Madras High Court
Machakanni vs C.Obulesu on 3 February, 2022
CMA No.1325 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Civil Miscellaneous Appeal No.1325 of 2020
Krishnan (Deceased)
1. Machakanni
2. Vennila
3. Dhanasekar ... Appellants
Vs.
1. C.Obulesu
2. United India Assurance Co., Ltd.,
No.64, Armenian street,
Chennai 600 001. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act,
1988, to set aside the fair and decreetal order passed in MCOP No.133 of
2006 dated 29.08.2012 passed by XVI Additional Small Causes Court,
Chennai (Motor Accident Claims Tribunal).
1/8
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CMA No.1325 of 2020
For Appellants : Ms.A.Subadra
For Respondents : Mr.D.Bhaskaran, for R2
JUDGMENT
The claimants, who are the children of the deceased Manonmani,
are on Appeal terming the compensation of Rs.1,00,000/-, awarded for the
death of the said Manonmani in a road accident, as meager.
2. It is not in dispute that Manonmani, who was aged about 55
years died in a road accident that occurred on 20.01.2005. The husband and
children lodged the Claim Petition seeking a sum of Rs.3,00,000/-. towards
damages though they assessed the pecuniary loss at RS.10,00,000/-.
3. The Insurance Company resisted the claim contending that the
accident did not occur due to the rash and negligent driving of the driver of
the Mini Lorry bearing Reg. No.TN-04-D-8679. The quantum of
compensation claimed was also termed as excessive.
4. The Tribunal concluded that the accident occurred due to the
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CMA No.1325 of 2020
rash and negligent driving of the driver of the Mini Lorry, which was
insured with the second respondent Insurance Company. On the quantum,
the Tribunal found that the claimants being major children were not
dependant on the mother and therefore, they are not entitled to
compensation under the head of loss of dependency and granted only a sum
of Rs.1,00,000/-, as consolidated compensation. The husband of the
deceased, who figured as the first claimant before the Tribunal also died
pending the proceeding. The children are now on Appeal.
5. I have heard Ms.A.Subadra, learned counsel appearing for the
appellants and Mr.D.Bhaskaran, learned counsel appearing for the second
respondent/Insurance Company.
6. Ms.A.Subadra, learned counsel appearing for the appellants
would vehemently contend that the Tribunal erred in granting only a sum of
Rs.1,00,000/- on the ground that the claimants are not dependant on the
mother. This view of the Tribunal, according to the learned counsel,
overlooks the value of the elders. It is the specific case of the claimants that
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CMA No.1325 of 2020
the deceased was earning a sum of Rs.6,000/- per month by vending
vegetables which was being contributed by her to her children.
7. Contending contra Mr.Bhaskaran learned counsel appearing for
the Insurance Company would submit that all of them are major children
and they cannot be said to be dependants on the mother.
8. I have considered the submissions of the learned counsel on
either side.
9. Loss of dependency is a concept, every person is dependent on
the elders in the family for something or the other. The mother occupies a
very important position in the family and she is looked upon for many
things. Even though she may not be contributing financially to the family
her contribution to the welfare of the family as such, cannot be valued in
terms of money. Therefore, I do not think the Tribunal was right in just
brushing aside the relationship and concluding that the claimants would not
be entitled to compensation because they were not dependant on the mother.
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CMA No.1325 of 2020
Absolute dependency is not the essential factor for award of compensation
under the Motor Vehicles Act.
10. I am therefore of the opinion that the Tribunal was not right in
discarding the dependency and granting only a sum of Rs.1,00,000/- as
compensation. It is claimed that she was earning about Rs.6,000/- per
month, the accident occurred in 2005, therefore, the monthly income can
safely be assumed at Rs.4,500/- after deducting 1/3 towards a personal
expenses, she would have contributed a sum of Rs.3,000/- to the family.
Adding 10% towards future prospects her monthly contribution would be
Rs.3,300/-. Adopting the multiplier of 9, the total loss of dependency would
be Rs.3,56,400/-. Since the claimants are three in number, a sum of
Rs.75,000/- will be reasonable amount that should be awarded towards loss
of love and affection. A sum of Rs.30,000/- is awarded towards Funeral
expenses and loss of estate at Rs.15,000/- each. Thus the total
compensation works out to Rs,4,61,400/- and it is rounded off to
Rs.4,60,000/- .
11. The claimants have restricted the claim to Rs.3,00,000/-, but
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CMA No.1325 of 2020
such a restriction cannot prevent the Court from granting the just
compensation. Therefore, the Appeal is allowed, the award of the Tribunal
with regard to quantum is modified and the same is enhanced to
Rs.4,60,000/- with interest at 7.5% per annum from the date of petition till
date of deposit. The claimants being the children of the deceased they would
be entitled to share the compensation equally.
12. The Insurance Company is directed to deposit the enhanced
award amount within a period of eight (8) weeks from the date of receipt of
a copy of the judgment. On such deposit, the claimants are permitted to
withdraw the enhanced compensation subject to payment of Court fee on the
enhanced sum of Rs.1,60,000/-. There shall be no order as to costs in this
appeal.
03.02.2022
Index: Yes/No
Internet: Yes/No
Speaking order/Non speaking order
jv
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CMA No.1325 of 2020
To
1. The XVI Additional Judge
Motor Accident Claims Tribunal,
Small Causes Court, Chennai.
2. The Section Officer,
V.R.Section,
High Court of Madras.
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CMA No.1325 of 2020
R.SUBRAMANIAN, J.
jv
Civil Miscellaneous Appeal No.1325 of 2020
03.02.2022
https://www.mhc.tn.gov.in/judis
