Madras High Court
Rukamani vs Manikandan on 31 January, 2022
CMA(MD)No.20 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.20 of 2022
1.Rukamani
2.Uma Maheswari
3.Gopinath ... Appellants
vs.
1.Manikandan
2.The Branch Manager,
United India Insurance Co. Ltd.,
7A, Melaveliveethi Railway Station Opposite,
Madurai ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and decree dated
26.09.2018 in MCOP.No.73/2017 on the file of the Motor Accidents
Claims Tribunal, Additional District Court, Paramakudi.
For Appellants :Mr.R.Murali
For Respondents : Mr.A.Shajahan for R2
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CMA(MD)No.20 of 2022
JUDGMENT
The appellants have filed this appeal to set aside the Judgment and
decree dated 26.09.2018 in MCOP.No.73/2017 on the file of the Motor
Accidents Claims Tribunal, Additional District Court, Paramakudi.
2. On 19.03.2017, the deceased Arjunan was riding a two wheeler
bearing Registration No.TN 65 Y 1555 along with Rukumani as pillion
rider on Rameshwaran National Highways, near Ponnaiya Mess. At
about 12.00 noon, a Tata Sumo car bearing Registration No.TN 05 S
9012 driven by its driver in a rash and negligent manner, hit the two
wheeler, as a result of which, the deceased sustained grievous injuries all
over his body and died in the Hospital. The first appellant is the wife of
the deceased. The second and third appellants are the children of the
deceased. They, filed MCOP.No.73/2017 before the Motor Accidents
Claims Tribunal, Additional District Court, Paramakudi claiming
compensation for the demise of Arjunan.
3. The Tribunal after perusing the materials on record, awarded a
sum of Rs.4,08,686/- together with interest at the rate of 7.5% per annum
to the appellants / claimants as compensation. Seeking enhancement of
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CMA(MD)No.20 of 2022
the awarded compensation, the appellants / claimants have filed this
appeal.
4. The learned counsel appearing for the appellants would submit
that the deceased was doing business, earning a sum of Rs.50,000/- per
month. In order to prove the same, the appellants / claimants have
adduced Joint Business Agreement Bond Ex.P8. However, the Tribunal
without considering the same, has fixed a very meagre sum of Rs.3,000/-
as monthly income. There are three persons depending on the income of
the deceased, hence, the Tribunal ought to have deducted 1/3rd of the
deceased's income towards the personal expenses of the deceased. The
compensation awarded by the Tribunal under other heads are also meagre
and they should be enhanced.
5. The learned counsel appearing for the second respondent/
Insurance Company submitted that the Tribunal after analysing the
evidences and documents on record, awarded a just compensation and
the same need not be enhanced.
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CMA(MD)No.20 of 2022
6. According to the appellants / claimants, the deceased was a
partner in Finance Institution, namely, M/s.Nandha Finance, earning a
sum of Rs.50,000/- per month. In order to substantiate the same, they
have filed Joint Business Agreement Bond Ex.P8 and Joint Business
Registration Notice Ex.P9. The Tribunal has rejected those documents
on the ground that no income tax document was filed by the appellants /
claimants. The Exs.P8 and P9 are both registered documents. Hence,
this Court is inclined to consider those documents and fix the monthly
income. A perusal of Exs.P8 & P9 shows that the deceased was a partner
to the Finance Institution and he had invested a sum of Rs.1,25,000/- in
the Institution. Ex.P8 reveals that the deceased was receiving a sum of
Rs.2,500/- per month as working partner and in addition to the same, the
deceased and his partner agreed to share the profit in the ratio of 50 : 50.
Hence, this Court is inclined to fix the monthly income of the deceased at
Rs.5,000/-. The Principal Seat of this Bench in the case of Tamil Nadu
State Transport Corporation Ltd. vs. V.Venkataragavan and others
reported in 2017 (2) TN MAC 224 (DB), deducted 50% of the income of
the deceased towards the personal expenses of the deceased, since the
deceased was aged 75 years and could have incurred some extra
nutritious and old age expenses. In the instant case also, the deceased
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CMA(MD)No.20 of 2022
was aged 68 years on the date of accident. Hence, 50% of his income is
deducted towards his personal expenses. It would amount to Rs.5,000/-
x 1/2 deduction = Rs.2,500/-. The multiplier 5 adopted by the Tribunal is
hereby confirmed. Therefore, the loss of dependency would come to Rs.
2,500/- x 12 x 5 = Rs.1,50,000/-. The Tribunal has awarded Rs.40,000/-
and Rs.45,000/- towards loss of consortium and loss of love and affection
to the claimants respectively. This Court is inclined to modify the above
and award Rs.40,000/- towards loss of consortium to the 1st appellant
and Rs.40,000/- each towards loss of love and affection to the appellants
2 and 3. All the other heads awarded by the Tribunal are just and
reasonable and they are hereby confirmed. The award passed by this
Court under various heads is extracted hereunder:
S.No. Head Amount granted
by this court
1 Loss of dependency Rs.1,50,000/-
2 Loss of consortium to the 1st Rs.40,000/-
appellant
3 Loss of love and affection to the Rs.80,000/-
appellants 1 and 2
4 Medical Expenses Rs.2,03,686/-
5 Loss of estate Rs.15,000/-
6 Funeral Expenses Rs.15,000/-
Total Rs.5,03,686/-
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CMA(MD)No.20 of 2022
7. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.4,08,686/- to Rs.5,03,686/- with interest at the rate of 7.5% per
annum.
(iii) The appellants / claimants are directed to pay court fee for the
enhanced compensation amount, if any.
(iv) The second respondent is directed to deposit the enhanced
compensation amount i.e., Rs.5,03,686/- (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.73/2017 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Paramakudi within a period of six weeks from
the date of receipt of a copy of this order.
(v) On such deposit being made, the appellants / claimants are at
liberty to withdraw the same after following due process of law in the
following apportionment. The 1st appellant is entitled for 50% of the
compensation awarded by this Court together with proportionate interest
and costs. The appellants 2 and 3 are each entitled for 25% of the
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CMA(MD)No.20 of 2022
compensation awarded by this Court together with proportionate interest
and costs.
31.01.2022
Index : Yes/No
Internet : Yes/No
mbi
To
The Motor Accidents Claims Tribunal,
Additional District Court, Paramakudi
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CMA(MD)No.20 of 2022
S.ANANTHI, J.
mbi
CMA(MD)No.20 of 2022
31.01.2022
https://www.mhc.tn.gov.in/judis
