Madras High Court
Rani vs Kodeeswaran on 22 September, 2021
CMA.No.1504 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1504 of 2021
1.Rani
2.Baskar
3.Sujithra
4.Subbulakshmi ...Appellants
vs.
1. Kodeeswaran
2. The United India Insurance Company Limited,
Motor Third Party Claim Cell,
No.48, 1st Floor, Chandar Plaza Complex, Arcot Road,
Saligramam,
Chennai – 600 093. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the decree and judgment dated
12.12.2019 made in MCOP.No.253 of 2018 on the file of the Motor
Accident Claims Tribunal (II Additional District Judge, Poonamallee).
For Appellants : Mr.K.Varadha Kamaraj
For Respondent 2 : Mr.D.Bhaskaran
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CMA.No.1504 of 2021
JUDGMENT
This Appeal has been filed by the claimants seeking enhancement
of compensation under the impugned award dated 12.12.2019 passed by
the Motor Accident Claims Tribunal (IInd Additional District Judge),
Poonamallee in MCOP.No.253 of 2018.
2. The Appellants/claimants are the dependents of the deceased
Gopal who died on 04.06.2018 as a result of an accident caused by a
vehicle owned by the first respondent and insured with the second
respondent. The cause of the accident has not been disputed by the
respondents as no appeal has been filed by them aggrieved by the
findings of the Tribunal under the impugned award.
3. The only question that arises for consideration is whether the
Appellants/claimants are entitled for enhancement of compensation or
not.
4. The Tribunal under the impugned award directed the second
respondent Insurance company to pay the Appellants a compensation of
Rs.13,86,250/- as detailed hereunder:
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CMA.No.1504 of 2021
Heads Award Amount
(Rs.)
Loss of income 13,16,250/-
(9000 + 25% = 11250 x
12 = 135000 – ¼
=101250 x 13)
Loss of estate 15,000/-
Loss of consortium 40,000/-
Loss of love and 15,000/-
affection (5000 x 3)
Total 13,86,250/-
5. The deceased Gopal was aged 49 years at the time of the
accident and in the claim petition, the Appellants/claimants have pleaded
that the deceased was doing real estate business and earning Rs.30,000/-
per month. The accident happened on 04.06.2018. Since no documentary
evidence has been produced by the Appellants/claimants in support of
their contention that the deceased was earning Rs.30,000/- per month, the
Tribunal has fixed the monthly income of the deceased at Rs.9,000/- on
notional basis which in the considered view of this Court is low. If the
Tribunal has given due consideration to the year of the accident and the
avocation of the deceased, it ought to have fixed the notional monthly
income of the deceased at a higher sum. After giving due consideration
to the same, this Court enhances the notional monthly income of the
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CMA.No.1504 of 2021
deceased at Rs.12,000/- instead of Rs.9,000/- erroneously fixed by the
Tribunal. The Appellants who claim to be the dependents of the deceased
are the wife, son, daughter and the mother of the deceased. Admittedly,
the third Appellant/third claimant who is the daughter of the deceased is
married to one Venukumar and she cannot be treated as a dependent of
the deceased. However, the Tribunal has erroneously taken the third
Appellant/third claimant also to be a dependent and erroneously
deducted 1/4th towards personal expenses of the deceased instead of 1/3rd
which is correct as the dependents are three in number. Accordingly, the
same is modified by this Court to 1/3rd. Insofar as the loss of future
prospects awarded by the Tribunal to the Appellant/claimant at 25% is
concerned, the same is a correct assessment and accordingly, the same is
confirmed by this Court. Since the deceased was aged 49 years at the
time of the accident, the Tribunal has adopted 13 multiplier for assessing
the pecuniary benefits payable to the Appellants/claimants which is a
correct assessment and the same is confirmed by this Court. Therefore,
the loss of pecuniary benefits payable to the Appellants/claimants is re-
assessed by this court to Rs.15,60,000/- instead of Rs.13,16,250/-.
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CMA.No.1504 of 2021
6. The Tribunal has rightly awarded a compensation of
Rs.40,000/- towards loss of consortium to the first Appellant/wife of the
deceased which is in accordance with the settled law and therefore, the
same is confirmed by this Court.
7. Insofar as the compensation awarded by the Tribunal towards
loss of estate at Rs.15,000/- is concerned, the same is also in accordance
with the settled law and the same is confirmed by this Court.
8. The Tribunal has awarded Rs.15,000/- as compensation towards
loss of love and affection to the Appellants 2 to 4/claimants 2 to 4 which
in the considered view of this Court is low and not in accordance with
the settled law. Accordingly, this Court enhances the compensation
towards loss of love and affection to Rs.1,20,000/- calculated at
Rs.40,000/- each for the Appellants 2 to 4 who are the son, daughter and
the mother of the deceased Gopal.
9. The Tribunal has erroneously not awarded any compensation
towards funeral expenses which the Appellants/claimants are legally
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CMA.No.1504 of 2021
entitled to as per the settled law. Accordingly, this Court awards a
compensation of Rs.15,000/- towards funeral expenses to the
Appellants/claimants.
10. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.17,50,000/- from Rs.13,86,250/- in the
following manner:
Heads Amount awarded by Amount awarded by
the Tribunal this court
(Rs.) (Rs.)
Loss of income 13,16,250/- 15,60,000/-
(9000 + 25% = 11250 (12,000 + 25% =
x 12 = 135000 – ¼ 15000 – 1/3 = 10000 x
=101250 x 13) 12 x 13)
Loss of estate 15,000/- 15,000/-
Loss of consortium 40,000/- 40,000/-
Loss of love and 15,000/- 1,20,000/-
affection (5000 x 3)
Funeral expenses -- 15,000/-
Total 13,86,250/- 17,50 000/-
11. In the result, this civil miscellaneous appeal is partly allowed
by enhancing the award amount from Rs.13,86,250/- to Rs.17,50,000/-.
The second respondent Insurance Company is directed to deposit the
enhanced award amount of Rs.17,50,000/-, after deducting the amount
already deposited if any, together with interest from the date of claim till
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CMA.No.1504 of 2021
the date of deposit and costs to the credit of MCOP.No.253 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 to the bank account of the
Appellants/claimants as per the ratio apportioned by the Tribunal through
RTGS within a period of one week thereafter. No costs.
22.09.2021
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Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
To
1. The II Additional District Judge, Poonamallee
2. The Record Section, High Court of Madras.
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CMA.No.1504 of 2021
ABDUL QUDDHOSE, J.
nl
C.M.A.No.1504 of 2021
22.09.2021
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