Madras High Court
Selvam vs Senthilkumar : Ist on 12 April, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.380 of 2022
1.Selvam
2.Minor Ramya
3.Minor Indumathi
4.Minor Selva
(Appellants 2 to 4, who are minors, are represented by
their father and next guardian, the first appellant herein
Selvam) :Petitioners/Appellants
.vs.
1.Senthilkumar : Ist Respondent/Petitioner
2.The United India Insurance Company Limited,
through its Branch Manager,
No.560 X, Kandan Complex Second Floor,
Opposite to New Bus Stand,
Valliyoor. :Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act against the judgment and decree made in
M.C.O.P.No.913 of 2015, dated 20.02.2017, on the file of the Motor
Accidents Claims Tribunal(Special Sub-Court), Tirunelveli.
For Appellant :Mr.T.Selvakumaran
For Respondent-2 :Mr.J.S.Murali
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JUDGMENT
*********
This Civil Miscellaneous Appeal is directed against the
judgment and decree made in M.C.O.P.No.913 of 2015, dated
20.02.2017, on the file of the Motor Accidents Claims
Tribunal(Special Sub-Court), Tirunelveli.
2.The claim Petitioners are the appellants herein. For the sake
of convenience, the parties are referred to, as per their ranking
before the Tribunal.
3.The factum of the accident, manner of the accident and rash
and negligence on the part of the offending vehicle are not disputed
and hence, the findings of the Tribunal with regard to the same are
confirmed.
4.The learned counsel for the appellants would contend that
the claim petitioners have filed the claim petition for the death of
the wife of the first claim petitioner/Selvam, who is aged 34 years
at the time of the accident, who died in the road traffic accident
that had occurred on 21.04.2015 and she is doing milk vending
business and also an agricultural coolie and earns a sum of Rs.
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10,000/-p.m. Following Syed Sadiq's case, the notional income of
the deceased is taken as Rs.6,500/- and as per Ex.P2 Post-mortem
Certificate, the deceased is aged 34 years at the time of accident
and hence, mulitiplier of '15' is adopted and as per Sarla Verma's
case and following Pranay Sethy's case, 40% future prospects
has to be added and since there are four dependants, ¼ deduction
has to be made and as such, the pecuniary loss sustained by the
claimants due to the death of Santhi is assessed at Rs.
6,500+2,600=9,100/-Therefore, the loss of dependency is arrived
at Rs.9100x15x12x3/4=12,28,500/-.This Court awards loss of
consortium for the husband/first claim petitioner at Rs.40,000/- and
the parental consortium for claim petitioners 2 to 4 at Rs.40,000/-
x3=Rs.1,20,000/-.Further this Court awards Rs.15,000/- towards
funeral expenses, Rs.15,000/- for transport expenses and loss of
estate at Rs.15,000/- and in all the claimants are entitled to Rs.
13,93,500/- as total compensation with interest at the rate of 7.5%
p.a.
5.In the result, the Civil Miscellaneous Appeal is partly allowed
to the extent as indicated above, enhancing the compensation from
Rs.11,00,000/- to Rs.13,93,500/- with interest at the rate of 7.5%
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p.a., from the date of claim petition till the date of realisation. The
second respondent/Insurance Company is directed to deposit the
enhanced award amount with accrued interest and costs, less the
award amount, if any, already deposited, within a period of eight
weeks from the date of receipt of a copy of this order. On such
deposit being made, the first claimant is permitted to withdraw his
share in the award amount with proportionate interest and costs, as
per the ratio of apportionment made by the Tribunal by filing
necessary application before the Tribunal. The Tribunal is directed to
deposit the share of the minor claimants 2 to 4 with proportionate
accrued interest and costs, as per the ratio of apportionment made
by the Tribunal, in fixed deposit, initially for a period of three years,
renewabale thereafter, till they attain majority. The first claimant,
the father and guardian of the minor claimants 2 to 4 is permitted
to withdraw interest from the said deposits, once in three months,
directly from the Bank and utilize the same for the welfare of the
children. It is also made clear that the claimants are not entitled for
any interest for the delay period of 274 days in filing the above
appeal.
18.04.2022
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Index:Yes/No
Internet:Yes/No
vsn
To
1.The 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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RMT.TEEKAA RAMAN.,J.
vsn
JUDGMENT MADE IN
C.M.A(MD)No.380 of 2022
18.04.2022
https://www.mhc.tn.gov.in/judis
