Madras High Court
S.Shanthi vs G.Gopalakrishnan on 1 February, 2022
C.M.A.No.1142 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.02.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1142 of 2018
[video conferencing]
1.S.Shanthi
2.S.Mohan Subramaniam
3.Aditya Kiruthika (Minor)
[Minor 3rd appellant represented by her
natural guardian/mother, 1st appellant herein]
... Appellants /claimants
Vs.
1.G.Gopalakrishnan
2.The New India Assurance Co., Ltd.,
No.45, 2nd line Beach,
Moore Street, Chennai – 600 001.
Now at. Bombay Mutual building,
6th Floor, NSC Bose Road,
Chennai – 600 001. ... Respondents / Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Decree and Judgment dated
09.11.2017 made in M.C.O.P.No.5200 of 2011 on the file of the Motor
Accidents Claims Tribunal, II Small Causes Court, Chennai.
1/10
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C.M.A.No.1142 of 2018
For Appellants : Mr.A.Shanmugaraj
For R1 : Set Ex-parte before the Tribunal
For R2 : No appearance
*****
JUDGMENT
This Civil Miscellaneous Appeal is filed for enhancement of
compensation awarded by the Tribunal in the Award dated 09.11.2017 passed
in M.C.O.P.No.5200 of 2011, on the file of the Motor Accidents Claims
Tribunal, II Small Causes Court, Chennai.
2. Though notice has been served on the 2nd respondent/Insurance
Company and name is printed in the cause list, there is no representation
either in person or through counsel, even today. Hence, this Court is inclined
to pass this Judgment on the merits of the case.
3. The appellants are the claimants in M.C.O.P.No.5200 of 2011 on the
file of the Motor Accidents Claims Tribunal, II Small Causes Court, Chennai.
The appellants have filed the above said claim petition, claiming a sum of
Rs.10,00,000/- as compensation for the death of one Shankar @
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C.M.A.No.1142 of 2018
Shankareswaran, who died in the accident that took place on 27.07.2010.
4.According to the appellants, on 27.07.2010 at about 8.45 p.m., when
the deceased Shankar @ Shankareswaran was driving his two wheeler
bearing Registration No.TN 22 AV 0021 along with one Swaminathan as
pillion rider, proceeding on GST Road, from Guduvancherry to
Pazhavanthangal, and while nearing Meenambakkam over bridge, at that
time, the 1st respondent/driver of the van bearing Registration No.TN 57 C
2458 in a negligent manner parking the van in the dark place in over bridge
without indication and signal and endangering public safety and
consequently, the motor-cycle dashed against the back side of the van. As a
result of which, the rider of the two wheeler viz., Shankar was died and the
pillion rider viz., Swaminathan was sustained grievous injuries all over the
body. Hence, the case.
5. The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident had occurred due to the rash and negligent
driving of the driver of the van belonging to the 1st respondent herein and
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C.M.A.No.1142 of 2018
directed the 2nd respondent/Insurance Company to pay a sum of Rs.8,35,000/-
as compensation to the appellants.
6. Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present Civil Miscellaneous Appeal
seeking enhancement of compensation.
7. The learned counsel appearing for the claimants submitted that the
Tribunal has not considered the evidence of P.W.1, and Exs.P6 to P8 to prove
the income of the deceased and also failed to consider that the deceased was a
Real Estate Businessman and was earning a sum of Rs.3,00,000/- per annum,
and fixed a sum of Rs.6,000/- per month as his income, which is very meager.
The Tribunal ought to have fixed a sum of Rs.25,000/- per month as notional
income of the deceased. The Tribunal has not awarded any amount towards
“loss of love and affection”, loss of estate and transportation. The amounts
awarded by the Tribunal towards “loss of consortium” and “funeral
expenses”, are very meagre and thus, the appellants/claimants prayed for
enhancement of compensation.
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C.M.A.No.1142 of 2018
8.Heard the learned counsel appearing for the appellants/claimants and
perused the entire materials available on record.
