Madras High Court
K.Sakthivel vs R.Veerakumar on 5 August, 2022
C.M.A.No.1072 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.1072 of 2022
1.K.Sakthivel
2.Minor S.Prasanna
3.Minor S.Saranya
(Minor appellants are Rep. by their
N/F father Sakthivel) ... Petitioners/Appellants
Vs
1.R.Veerakumar
2.United India Insurance Co. Ltd.,
No.104-A, Peramanur Main Road,
Peramanur, Salem – 636 009. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 praying to set aside the award and enhance the
compensation amount made in Judgment and decree dated 08.03.2019 made in
M.C.O.P.No.2852 of 2015 on the file of the Motor Accident Claims Tribunal
and I Additional District Judge, Salem by allowing this Civil Miscellaneous
Appeal.
For Appellants : Mr.SP.Yuaraj
For R1 : No Appearance
For R2 : M/s.J.Chandran
1/8
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C.M.A.No.1072 of 2022
JUDGEMENT
The claimants are before this Court seeking an enhancement of the award
passed by the Motor Accident Claims Tribunal (I Additional District Judge),
Salem in M.C.O.P.No.2852 of 2015, dated 08.03.2019.
2.The Insurance Company has not challenged the award. Therefore, I am
not extracting the facts of the case. Suffice it to state that the
claimants/appellants were before the Tribunal seeking compensation for the
death of one Kalaivani, who died in a road accident on 15.09.2015. The 1 st
appellant is her husband and appellants 2 and 3 are her minor children. They
had in all claimed a sum of Rs.40,00,000/-.
3.The Tribunal had adopted a notional income of Rs.7,500/- per month
and an annual income of Rs.90,000/- and 1/3rd was deducted towards personal
expenses leaving a sum of Rs.60,000/- for the family. To this, a multiplier of 16
was adopted and the loss of income was calculated at a sum of Rs.9,60,000/-.
Totally, a compensation of a sum of Rs.14,82,588/- was awarded.
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C.M.A.No.1072 of 2022
4.The appellants are aggrieved by the adoption of a notional income of
Rs.9,500/-. It is their case that being a Coolie and her death having taken place
in the year 2015, the notional income should have been fixed at a sum of
Rs.10,000/- and future prospects have not been taken into account. That apart,
the amounts under the head of loss of love and affection is also low.
5.Heard the counsels on either side and perused the materials available on
record.
6.The accident having taken place in the year 2015, the monthly notional
income can been safely fixed at a sum of Rs.10,000/-. Considering the fact that
the Coolie could have earned anything between a sum of Rs.250/- to Rs.350/-
per day. To this, 40% has to be added towards future prospects. The monthly
notional income would work out to a sum of Rs.14,000/-. Therefore, the annual
income would be of a sum of Rs.1,68,000/-. Out of this, 1/3rd has to be deducted
towards personal expenses and the family would be left with an income of a
sum of Rs.1,12,000/-. To this, a multiplier of 16 has to be adopted, therefore,
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C.M.A.No.1072 of 2022
the amount under the head of loss of income would work out to a sum of
Rs.17,92,000/- i.e., (Rs.1,12,000/- x 12).
Loss of Income Amount in Rs.
Notional income (Per month) 14,000
Notional income (per annum) (Rs.14,000/- x 12) 1,68,000
Less: Personal Expenses (1/3) 56,000
1,12,000
Total 17,92,000
7.A sum of Rs.50,000/- has been granted under the head of "loss of
consortium", which is reduced to a sum of Rs.40,000/-. The two minor
appellants are entitled to a sum of Rs.40,000/- each under the head of loss of
love and affection. Therefore, the amount under this head is enhanced to a sum
of Rs.80,000/-. The appellants have been granted a sum of Rs.10,000/- under
the head of extra nourishment, which is reduced to a sum of Rs.5,000/-. Further,
the funeral expenses to the tune of Rs.20,000/- has been granted, which has to
be reduced to a sum of Rs.15,000/-. The transportation charges shall remain
unaltered. A sum of Rs.3,97,638/- awarded under the head of medical bill, shall
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C.M.A.No.1072 of 2022
also remain unaltered. A sum of Rs.15,000/- has to be given under the head of
loss of estate. Therefore, the total compensation payable is as follows:
Heads Awarded by Awarded by
the Tribunal this Court
(Amount in (Amount in
Rs.) Rs.)
Loss of Income 9,60,000 17,92,000
(Enhanced)
Loss of love and affection (40,000 x 2) 50,000 80,000
(Enhanced)
Loss of Consortium 50,000 40,000
(Reduced)
Extra Nourishment 10,000 5,000
(Reduced)
Transportation charges 10,000 10,000
Funeral Expenses 20,000 15,000
(Reduced)
Medical Bills 3,97,638 3,97,638
Loss of Estate 0 15,000
Total 14,82,600 23,54,638
(Rounded off)
8. The appeal is allowed and the impugned Award of the Tribunal is
modified, enhancing the compensation amount from Rs.14,82,600/- to
Rs.23,54,638/-. The 2nd respondent/Insurance Company is directed to deposit
the said amount to the credit of M.C.O.P.No.2852 of 2015 along with interest at
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C.M.A.No.1072 of 2022
the rate of 7.5% per annum from the date of claim petition till the date of
deposit and costs as awarded by the Tribunal, less, the amount, if any already
deposited, 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 is permitted to
withdraw the award amount falling to his share, along with proportionate
interest and costs as awarded by the Tribunal, less, the amount, if any already
withdrawn. The amount due to the minors shall be deposited in a Nationalized
Bank. Till the minors attain majority, the quarterly interest can be withdrawn by
the first appellant for the maintenance of the minors. The claimants are directed
to pay the necessary Court fee for the enhanced compensation amount, if
required. The Tribunal below shall not disburse the enhanced amount till such
time the certified copy showing proof of payment of Court fee is produced by
the claimants. In other respects, the Award of the Tribunal is hereby confirmed.
There shall be no order as to costs in the present appeal.
05.08.2022
Index : Yes/No
Speaking order/non-speaking order
sp
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C.M.A.No.1072 of 2022
To
1.The Motor Accident Claims Tribunal (I Additional District Judge), Salem.
2.The Section Officer, V.R.Section, High Court, Madras.
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C.M.A.No.1072 of 2022
P.T.ASHA, J.,
sp
C.M.A.No.1072 of 2022
05.08.2022
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