Madras High Court
The Divisional Manager vs Sivaraman on 8 February, 2022
C.M.A.No.3561 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.M.A.No.3561 of 2021
and C.M.P.No.20739 of 2021
The Divisional Manager,
National Insurance Company Limited,
Jawarhalal Nehru Street,
Puducherry. ...Petitioner
Vs
1.Sivaraman
2.Kousalya
3.Manikandan ...Respondents
PRAYER Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the Judgment and Decree passed in
M.A.C.T.O.P.No.370 of 2017 on the file of the Motor Accident Claims
Tribunal, 3rd Additional District, Kallakuruchi dated 20.03.2019.
For Petitioner : Ms.B.Sureka
For Respondents : Mr.K.Suriyanarayanan
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C.M.A.No.3561 of 2021
ORDER
The 2nd respondent Insurance Company has filed the above Civil
Miscellaneous Application challenging the award, dated 20.03.2019 in
MCOP.No.370 of 2017 by the the Motor Accident Claims Tribunal (3rd
Additional District Judge, Kallakuruchi), granting compensation of a
sum of Rs.9,75,000/- with interest at 7.5% to the petitioners who are the
parents of the deceased minor Kavipriya. The brief facts of the case are
as follows:-
2.On 09.11.2016, when minor Kavipriya aged about 2 years was
playing outside her house on the Mariyamman Koil Street, Melsiruvallur,
the 1st respondent's driver drove a Tractor bearing Registration No.TN-
25-AB-1059 in a rash and negligent manner and dashed against the child
as a result of which the child sustained injuries and succumbed to her
injuries. The claimants had sought compensation for a sum of
Rs.5,00,000/-.
3.The 2nd respondent Insurance company on entering appearance
have filed their counter in which they would contend that the driver did
not have a valid driving license and he was a minor at the time of the
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C.M.A.No.3561 of 2021
accident.
4.The learned Judge after perusing the records and the evidence,
arrived at a compensation of Rs.9,75,000/-. The learned Judge relied
upon the Judgment reported in [2016 ACJ 1873] in the case of “Suraj
Verma Vs. Delhi Development Authority and others” wherein the sum
of Rs.9,75,000/- was awarded as a compensation. This order has been
challenged by the 2nd respondent.
5.The learned Counsel appearing on behalf of the
respondent/Insurance Company would submit that the quantum awarded
is on the high side, as the victim was only a 2 year old child. He would
rely on the following Judgments to support his arguments that the
compensation now granted is on the higher side.
“1.The Hon'ble Supreme Court in Muncipal
Corporation of Delhi Vs Association of victims of
Uphar Tragedy for the accident took place on
13.06.1997, reported in 2012 ACJ 48 (SC), (Date of
Accident 13.06.1997),59 persons died and 103 injured,
Delhi High court award Rs.15,00,000/- to the
victims/deceased aged less than 20 years and
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C.M.A.No.3561 of 2021
Rs.18,00,000/- where the victims were aged more than
20 years. However the Hon'ble Apex Court reduced the
same to Rs.7,50,000/- to victims less than 20 years and
Rs.10,00,000/- to victims more than 20 years. Further
it was held that if the LR's of victims are not satisfied
with compensation as above, they are at liberty to seek
higher remedy.
2.The Hon'ble Apex Court, in Kishan Gopal Vs Lala
and others, Reported in 2013 (2) TNMAC 358 (SC)
for the accident took place in the year 1992, annual
income was fixed as Rs.30,000/- per annum and
applying multiplier of 15 and loss of dependency was
arrived at as Rs.4,50,000/- and total compensation
Rs.5,00,000/-.
3. The Hon'ble High Court in National Insurance
Company Vs K.Sugumar and others, Reported in
2017 (2) TNMAC 805, this Court for the death of 8
year boy studying 3rd Std., income fixed as Rs.60,000/-
per annum and applying multiplier of 13, loss of
dependency as arrived as Rs.7,80,000/- and total
compensation Rs.10,05,000/-.
4.The Hon'ble High Court, in Vedachalam and
another Vs MTC, in C.M.A.No.2643 of 2017, dated
08.09.2017, (Date of Accident 05.07.2011) for the
death of 14 year boy studying 9th std., income fixed as
Rs.5,000/- per month and applying multiplier of 15
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C.M.A.No.3561 of 2021
loss of dependency was calculated as Rs.9,00,000/-
and total compensation Rs.12,00,000/-”
5.He would also relay upon the judgments of the High
Court of Delhi reported in [2012 ACJ 2617] in the
case of “Chob Singh Vs. Government of NCT Delhi”
. The compensation was claimed for the death of a boy
aged 11 years. The High Court fixed the income as
Rs.6,537/- per month deducted 50% towards personal
expenses, Dependency as Rs.39,222/- per annum and
adopted multiplier of 15 arrived at a compensation of
Rs.7,91,546.38/-
6.The other Judgment reported in [2015 ACJ 324]
(Delhi) in the case of “Delhi Development Authority
Vs Bhagwan and others”. Here for the death of the 7
years old child the Court had fixed a sum of
Rs.12,78,509/- as compensation.
6.The learned Counsel would submit that taking into account of
the fact that the deceased was aged two years, the income of the deceased
including her future prospects could be taken at a sum of Rs.7,000/-
(Rs.5000+40%) per month. The annual income of the deceased works out
to the sum of Rs.84,000/- and by adopting multiplier of 15, the pecuniary
damages can be fixed at Rs.6,30,000/- and Rs.40,000/- to be awarded
towards filial consortium to each of the parents of the deceased. Further a
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C.M.A.No.3561 of 2021
sum of Rs.15,000/- towards Loss of Estate and another sum of
Rs.15,000/- towards funeral expenses would be a fair compensation.
Therefore the total compensation would be a sum of Rs.7,40,000/-. The
learned Counsel for the claimant was also in agreement with the above
calculation.
7.Heard the learned Counsels. The compensation calculated by the
Insurance company appears to be just and fair. The Tribunal has simply
adopted the Judgment reported in [2016 ACJ 1873] in the case of “Suraj
Verma Vs. Delhi Development Authority and others” to arrive at a
pecuniary damages of Rs.9,00,000/- without giving any reason. The
compensation is being claimed for the death of a child who aged about 2
years. Therefore, interest of the justice would be sub served, if this Civil
Miscellaneous Appeal is allowed and the award modified as follows:-
Rs.7,000/- shall be fixed as the income of the deceased which includes
her future prospects and the annual income is therefore fixed at a sum of
Rs.84,000/-. Applying multiplier of 15, the pecuniary damages would be
a sum of Rs.6,30,000/- and under the head of filial consortium a sum of
Rs.40,000/- should be awarded to each of the parents of the deceased and
a further sum of Rs.15,000/- under the head of Loss of Estate and another
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C.M.A.No.3561 of 2021
sum of Rs.15,000/- to Loss of funeral expenses is awarded. Thereby
bringing down the compensation to a sum of Rs.7,40,000/-. The said
amount is awarded together with an interest at 7.5% per annum from the
date of the claim petition till the date of the deposit. In all other
respects, the award of the Tribunal is confirmed. This Civil
Miscellaneous Application stands partly allowed. Consequently, the
connected miscellaneous petition is closed. No costs.
08.02.2022
Index : Yes/No
Internet : Yes/No
Speaking Order/Non Speaking Order
gd
To
The 3rd Additional District Judge,
The Motor Accident Claims Tribunal,
Kallakuruchi
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C.M.A.No.3561 of 2021
P.T.ASHA, J,
gd
C.M.A.No.3561 of 2021
08.02.2022
https://www.mhc.tn.gov.in/judis
