Madras High Court
Poongodi vs Shanthi on 9 September, 2021
CMA.Nos.1527 & 1528 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA Nos. 1527 & 1528 of 2021
Poongodi ...Appellant in CMA.No.1527 of 2021
1.Ravi
2.Prema ...Appellants in CMA.No.1528 of 2021
vs.
1.Shanthi
2.The Branch Manager,
The New India Assurance Company Limited,
T.P.Hub, Divisional Office – 730 900,
Jerome Buildings, Fort Station Road,
Trichy – 620002. ...Respondents in both CMAs.
Common Prayer: Civil Miscellaneous Appeals filed under Section 173
of the Motor Vehicles Act, 1988 challenging the common Judgement and
Decree dated 19.11.2020 made in M.C.O.P. Nos.147 & 76 of 2019 on the
file of the Motor Accidents Claims Tribunal and Sessions Judge, Mahila
Court, Perambalur.
For Appellants in both CMAs. : Mr. S.P. Yuaraj
For Respondent 2 in both CMA: Mr.J.Chandran
https://www.mhc.tn.gov.in/judis/
CMA.Nos.1527 & 1528 of 2021
COMMON JUDGMENT
These Appeals have been filed by the respective claimants seeking
for enhancement under the impugned common award dated 19.11.2020
passed by the Motor Accident Claims Tribunal (Sessions Judge, Mahila
Court, Perambalur) in M.C.O.P. No. 76 & 147 of 2019.
2. The Tribunal under the impugned award directed the 2nd
respondent Insurance Company to pay the following compensation to the
respective claimants as detailed below:
CMA.No.1527 of 2021 corresponds to MCOP.No.147 of 2019
Heads Award Amount
(Rs.)
Loss of dependency 12,09,600/-
(8000 + 40% = 11200 x 12
= 134400 – 50% =67200 x
18)
Loss of estate 15,000/-
Funeral Expenses 15,000/-
Total 12,39,600/-
Less: 10% contributory 1,23,960/-
negligence
Award amount 11,15,640/-
https://www.mhc.tn.gov.in/judis/
CMA.Nos.1527 & 1528 of 2021
CMA.No.1528 of 2021 corresponds to MCOP.No.76 of 2019
Heads Award Amount
(Rs.)
Loss of dependency 12,09,600/-
(8000 + 40% = 11200 x
12 = 134400 – 50%
=67200 x 18)
Loss of estate 15,000/-
Funeral Expenses 15,000/-
Total 12,39,600/-
3. The deceased Rajesh and Kannan were final year and third year
engineering students respectively and both died on 25.01.2019 as a result
of an accident caused by a vehicle owned by the 1st respondent and
insured with the 2nd respondent.
4. The respective Appellants are the parents of the respective
deceased. Rajesh (deceased) was the rider of the insured motor cycle and
Kannan (deceased) was the pillion rider. Rajesh (deceased) was aged 24
years and Kannan (deceased) was aged 20 years at the time of the
accident. The cause of the accident has not been disputed by the second
respondent Insurance Company before the Tribunal.
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CMA.Nos.1527 & 1528 of 2021
5. The Tribunal has fixed the notional monthly income of both the
deceased at Rs.8,000/-. The accident happened in the year 2019. This
Court is of the considered view that if the year of the accident was taken
into consideration, the Tribunal ought to have fixed the notional monthly
income at a higher sum as the deceased were final and third year
engineering students respectively. After giving due consideration to the
age, the year of the accident and the educational qualification of the
respective deceased, this Court enhances the notional monthly income
for both the deceased to Rs.15,000/- instead of Rs.8,000/- fixed by the
Tribunal.
6. Even though, the Tribunal has correctly awarded loss of future
prospects at 40% to the respective Appellants, the quantum towards loss
of future prospects will get enhanced in view of the fact that the notional
monthly income has been enhanced by this Court from Rs. 8,000/- to
Rs.15,000/-. Both the deceased were bachelors at the time of the
accident and the Tribunal has rightly deducted 50% towards the personal
expenses of the respective deceased which is confirmed by this Court.
The Tribunal has rightly adopted the multiplier of 18, since the
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CMA.Nos.1527 & 1528 of 2021
respective deceased were aged 24 & 20 respectively which is confirmed
by this Court. Therefore, the loss of income to the respective Appellants
is reassessed at Rs.22,68,000/- each instead of Rs.12,09,600/-
erroneously fixed by the Tribunal.
