Madras High Court
Ponupandi vs Duraipandian on 11 April, 2022
C.M.A(MD).No.888 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN
C.M.A(MD).No.888 of 2017
1.Ponupandi
2.Peria Krishnakumar
3.Sundari
4.Minor.Karthik
(Minor petitioner represented through his father and next guardian 1st
petitioner herein)
...Appellants/petitioners
Vs.
1.Duraipandian
2.United India Insurance Company Limited,
Through its Branch Manager,
No.312, Rajapalayam Road,
Sankarankovil. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and decree dated
18.02.2016, in M.C.O.P.No.1409 of 2014 on the file of the Motor
Accidents Claims Tribunal, Special Sub Court, Tirunelveli.
For Appellants : Mr.T.Selvakumaran
For Respondents : Mr.A.Ilango for R2
No appearance for R1
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C.M.A(MD).No.888 of 2017
JUDGMENT
The appellants are the claimants in MCOP.No.1409 of 2014 on
the file of the Motor Accidents Claims Tribunal, Special Sub Court,
Tirunelveli. They have filed the above claim petition seeking compensation
of Rs.15,00,000/-(Rupees Fifteen Lakhs Only), for the death of one
Arasathal, in a road accident that took place on 30.10.2014.
2. The case of the appellants/claimants, is as follows:
(i) The first claimant is the husband of the deceased and the
second to third claimants are the children of the deceased.
(ii) The deceased was aged about 44 years, at the time of the
accident. She was working as Beedi Roller and coolie worker and was
earning a sum of Rs.10,000/- per month.
(iii) On 30.10.2014, at about 12.15 p.m., the deceased was
travelling in an auto bearing Registration No.TN-76-8571 belonging to the
first respondent insured with the second respondent on Sankarankoil-
Tirunelveli main road near Navaneethakrishnapuram in a rash and negligent
manner and applied sudden brake, as a result of which, the Auto lost its
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C.M.A(MD).No.888 of 2017
control and capsized on the left side road ditch. Due to the impact, the
deceased trapped inside the auto and sustained serious injuries and
immediately, she was taken to Government Hospital at Sankarankoil and
admitted as inpatient and thereafter, she died in the hospital itself.
3. According to the claimants, the rash and negligent driving of
the driver of the said auto was the cause of the accident and that since the
said auto was insured with the United India Insurance Company Limited,
both the owner and insurer of the said auto are liable to pay compensation
of Rs.15,00,000/-(Rupees Fifteen Lakhs Only) to them.
4.The Tribunal, based upon the oral and documentary evidence,
awarded a sum of Rs.8,67,200/- (Rupees Eight Lakhs Sixty Seven
Thousand and Two Hundred only) together with interest at the rate of 9%
per annum and directed the second respondent to pay the compensation to
the claimants and recover the same from the first respondent. Not satisfied
with the quantum of compensation awarded by the Tribunal, the claimants
have preferred this appeal under Section 173 of the Motor Vehicles Act,
1988.
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C.M.A(MD).No.888 of 2017
5. Heard both sides and perused the materials available on record.
6. The question of rash and negligence is not in dispute and
hence, the finding rendered by the Tribunal in that regard, is hereby
confirmed.
7. On the point of quantum, both the parties are heard. After
perusing the evidence of PW6 and P.W7, this Court is of the considered
view that the deceased was working as a Beedi Roller and working as a
Coolie. Taking note of the evidence of P.W.7 and the fact that the accident
is of the year 2014, this Court is inclined to fix the monthly income of the
deceased as Rs.6,000/- (Rupees Six thousand only). Since there are four
persons depending on the income of the deceased, 1/4rd should be deducted
towards the personal expenses of the deceased. This Court is of the opinion
that the age of the deceased can be taken as '44' as per the post-mortem
certificate (Ex.P3). Therefore, the proper multiplier to be adopted in the
instant case is 14 as per the decision rendered in Sarla Varma and others
vs. Delhi Transport Corporation and another reported in (2009) 6 SCC
121. As per the decision laid down in National Insurance Co. vs Pranay
sethi and others reported in 2017 (2) TNMAC 601, 25% should be added
towards future prospectus of the deceased.
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C.M.A(MD).No.888 of 2017
Calculation:
Notional income = Rs.6,000/-
25% Future Prospects = Rs.1,500/-
Total = Rs.6,000/- + Rs.1,500 = Rs.7,500/-
Loss of pecuniary benefits
= Rs.7500/- x 12 x 14 x 3/4
= Rs.9,45,000/-
8. Accordingly, the award of the Tribunal in M.C.O.P.No.1409 of
2017 is modified as follows:
Sl. Particulars Amount granted Amount
No. by the Tribunal granted by this
Court
Loss of pecuniary Rs.7,37,200/- Rs.9,45,000/-
benefits
2. Loss of love and Rs.1,00,000/- Rs.1,60,000/-
affection for the (Rs.40,000 +
claimants Rs.40,000 +Rs.
40,000/- + Rs.
40,000/-)
3. Transportation Rs.5,000/- Rs.15,000/-
4. Funeral expenses Rs.25,000/- Rs.15,000/-
5. Loss of estate Nil Rs.15,000/-
Total Rs.8,67,200/- Rs.11,50,000/-
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C.M.A(MD).No.888 of 2017
The compensation awarded by the Tribunal is enhanced from Rs.8,67,200/-
(Rupees Eight Laksh Sixty Seven Thousand and Two Hundred only) to
Rs.11,50,000/- (Rupees Eleven Lakhs and fifty Thousand only) which shall
carry interest at the rate of 9% per annum.
9. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed and the
quantum of compensation awarded by the Tribunal is enhanced from
(Rupees Eight Laksh Sixty Seven Thousand and Two Hundred only) to
Rs.11,50,000/- (Rupees Eleven Lakhs and fifty Thousand only) which shall
carry interest at the rate of 9% per annum;
(ii) The appellants/claimants are directed to pay the Court fee for
the enhanced compensation amount, if any and the Registry is directed to
draft the decree only after the receipt of the Court fee;
(iii) The second respondent – United India Insurance Company
Limited is directed to deposit the entire compensation of Rs.11,50,000/-
(Rupees Eleven Lakhs and fifty Thousand only), less the amount already
deposited, if any, together with interest at the rate of 9% per annum from
the date of claim petition till the date of deposit to the credit of
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C.M.A(MD).No.888 of 2017
M.C.O.P.No.1409 of 2014, on the file of the Motor Accidents Claims
Tribunal, Special Sub Court, Tirunelveli, within a period of eight weeks
from the date of receipt of a copy of this judgment;
(iv) On such deposit being made, the appellants 1 to 3 are
permitted to withdraw their share of compensation together with accrued
interest and cost. The apportionment granted by the Tribunal shall be kept
intact; and
(v) The fourth appellant is a minor, and therefore, his share of
compensation amount is ordered to be deposited in any one of the
nationalized banks until he attains majority and the first appellant is
permitted to withdraw the interest directly from the bank, once in three
months in order to maintain the minor.
11.04.2022
Index : Yes/No
Speaking/non-speaking order
tta
To
1.Motor Accidents Claims Tribunal,
Special Sub Court, Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A(MD).No.888 of 2017
RMT.TEEKA RAMAN, J.
tta
C.M.A(MD).No.888 of 2017
11.04.2022
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