Madras High Court
Julilaians Mary vs The Managing Director on 17 August, 2022
C.M.A.No.1963 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.1963 of 2019
1.Julilaians Mary
2.Minor A.Anthuvan Alex
3.Minor A.Anthuvan Benit Raj
4.Minor A.Anthuvan Rejina Mary
5.Thomas
6.T.Pragasa Mary ... Appellants
(Minor petitioners 2 to 4 are represented by mother, guardian,
NF 1st petitioner herein)
Vs
The Managing Director,
Tamil Nadu State Transport Corporation
(Vilupuram Division I) Ltd.,
No.3/137, Salamedu,
Vazhuthareddy Post,
Villupuram – 605 602. ... Respondent
1/7
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C.M.A.No.1963 of 2019
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the award and decree dated 01.07.2017 in
M.C.O.P.No.60 of 2016 on the file of the Motor Accidents Claims Tribunal, I
Additional District Judge, Cuddalore by enhancing the award amount.
For Appellants : M/s.Ramya V.Rao
For Respondent : M/s.J.Tamil Selvi
JUDGEMENT
The claimants before the Motor Accident Claims Tribunal, I Additional
District Judge, Cuddalore in M.C.O.P.No.60 of 2016 are the appellants before
this Court challenging the award passed by the Tribunal.
2.Since the petitioners/appellants have only challenged the quantum of
compensation, I do not propose to extract the entire facts of the case. Suffice it
to state that the wife, minor children and aged parents of the deceased
T.Abiraham had filed the above claim petition seeking compensation of a sum of
Rs.50,00,000/- for the death of the said Abiraham in a road accident on
20.11.2015. The deceased Abiraham was claimed to be a driver and aged about
32 years, earning a sum of Rs.15,000/- per month.
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C.M.A.No.1963 of 2019
3.The Tribunal, on considering the facts and taking into account of the
fact that the petitioners/appellants had not filed any proof for the income, had
adopted a notional income of a sum of Rs.7,000/- per month. The Tribunal had
not granted any amount towards future prospects. Further, the Tribunal had
deducted 1/4th towards personal expenses as against 1/5th that was to be
deducted as per the judgment in the case of Sarla Verma and Ors. v. DTC &
Ors. reported in (2009) 6 SCC 121.
4.Heard the counsels on either side and perused the materials available on
record.
5.The petitioners have filed Ex.P8, which is the driving licence issued to
the deceased Abiraham. This would show that the deceased was having the
necessary licence to drive a vehicle. Considering the fact that the accident is of
the year 2015, the notional income can be fixed at a sum of Rs.10,000/-. The
deceased is set to be 32 years old, hence, the petitioners are entitled to future
prospects at 40%. Therefore, the notional income would be a sum of
Rs.14,000/- and the annual income would be a sum of Rs.1,68,000/-. Out of
this, 1/4th has to be deducted towards personal expenses, which is Rs.42,000/-.
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C.M.A.No.1963 of 2019
Therefore, the annual contribution to the family would be a sum of
Rs.1,26,000/- and the appropriate multiplier to be adopted is 16. Therefore, a
sum of Rs.20,16,000/- is available to the family under the head of loss of
income, which is worked out as follows :-
Loss of Income Amount in
Rs.
Notional income (Per month) 10,000
Add: Future Prospects (Rs.10,000 x 40%) (Per month) 4,000
14,000
Notional income (Per annum) (Rs.14,000 x 12) 1,68,000
Less: Personal expenses (1/4th) (Rs.1,68,000/- x 1/4th) 42,000
1,26,000
Loss of income (Rs.1,26,000 x 16) 20,16,000
Total 20,16,000
6.A sum of Rs.30,000/- has been granted under the head of "loss of
consortium", which is enhanced to a sum of Rs.40,000/-.The three minor
appellants and the aged parents of the deceased 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.2,00,000/-. A sum of
Rs.25,000/- has been granted under the head of 'transport and funeral expenses',
which is reduced to a sum of Rs.15,000/-. Further, a sum of Rs.15,000/- has to
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C.M.A.No.1963 of 2019
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 10,08,000 20,16,000
(Enhanced)
Loss of love and affection (Rs.40,000 x 5) 1,00,000 2,00,000
(Enhanced)
Loss of Consortium 30,000 40,000
(Enhanced)
Transport and funeral expenses 25,000 15,000
(Reduced)
Loss of Estate 0 15,000
Total 11,63,000 22,86,000
7. The appeal is allowed and the impugned Award of the Tribunal is
modified, enhancing the compensation amount from Rs.11,63,000/- to
Rs.22,86,000/-. The respondent/Insurance Company is directed to deposit the
said amount to the credit of M.C.O.P.No.60 of 2016 along with interest at 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.
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C.M.A.No.1963 of 2019
On such deposit being made, the appellants 1, 5 and 6 are permitted to
withdraw the award amount falling to their 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.
17.08.2022
Index : Yes/No
Speaking order/non-speaking order
sp
To
1.The Motor Accidents Claims Tribunal, I Additional District Judge, Cuddalore.
2.The Section Officer, V.R.Section, High Court, Madras.
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C.M.A.No.1963 of 2019
P.T.ASHA, J.,
sp
C.M.A.No.1963 of 2019
17.08.2022
https://www.mhc.tn.gov.in/judis
