Madras High Court
Kalifullasahibu vs Chellamuthu on 4 January, 2022
CMA(MD)No.118 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.118 of 2019
1.Kalifullasahibu
2.Ralina Begam
... Appellants
vs.
1.Chellamuthu
2.Udayapandi
3.Reliance General Insurance Company Limited,
Rep. by its Manager,
Door No.408, 3rd Floor,
Perundurai Road,
Erode Town, Erode District.
... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgement and decree dated
24.09.2013 in MCOP.No.15/2011 on the file of the Motor Accident
Claims Tribunal, Sub Judge, Devakottai.
For Appellants : Mr.T.Selvakumaran
For Respondents : Mr.A.Murali Kumar for R1
Mr.V.Sakthivel for R3
No appearance for R2
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CMA(MD)No.118 of 2019
JUDGMENT
The appellants have filed this appeal against the Judgement and
decree dated 24.09.2013 in MCOP.No.15/2011 on the file of the Motor
Accident Claims Tribunal, Sub Judge, Devakottai.
2. On 29.11.2009, at about 07.00 am, the deceased, namely, Raja
Najimudeen was travelling as a pillion rider in a Bajaj Platina motorcycle
bearing Registration No.TN 63 S 7794, ridden by one Seiyadhu. They
were proceeding from Devakottai to M.R.Pattinam. At that time, the first
respondent drove a TVS XL two wheeler bearing Registration No.TN 42
A 6489 in a rash and negligent manner and dashed against the motorcycle
in which the deceased was travelling, as a result of which, the deceased
sustained grievous injuries and died on the way to Hospital.
3. The appellants are the parents of the deceased. They filed
MCOP.No.15 of 2011 before the Motor Accident Claims Tribunal, Sub
Judge, Devakottai claiming compensation for the demise of Raja
Najimudeen.
4. The Tribunal after perusing the materials on record, awarded a
sum of Rs.5,44,000/- together with interest at the rate of 6% per annum
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CMA(MD)No.118 of 2019
to the appellants/claimants as compensation. Seeking enhancement of
the awarded compensation, the appellants/claimants have filed this
appeal.
5. The learned counsel appearing for the appellants submitted that
the monthly income of the deceased fixed by the Tribunal at Rs.4,000/- is
very low. The Tribunal failed to add future prospects to the income of
the deceased. Further, while calculating loss of income, the Tribunal
fixed the multiplier based on the age of the mother of the deceased. The
multiplier ought to be fixed based on the age of the deceased. The
compensation awarded by the Tribunal under other heads are low.
Hence, he seeks enhancement of compensation awarded by the Tribunal.
6. The learned counsel appearing for the third respondent
submitted that the deceased was a bachelor on the date of accident.
Hence, 1/3rd deducted by the Tribunal towards personal expenses is
wrong and 1/2nd ought to be deducted towards personal expenses.
7. The appellants / claimants have stated that the deceased was
working as a driver, earning a sum of Rs.6,000/- per month. Since there
is no income proof, the Tribunal fixed the notional monthly income as
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CMA(MD)No.118 of 2019
Rs.4,000/-. However, since the accident took place in the year 2009, this
Court is of the opinion that fixing the notional monthly income as Rs.
6,000/- would be just and proper. The Tribunal has not added any
amount towards future prospects. The deceased was aged 25 years on the
date of the accident. As per the decision of the Hon'ble Supreme Court in
National Insurance Co. vs Pranay sethi and others reported in 2017 (2)
TNMAC 601, 40% should be added towards the future prospects of the
deceased. Therefore, Rs.6,000/- + Rs.2,400/- (40% of Rs.6,000/-) = Rs.
8,400/-. The deceased was a bachelor on the date of accident and hence,
1/3rd of the income deducted by the Tribunal towards personal expenses
is set aside and 1/2nd of the income is deducted towards the personal
expenses of the deceased. Hence, it would amount to Rs.8,400/- x 1/2
deduction = Rs.4,200/-. The Tribunal considering the age of the second
appellant, who is the mother of the deceased, fixed the multiplier as 15,
which is improper. As per the decision of the High Court of Delhi at
New Delhi in the case in Mohd. Hasnain and others vs. Jagram Meena
and others reported in 2015 ACJ 1406, multiplier should be adopted only
on the basis of the age of the deceased. As mentioned above, the
deceased was aged 25 years on the date of the accident. Hence, the
proper multiplier to be adopted in the instant case is 18 as per the
decision rendered in Sarlavarma and others vs. Delhi Transport
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CMA(MD)No.118 of 2019
Corporation and another reported in (2009) 6 SCC 121. Thus, the loss
of income would come to Rs.4,200/- x 12 x 18 = Rs.9,07,200/-.
8. The Tribunal has awarded a sum of Rs.4,000/- towards
transportation and Rs.10,000/- towards funeral expenses. Since Rs.
10,000/- is awarded towards funeral expenses, the compensation awarded
towards transportation is hereby set aside. Rs.10,000/- awarded towards
funeral expenses is hereby confirmed. The Tribunal has awarded Rs.
30,000/- towards pain and sufferings and loss of love and affection and
Rs.20,000/- towards loss of mental peace. This is a fatal case and so,
compensation under the head pain and sufferings cannot be granted.
Further, compensation under the head loss of love and affection ought to
be granted separately for the father and mother. Since compensation
towards loss of love and affection is granted, loss of mental peace is
unnecessary. Hence, Rs.30,000/- awarded towards pain and sufferings
and loss of love and affection and Rs.20,000/- awarded towards loss of
mental peace are hereby set aside and the appellants / claimants are
awarded Rs.40,000/- each under the head loss of love and affection. The
award passed by this Court under various heads is extracted hereunder:
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CMA(MD)No.118 of 2019
S.No. Head Amount granted
by this court
1 Loss of Income Rs.9,07,200/-
2 Loss of love and affection to both Rs.80,000/-
appellants
3 Funeral Expenses Rs.10,000/-
Total Rs.9,97,200/-
9. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.5,44,000/- to Rs.9,97,200/- with interest at the rate of 6% per annum.
(iii) The appellants / claimants are directed to pay court fee for the
enhanced compensation amount, if any.
(iv) The third respondent is directed to deposit the enhanced
compensation amount i.e., Rs.9,97,200/- (less the amount already
deposited, if any) together with interest at the rate of 6% per annum from
the date of claim petition till the date of deposit to the credit of
MCOP.No.15/2011 on the file of the Motor Accident Claims Tribunal,
Sub Judge, Devakottai within a period of six weeks from the date of
receipt of a copy of this order.
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CMA(MD)No.118 of 2019
(v) On such deposit, the appellants are at liberty to withdraw the
same after following due process of law. The apportionment granted by
the Tribunal shall be kept intact.
04.01.2022
Index : Yes/No
Internet : Yes/No
mbi
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
The Motor Accident Claims Tribunal,
Sub Court, Devakottai
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CMA(MD)No.118 of 2019
S.ANANTHI, J.
mbi
CMA(MD)No.118 of 2019
04.01.2022
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