Madras High Court
Tamilarasi vs Dr.V.Vijayakumaran on 22 April, 2022
C.M.A(MD)No.1198 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A(MD)No.1198 of 2018
1.Tamilarasi
2.Minor Madhubalan
represented by Guardian mother Tamilarasi
3.Minor Jothiprakash
represented by Guardian mother Tamilarasi
... Appellant/Claimants
.vs.
1.Dr.V.Vijayakumaran
2.The Branch Manager,
United India Insurance Company Limited,
No.443, Periyakulam Road,
Theni District. ... respondents / respondents
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
against the fair and decreetal order passed in M.C.O.P.No.47 of
2017 dated 05.07.2018 on the file of the Motor Accident Claims
Tribunal/Principal Subordinate Judge, Karur.
For Appellants : Mr.V.Sakthivel for
M/s.E.K.Kumaresan
For R-1 : No Appearance
For R-2 : Mr.C.Jawahar Ravindran
1/7
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1198 of 2018
JUDGMENT
*********
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
The claimants are on appeal seeking enhancement of
compensation.
2. The factum of accident and the liability of the Insurance
Company, are not in dispute inasmuch as the Insurance Company
has not chosen to challenge the award.
3. Heard Mr.V.Sakthivel for M/s.E.K.Kumaresan, learned
counsel appearing for the appellants and Mr.C.Jawahar Ravindran,
learned counsel appearing for the second respondent / Insurance
Company.
4. While Mr.V.Sakthivel, learned counsel appearing for the
appellants, would vehemently contend that despite production of
Exs.X1 to X3 and Ex.P10, to demonstrate the income of the
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1198 of 2018
deceased, the Tribunal ought not to have fixed the notional income
at Rs.9,000/-. He would add that fixing of notional income is on the
lower side considering the fact that the deceased is double degree
holder. He would further contend that the Tribunal has not taken
into account the future prospects.
5. Contending contra, Mr.Jawahar Ravindran, would submit
that Ex.X1 to X3 were disbelieved on the ground that they had
emerged after the accident. He would also contend that the
Tribunal has rightly disbelieved Ex.P10 since the signature of the
employee differs and in the salary slip for August, 2012, the wife of
the deceased had signed the same as the employee. Though the
deceased died on 15.07.2012, it appears from the salary slip for the
month of July, 2012, dated 05.08.2012, the entire salary has been
paid. Therefore, according to the learned counsel, the Tribunal was
justified in rejecting those documents as proof of income.
6. While we see some force in the contention of the learned
counsel for the appellants that the Tribunal erred in not taking into
account the future prospects, we are unable to countenance any of
his other submissions in view of the inherent defects in the
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1198 of 2018
documents produced in support of the income.
7. We are therefore, inclined to add future prospects to the
notional income fixed by the Tribunal. If future prospects at 25% is
added, the monthly income of the deceased would be Rs.11,250/-.
After deducting 1/3rd towards his personal expenses, the loss of
dependency of the family would be Rs.7,500/- per month.
Therefore, the total loss of dependency would be Rs.12,60,000/-
( 7500 X 12 X 14). The Tribunal awarded a sum of Rs.1,00,000/-
towards loss of consortium, the same is sustained. The award
towards Loss of love and affection, is enhanced to Rs.40,000/- per
claimant and the total amount comes to Rs.1,20,000/-. The
amount of Rs.5,000/- awarded for transportation is sustained. The
amount awarded for funeral expenses is enhanced to Rs.15,000/-
and another sum of Rs.15,000/- is awarded towards loss of estate.
Thus, the total compensation works out to Rs.15,15,000/-.
8. In the result, this Civil Miscellaneous Appeal is partly
allowed and the award dated 05.07.2018 made in
M.C.O.P.No.47 of 2017 on the file of the Motor Accident Claims
Tribunal / Principal Subordinate Judge, Karur, is enhanced to
Rs.15,15,000/-(Rupees Fifteen Lakhs and Fifteen Thousand Only).
The award amount is apportioned equally to all the three claimants.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1198 of 2018
No Costs.
9. The Insurance Company shall deposit the enhanced
compensation, with interest at the rate of 7.5% per annum from the
date of claim till the date of deposit and costs, less the amount if
any already deposited, if any, to the credit of M.C.O.P.No.47 of 2017
on the file of the Motor Accident Claims Tribunal / Principal
Subordinate Judge, Karur, within a period of six weeks from the date
of receipt of a copy of this judgment. On such deposit being made,
the first appellant/first claimant is permitted to withdraw her share,
with proportionate interests and costs. The Tribunal is directed to
deposit the share of the minor claimants in any one of the
Nationalised Banks, in an interest earning fixed deposit, initially for
a period of two years with a clause for auto renewal, till they attain
majority. The guardian of the minor claimants, is permitted to
withdraw the accrued interest once in three months directly from
the bank. The proceeds of the fixed deposit shall be paid out equally
to the minor claimants on their attaining majority.
[R.S.M.,J.] [N.S.K.,J.]
22.04.2022
Index:Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1198 of 2018
Internet:Yes/No
pm
To:
1.The Motor Accident Claims Tribunal,
Principal Subordinate Judge, Karur.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.1198 of 2018
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
pm
JUDGMENT MADE IN
C.M.A(MD)No.1198 of 2018
22.04.2022
https://www.mhc.tn.gov.in/judis
