Madras High Court
Risiq Maha Arvind vs Paulsamy on 31 January, 2022
CMA(MD)No.1404 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.1404 of 2013
1.Risiq Maha Arvind
2.Sri Ram
3.Shanthi (dead)
... Appellants
(Name of the 1st appellant is amended vide Court order dated 03.01.2022
in CMP(MD)No.11027/2021 in CMA(MD)No.1404/2013)
(Minor appellants 1 and 2 are declared as major and guardianship of their
grand mother and next friend (3rd appellant) is discharged vide Court
order dated 31.01.2022 in CMP(MD)No.335/2022 in CMA(MD)No.
1404/2013)
vs.
1.Paulsamy
2.The Oriental Insurance Company Limited,
Through its Branch Manager,
S.K.G. Samy Complex,
First Floor, No.28, North Car Street,
Tenkasi.
... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to enhance the award amount in MCOP.No.
1384 of 2011 on the file of the Motor Accidents Claims Tribunal, III
Additional District and Sessions Court, Tirunelveli dated 12.10.2012.
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CMA(MD)No.1404 of 2013
For Appellants : Mr.T.Selvakumaran
For Respondents : Mr.C.Jawahar Ravindran for R2
No appearance for R1
JUDGMENT
The appellants / claimants filed this appeal to enhance the award
passed in MCOP.No.1384/2011 on the file of the Motor Accidents
Claims Tribunal, III Additional District and Sessions Court, Tirunelveli
dated 12.10.2012.
2. On 24.08.2011, the deceased Esakkiappan @ Iyyappan was
travelling in a motorcycle bearing Registration No.TN 72 AB 8640 from
his house to his shop at KTC Nagar along Tirunelveli - Tuticorin four
way road, on the southern side of the service road. At about 09.00 am, a
Varna Car bearing Registration No.TN 72 AE 0128 came in a rash and
negligent manner and hit the motorcycle, as a result of which, the
deceased sustained grievous injuries and died in the Hospital.
3. The first and second appellants are the sons of the deceased and
the third appellant is the mother of the deceased. They filed MCOP.No.
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CMA(MD)No.1404 of 2013
1384/2011 before the Motor Accidents Claims Tribunal, III Additional
District and Sessions Court, Tirunelveli claiming compensation for the
demise of Esakkiappan @ Iyyappan.
4. The Tribunal after analysing the oral and documentary
evidences on record, awarded a sum of Rs.12,25,000/- together with
interest at the rate of 8% per annum to the appellants / claimants as
compensation and directed the respondents to pay the same. Seeking
enhancement of the awarded compensation, the appellants / claimants
have filed this appeal.
5. It is reported that the third appellant died on 16.12.2017. The
learned counsel appearing for the appellants / claimants has also filed a
memo to that effect. The memo is hereby recorded.
6. The learned counsel appearing for the appellants / claimants
submitted that the Tribunal failed to add future prospects to the monthly
income of the deceased. Further, a very meagre sum of Rs.5,000/- each
was granted to the appellants / claimants towards loss of love and
affection. No amount was granted towards loss of estate. The
compensation awarded towards funeral expenses at Rs.10,000/- is also
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CMA(MD)No.1404 of 2013
meagre. Hence, he seeks enhancement of compensation awarded by the
Tribunal.
7. The learned counsel appearing for the second respondent
submitted that the Tribunal after analysing the evidences and documents
on record awarded a just compensation and the same need not be
enhanced.
8. As per the appellants / claimants, the deceased was doing Drugs
wholesale business. In order to prove the same, they have filed the
income tax returns of the deceased. The Tribunal after considering those
documents, fixed the monthly income as Rs.10,000/-, which is
reasonable. The Tribunal also fairly deducted 1/3rd towards the personal
expenses of the deceased. The Tribunal had also properly adopted
multiplier of 15. However, the Tribunal failed to add future prospects to
the income of the deceased. Since the deceased was aged 41 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, 25% should be added towards the future prospects of the
deceased. The Tribunal had awarded a sum of Rs.12,00,000/- towards
loss of income. Therefore, adding 25% to the loss of income, it would
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CMA(MD)No.1404 of 2013
come to Rs.12,00,000/- + Rs.3,00,000/- (25% of Rs.12,00,000/-) = Rs.
15,00,000/-. Rs.5,000/- each awarded by the Tribunal to the appellants /
claimants towards loss of love and affection appears to be meagre.
Since the third appellant had already passed away, Rs.40,000/- each is
awarded to the appellants 1 and 2 alone towards loss of love and
affection. The sum of Rs.10,000/- granted towards funeral expenses is
hereby enhanced to Rs.15,000/- The Tribunal has not awarded any
amount under the head loss of estate and hence, Rs.15,000/- is awarded
towards loss of estate. 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.15,00,000/-
2 Loss of love and affection to Rs.80,000/-
appellants 1 and 2
3 Funeral Expenses Rs.15,000/-
4 Loss of estate Rs.15,000/-
Total Rs.16,10,000/-
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CMA(MD)No.1404 of 2013
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.12,25,000/- to Rs.16,10,000/- with interest at the rate of 8% 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.16,10,000/- (less the amount already
deposited, if any) together with interest at the rate of 8% per annum from
the date of claim petition till the date of deposit to the credit of
MCOP.No.1384/2011 on the file of the Motor Accidents Claims Tribunal,
III Additional District and Sessions Court, Tirunelveli 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 1 and 2 are at
liberty to withdraw the same in the ratio 50:50 after following due
process of law.
31.01.2022
Index : Yes/No
Internet : Yes/No
mbi
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CMA(MD)No.1404 of 2013
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 Accidents Claims Tribunal,
III Additional District and Sessions Court, Tirunelveli.
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CMA(MD)No.1404 of 2013
S.ANANTHI, J.
mbi
CMA(MD)No.1404 of 2013
31.01.2022
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