional monthly income of the deceased at
Rs.7,000/-. The accident having happened in the year 2018, the assessment
of notional monthly income of the deceased by the Tribunal at Rs.7,000/- is
low and it has to be necessarily enhanced. This Court after giving due
consideration to the year of the accident and the claim made by the
Appellants that the deceased was a driver at the time of the accident,
reassessed his notional monthly income at Rs.11,000/- instead of Rs.7,000/-
erroneously fixed by the Tribunal. The Tribunal has awarded loss of future
prospects to the Appellants/claimants at 25% in accordance with settled law
and the same is confirmed by this Court. The Tribunal has also deducted
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C.M.A.No.2189 of 2021
1/4th towards personal expenses of the deceased, since the
Appellants/claimants who are the dependants of the deceased are five in
number and the same is confirmed by this Court. Since the notional monthly
income of the deceased is enhanced to Rs.11,000/- by this court from Rs.
7,000/- fixed by the Tribunal, the compensation for loss of income to the
Appellants/claimants is reassessed by this court at Rs.16,08,672/- instead of
Rs.10,23,750/- erroneously fixed by the Tribunal.
5. Insofar as the compensation awarded by the Tribunal towards loss
of consortium at Rs.40,000/-, funeral expenses at Rs.15,000/- and Loss of
estate at Rs.15,000/- are concerned, the same cannot be considered to be
inadequate as alleged by the Appellants/claimants and the same is confirmed
by this Court.
6. However, the Tribunal has erroneously failed to award any
compensation towards loss of love and affection to the Appellants 2 to 5 /
claimants 2 to 5 who are the minor children and the parents of the deceased
which they are legally entitled to and as per the settled law, each of them are
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C.M.A.No.2189 of 2021
entitled to Rs.40,000/- as compensation towards loss of love and affection.
Since the Tribunal has not awarded any compensation towards loss of love
and affection to the Appellants 2 to 5 / claimants 2 to 5, this Court awards a
compensation of Rs.1,60,000/- towards loss of love and affection to the
Appellants 2 to 5 / claimants 2 to 5.
7. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.18,38,672/- from Rs.10,93,750/- in the following
manner:
Heads Amount Awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of income 10,23,750/- 16,08,672/-
(6562 x 12 x 13) (10312 x 12 x 13)
Loss of consortium 40,000/- 40,000/-
Funeral Expenses 15,000/- 15,000/-
Loss of estate 15,000/- 15,000/-
Loss of love and -- 1,60,000/-
affection
Total 10,93,750/- 18,38,672/-
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C.M.A.No.2189 of 2021
8. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.18,38,672/- from Rs.10,93,750/- Accordingly,
this civil miscellaneous appeal is partly allowed. 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 cost to the credit of
MCOP.No.416 of 2018 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.416 of 2018 to the bank account of the Appellants 1 4
& 5/claimants 1, 4 & 5 through RTGS as per the ratio apportioned by the
Tribunal within a period of one week thereafter. Since the Appellants 2 & 3 /
Claimants 2 & 3 are minors, their respective share of award amount shall be
deposited in interest bearing fixed deposit in any one of the Nationalised
Banks till they attain majority. The first Appellant/first claimant is permitted
to withdraw the interest accrued once in six months for the welfare of the
minors. If the minors attain the age of majority, it is open for them to file a
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C.M.A.No.2189 of 2021
formal petition to declare them as majors. No costs. Consequently,
connected miscellaneous petition is closed.
08.09.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
To
1. The Sessions Judge, Principal District Judge, Perambalur.
2.The Section Officer, V.R.Section, High Court of Madras.
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C.M.A.No.2189 of 2021
ABDUL QUDDHOSE, J.
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C.M.A.No.2189 of 2021
08.09.2021
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