7. The Tribunal has failed to award any compensation towards loss
of love and affection to the respective Appellants for which they are
legally entitled to as per the settled law. Insofar as the M.C.O.P. No.76
of 2019 which corresponds to CMA No. 1528 of 2021 is concerned, the
Appellants are 2 in number who are the parents of the deceased and each
of them are entitled to Rs.40,000/- each towards loss of love and
affection and in all put together, they are entitled to Rs.80,000/- and the
same is awarded by this Court. Insofar as M.C.O.P. No.147 of 2019
which corresponds to CMA No. 1527 of 2021 is concerned, the
Appellant is the mother of the deceased and she is entitled to Rs.
40,000/- towards loss of love and affection as per the settled law which
was erroneously not awarded by the Tribunal. Accordingly, this Court
awards a sum of Rs.40,000/- towards loss of love and affection to the
Appellant in CMA No.1527 of 2021.
https://www.mhc.tn.gov.in/judis/
CMA.Nos.1527 & 1528 of 2021
8. Insofar as the compensation awarded by the Tribunal towards
funeral expenses and loss of estate at Rs.15,000/- each to the respective
Appellants is concerned, the same is a just compensation and it is
confirmed by this Court.
9. Since at the time of the accident, the motor cycle in which the
respective deceased were traveling was carrying three persons, the
Tribunal has fixed the contributory negligence on the part of the rider of
the motor cycle namely the deceased, Rajesh at 10% which corresponds
to the claim made in M.C.O.P. No. 76 of 2019 and the same is confirmed
by this Court. Insofar as the other claim which relates to M.C.O.P. No.
147 of 2019 is concerned, since the deceased was a pillion rider, no
contributory negligence was fixed on him by the Tribunal and the same
is also confirmed by this Court.
10. For the foregoing reasons, the compensation awarded by the
Tribunal to the respective Appellants is enhanced in the following
manner.
https://www.mhc.tn.gov.in/judis/
CMA.Nos.1527 & 1528 of 2021
CMA No. 1527 of 2021 against M.C.O.P. No. 147of 2019
Heads Amount Awarded Amount Awarded by
by the Tribunal this Court
(Rs.) (Rs.)
Loss of dependency 12,09,600/- Rs.22,68,000/-
(8000 + 40% = 11200 (15000 + 40% =
– 50% = 5600 x 12 x 21000 – 50% = 10500
18) x 12 x 18)
Love and affection Nil Rs.40,000/-
Funeral expenses Rs.15,000/- Rs.15,000/-
Loss of estate Rs.15,000/- Rs.15,000/-
Total award Rs.12,39,000/- Rs.23,38,000/-
CMA No. 1528 of 2021 against M.C.O.P. No. 76 of 2019
Heads Amount Awarded by Amount Awarded
the Tribunal by this Court
(Rs.) (Rs.)
Loss of dependency 12,09,600/- Rs.22,68,000/-
(8000 + 40% = 11200 (15000 + 40% =
– 50% = 5600 x 12 x 21000 – 50% = 10500
18) x 12 x 18)
Love and affection Nil Rs.80,000/-
Funeral expenses Rs.15,000/- Rs.15,000/-
Loss of estate Rs.15,000/- Rs.15,000/-
Total award Rs.12,39,000/- Rs.23,78,000/-
Less: 10% Rs.1,23,960/- Rs.2,37,800/-
Contributory
Total Rs.11,15,640/- Rs.21,40,200/-
11. Accordingly, these civil miscellaneous appeals are partly
allowed by enhancing the award amount. The second respondent
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CMA.Nos.1527 & 1528 of 2021
insurance company is directed to deposit the enhanced award amount of
Rs.23,38,000/-, 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.147 of 2019 and also directed to deposit
the enhanced award amount of Rs.21,40,200/- 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.76 of 2019 within
a period four weeks from the date of receipt of a copy of this common
Judgment. On such deposit being made, the Tribunal shall transfer the
amount lying to the credit of MCOP.No.147 of 2019 to the bank account
of the Appellant in CMA.No.1527 of 2021 directly through RTGS and
also transfer the amount lying to the credit of MCOP.No.76 of 2019 to
the bank account of the Appellants in CMA.No.1528 of 2021 directly
through RTGS in the ratio apportioned by the Tribunal within a period of
one week thereafter. No costs.
09.09.2021
ab
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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CMA.Nos.1527 & 1528 of 2021
To
1. Motor Accidents Claims Tribunal /
Sessions Judge, Mahila Court,
Perambalur.
2. The Section officer,
Record Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
CMA.Nos.1527 & 1528 of 2021
ABDUL QUDDHOSE, J.
ab
CMA Nos. 1527 & 1528 of 2021
09.09.2021
https://www.mhc.tn.gov.in/judis/
