Madras High Court
Chandrasekar vs C.Pusshparaj on 3 February, 2022
C.M.A.(MD)No.67 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.67 of 2020
1.Chandrasekar
2.Sathya ...Appellants/Petitioners
Vs.
1.C.Pusshparaj
2.The New India Assurance Co.Ltd.,
Represented through its
Divisional Manager,
Having its Office at No.75E/3,
2nd Floor, Thillai Nagar,
Salai Road,
Trichy – 620 018. ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to modify the award passed against the judgment and
decree, dated 21.11.2019 in MCOP.No.63 of 2017 on the file of the Motor
Accidents Claims Tribunal/Additional District Judge, Virudhunagar.
For Appellants :Mr.P.Arun Jayatram
For R1 :No Appearance
For R2 :Mr.B.Rajesh Saravanan
1/8
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C.M.A.(MD)No.67 of 2020
JUDGMENT
The appellants filed this appeal to modify the award passed against the
judgment and decree, dated 21.11.2019 in MCOP.No.63 of 2017 on the file
of the Motor Accidents Claims Tribunal/Additional District Judge,
Virudhunagar.
2.It is a case of fatal accident. On 30.10.2016 at about 3.00 p.m., the
first petitioner was riding the two wheeler bearing Registration No.TN-58-
V-7776 along with his son Sundaramahalingam and his cousin's daughter
Saranya, from north to south on Madurai – Tuticorin main road in a normal
speed observing the traffic rules. At the same time, one Vijayalakshmi was
travelling as a pillion rider in an another two wheeler bearing Registration
No.TN-67-AC-0932, which was ridden by her mother on the back side of the
abovesaid two wheeler bearing Registration No.TN-58-V-7776 on the same
direction in the same road in a normal speed observing the traffic rules.
While so, the abovesaid both two wheelers were nearing Kalkurichi junction,
a car bearing Registration No.TN-48-L-7093 belonging to the first
respondent, was driven by its driver, which was proceeding behind the
abovesaid both two wheelers, came in a rash and negligent manner without
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C.M.A.(MD)No.67 of 2020
observing the traffic rules and dashed against the two wheeler bearing
Registration No.TN-58-V-7776. Due to heavy dashing, the said
Chandrasekar and his son Sundaramaalingam were fell down from the two
wheeler and the deceased Sundaramahalingam succumbed to injuries.
3.The claimants have filed MCOP.No.63 of 2017 before the Motor
Accidents Claims Tribunal, Additional District Judge, Virudhunagar,
claiming compensation of Rs.10,00,000/- for the death of the deceased.
4.Before the Tribunal, on the side of the claimants, three witnesses
were examined as P.W.1 to P.W.3 and twenty three documents were marked
as Exs.P.1 to P.23. On the side of the second respondent, one witness was
examined as R.W.1 and one document was marked as Ex.R1.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondents and also on appreciating the evidences on record, held that the
accident occurred only due to the rash and negligent driving of the driver of
the first respondent and directed the second respondent to pay a sum of
Rs.3,15,000/- as compensation. Aggrieved over the order passed by the
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C.M.A.(MD)No.67 of 2020
Tribunal, the claimants have filed the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
6.Heard Mr.P.Arun Jayatram, learned counsel appearing for the
appellants and Mr.B.Rajesh Saravanan, learned counsel appearing for the
second respondent. No representation on behalf of the first respondent.
7.The learned counsel appearing for the appellants contended that
since the accident of the year 2016, the Tribunal ought to have fixed the
notional income of Rs.6,000/- per month as per the judgment reported in
2015(2) TNMAC 490 (DB) in the case of National Insurance Company Vs.
R.Vimala and others. He further contended that the Tribunal did not award
any amount towards loss of consortium. Hence, he seeks modification.
8.A perusal of records would show that at the time of accident, the
deceased child was aged about 9 years old and as per the decision of the
Hon'ble Division Bench of this Court reported in MANU/TN/2960/2015 in
the case of National Insurance Company Vs. R.Vimala and others, for 10
years old boy, notional income fixed at Rs.5,000/-. So in this case also the
notional income of the deceased was fixed at Rs.5,000/- and 50% of income
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C.M.A.(MD)No.67 of 2020
to be deducted for personal expenses. Hence, loss of income arrived at
Rs.4,50,000/- (Rs.2,500 x 12 x 15). For loss of consortium, transportation
and loss of estate, the Tribunal did not award any amount. Hence, this Court
awarded Rs.40,000/- each towards loss of consortium and Rs.10,000/-
towards Transportation and Rs.10,000/- towards loss of estate. All the other
heads awarded by the Tribunal are hereby confirmed.
9.Accordingly, the claimants are entitled for compensation as follows:
Sl. Compensation heads Details of amount
No.
1. Loss of income Rs. 4,50,000/-
2. Transportation Rs. 10,000/-
3. Loss of Consortium Rs. 80,000/-
(each Rs.40,000/- x 2)
4. Funeral Expenses Rs. 15,000/-
5. Loss of estate Rs. 10,000/-
Total Rs. 5,65,000/-
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
(ii)The compensation awarded by the Tribunal is enhanced from
Rs.3,15,000/- to Rs.5,65,000/ - with interest at the rate of 7.5% per annum.
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C.M.A.(MD)No.67 of 2020
(iii) The second respondent/New India Assurance Co.Ltd., is directed
to deposit the enhanced compensation amount i.e., Rs.5,65,000/- (Rupees
Five lakhs sixty five thousand only) less the amount already deposited, if
any, together with interest at the rate of 7.5% per annum from the date of
claim petition till the date of deposit to the credit of MCOP.No.63 of 2017 on
the file of the Motor Accident Claims Tribunal /Additional District Judge,
Virudhunagar District, within a period of six weeks from the date of receipt
of a copy of this order.
(iv) On such deposit being made, the claimants are permitted to
withdraw the same after following due process of law. The apportionment
granted by the Tribunal shall be kept intact. No Costs.
03.02.2022
Index :Yes/No
Internet:Yes/No
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C.M.A.(MD)No.67 of 2020
Note:In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
To
1.The Motor Accidents Claims Tribunal/
Additional District Judge,
Virudhunagar.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD)No.67 of 2020
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.67 of 2020
03.02.2022
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