Madras High Court
Rajeswari vs M.Rohini on 7 January, 2022
CMA No.2749 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Civil Miscellaneous Appeal No.2749 of 2021
1. Rajeswari
2. R.Suruthi
3. Minor R.Kanmani
4. Sulochana
5. Subramanian ... Appellants
(Minor 3rd petitioner represented by next friend and
natural Guardian her mother, the 1st petitioner)
Vs.
1. M.Rohini
2. National Insurance Company Ltd.,
No.66, Murugesa Naicker Complex,
Greams Road, Chennai 600 006. ... Respondents
Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles
Act, 1988, to enhance the amount awarded in MCOP No.180 of 2019 dated
1/7
https://www.mhc.tn.gov.in/judis
CMA No.2749 of 2021
19.11.2020 on the file of Motor Accident claims Tribunal, (Chief, Small
Causes Court) Chennai.
For Appellants : Mr. K.Varadhakamaraj
For Respondents : Mrs. R.Sreevidya for R2
No appearance for R1
JUDGMENT
The wife, children and parents of one S.Rajendran, who died in a
motor accident that occurred on 10.12.2018, are on Appeal terming the
compensation of Rs.30,35,000/- awarded by the Tribunal as meagre.
2. The fact that Rajendran, died in the motor accident and that the
accident occurred due to the negligence of the driver of the Car bearing
Registration No.TN-07-BQ-1098 is beyond dispute as the Insurance
Company has accepted the award.
3. On the quantum, Mr.Varadhakamaraj, learned counsel
appearing for the appellants would vehemently contend that the appellants
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CMA No.2749 of 2021
had filed the Income Tax Return of the deceased which was filed on
23.07.2018, prior to the accident which shows that he had a returned annual
income of Rs.3,00,576/- for the relevant period. Therefore, according to the
learned counsel, the Tribunal should have adopted the said income as the
annual income and the Tribunal was not correct in reducing the same to
Rs.20,000/- per month. He would also point out that the amount awarded
towards loss of love and affection and loss of consortium are on the lower
side.
4. Mrs.R.Sreevidya, learned counsel appearing for the second
respondent/ Insurance Company would submit that in the absence of any
other supporting evidence, the Tribunal was justified in rejecting the Income
Tax Return alone. The learned counsel for the Insurance Company would
fairly concede that the amounts awarded for loss of love and affection and
loss of consortium are actually on the lower side.
5. Though Ex.P8 would show that the income returned for the
financial year 2017-2018 is Rs.3,00,576/-, there is no other supporting
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CMA No.2749 of 2021
document. The returns for the previous years have not been produced.
Therefore, I am unable to fault the Tribunal for having adopted a notional
income of Rs.20,000/- per month. The Tribunal has also adopted 25% for
future prospects and after deducting 1/4th for personal expenses and
applying a multiplier of 13, the total loss of dependency has been arrived at
Rs.29,25,000/-. I do not see any reason to modify or enhance the said
amount.
6. However, the award of the Tribunal under the heads of love
and affection and consortium are too low, as already pointed out there are
five dependants namely, the wife, two children and the parents surviving the
deceased. The parents and the children would be entitled to loss of love and
affection, the Tribunal has calculated it at Rs.15,000/- per head and awarded
Rs.75,000/- for all the five of them. The award for loss of love and
affection is enhanced to Rs.40,000/- per head and the same is awarded to the
children and the parents. Therefore, the total award under the head of loss
of love and affection would be Rs.1,60,000/- instead of Rs.75,000/-. The
award towards loss of consortium is also less, the wife is entitled to an
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CMA No.2749 of 2021
award of Rs.40,000/- for loss of consortium.
7. In light of the above, the award of the Tribunal is modified and
the compensation is granted as follows:
S.No. Heads Amount (Rs.)
1. Towards Loss of Dependency 29,25,000/-
2. Funeral Expenses 15,000/-
3. Loss of Love and Affection 1,60,000/-
(Rs.40,000/- each x 4)
4 Loss of Consortium 40,000/-
5 Loss of Estate 15,000/-
Total 31,55,000/-
8. In view of the above, the Appeal is partly allowed. The
Insurance Company is directed to deposit the enhanced compensation of
Rs.1,20,000/- as per the modified award, with appropriate interest as
granted by the Tribunal within a period of four (4) weeks from the date of
receipt of a copy of the judgment. The entire enhanced compensation is
directed to be paid to the first appellant namely the wife of the deceased. On
such deposit, the first claimant is permitted to withdraw the entire enhanced
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CMA No.2749 of 2021
compensation. In other respects the award of the Tribunal is confirmed
There shall be no order as to costs.
jv 07.01.2022
Index: Yes/No
Internet: Yes
speaking order/Non speaking order
To
1. The Chief Judge,
Motor Vehicle Accident Claims Tribunal,
Small Causes Court, Chennai.
2. The Section Officer,
V.R.Section,
High Court of Madras.
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CMA No.2749 of 2021
R.SUBRAMANIAN, J.
jv
Civil Miscellaneous Appeal No.2749 of 2021
07.01.2022
https://www.mhc.tn.gov.in/judis