9. From the materials available on record, it is seen that at the time of
accident, the deceased was doing Real Estate Business and he was aged about
49 years and was earning a sum of Rs.15,000/- per month. But the Tribunal
erroneously fixed the monthly income of the deceased at Rs.6,000/- per
month, which is meagre and hence, this Court fixes the monthly income of
the deceased at Rs.10,000/-. The Tribunal has calculated future prospects at
the rate of 25% which is just and reasonable and hence, the same needs no
interference by this Court. Considering the age of the deceased, the Tribunal
has rightly applied multiplier ‘14’. There are three dependants of the
deceased and hence, the Tribunal has rightly deducted 1/3th towards personal
expenses of the deceased. Therefore, the amount awarded by the Tribunal
towards loss of income is modified to Rs.13,00,000/- [Rs.12,500 (Rs.10,000/-
+ 2,500/- (25% of 10,000) X 12 X 13 X 2/3].
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C.M.A.No.1142 of 2018
10. Further, the Tribunal has not awarded any compensation towards
loss of love and affection and hence this Court is inlined to grant a sum of
Rs.40,000/- each under the head of “loss of love and affection.” The Tribunal
has not granted any compensation towards “loss of estate” and thus this Court
grants a sum of Rs.15,000/- towards “loss of estate”. The Tribunal has not
awarded any compensation towards “transportation” and hence, this Court is
inclined to grant a sum of Rs.15,000/- under the head “transportation”.
11. It is well settled that the Tribunal and the Courts have to award
“just compensation”. Though the claimants have claimed lesser
compensation, the Courts have power to grant “just compensation” more than
the amount claimed by the claimants. Thus, the compensation awarded by the
Tribunal is modified as follows:
Sl. Description Amount Amount Award
No. awarded by awarded by confirmed or
the Tribunal this Court enhanced or
(Rs.) (Rs.) granted
1 Loss of income Rs.7,80,500/- Rs.13,00,000/- Enhanced
2 Loss of consortium Rs.40,000/- Rs.40,000/- Confirmed
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C.M.A.No.1142 of 2018
Sl. Description Amount Amount Award
No. awarded by awarded by confirmed or
the Tribunal this Court enhanced or
(Rs.) (Rs.) granted
3 Loss of love & --- Rs.80,000/- Granted
affection
4 Funeral Expenses Rs.15,000/- Rs.15,000/- Confirmed
5 Loss of Estate --- Rs.15,000/- Granted
6 Transportation --- Rs.15,000/- Granted
Total Rs.8,35,000/- Rs.14,65,000/- Enhanced by
Rs.6,30,000/-
12.In the result, this Civil Miscellaneous Petition is allowed and the
compensation awarded by the Tribunal at Rs.8,35,000/- is hereby enhanced to
Rs.14,65,000/- [Rupees Fourteen Lakhs and Sixty Five Thousand only]
together with interest at the rate of 7.5% per annum from the date of filing of
claim petition till the date of deposit. The 2nd respondent/Insurance Company
is directed to deposit the award amount now determined by this Court along
with accrued interest and costs, less the amount already deposited, if any,
within a period of six weeks from the date of receipt of a copy of this
Judgment to the credit of M.C.O.P.No.1835 of 2011 on the file of the Motor
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C.M.A.No.1142 of 2018
Accidents Claims Tribunal, II Small Causes Court, Chennai. On such deposit,
the appellants 1 and 2/claimants are permitted to withdraw their respective
shares of the award now determined by this Court, as per the apportionment
fixed by the Tribunal, along with proportionate interest and costs, less the
amount if any, already withdrawn by making necessary applications before
the Tribunal. The share of the minor 3rd appellant is directed to be deposited
in any one of the Nationalised Bank till the minor 3 rd appellant attains
majority. On such deposit, the 1st appellant, being the mother of the minor 3rd
appellant, is permitted to withdraw the accrued interest once in three months
for the welfare of the minor 3rd appellant. The appellants are directed to pay
the necessary Court fee if any, for the enhanced amount of compensation. In
other aspects, the Award of the Tribunal shall stand confirmed. There shall be
no order as to costs in the present appeal.
01.02.2022
ssi
Index : Yes / No
Speaking Order: Yes/No
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C.M.A.No.1142 of 2018
To:
1.The Judge,
II Small Causes Court,
Motor Accidents Claims Tribunal,
Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1142 of 2018
S.KANNAMMAL,J.
ssi
C.M.A.No.1142 of 2018
01.02.2022
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