Madras High Court

Usha vs M/S. Tuticorin Sarvodaya Sangh on 15 June, 2022

                                                                        C.M.A.No.2905 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:15.06.2022

                                                    CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI
                                                   and
                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR


                                             C.M.A.No.2905 of 2021


                  1. Usha

                  2. Prakash                                           ... Appellants

                                                      Vs.

                  1. M/s. Tuticorin Sarvodaya Sangh,
                      K.V.K. Nagar,
                      Tuticorin District-628 002.
                     (R1 remained exparte before the Tribunal,
                      hence, notice to R1 has been dispensed with)

                  2. United India Insurance Company Limited
                     D.No.457, V.E.Road,
                     Tuticorin-628 002                                ... Respondents


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                  Vehicles Act, 1988, against the judgment and decree dated 11.04.2018 made

                  in M.C.O.P.No.473 of 2014 on the file of Motor Accident Claims

                  1/8


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                                                                              C.M.A.No.2905 of 2021

                  Tribunal,Principal District Court, Namakkal.

                                            For Appellant   : Mr. M. Lokesh,
                                                              for Mr. C.Ramaraj

                                            For R2           : Mr.M.J.Vijayaraaghavan

                                                      JUDGMENT

(Judgment of the Court was delivered by V.M.VELUMANI,J.)

The Civil Miscellaneous Appeal is filed for enhancement of

compensation granted by the Tribunal in the award dated 11.04.2018 made in

M.C.O.P.No.473 of 2014 on the file of Motor Accident Claims Tribunal,

Principal District Court, Namakkal.

2. The appellants are claimants in M.C.O.P.No.473 of 2014 on the file

of Motor Accident Claims Tribunal, Principal District Court, Namakkal. They

filed the said claim petition claiming a sum of Rs.15,00,000/- as compensation

for the death of their brother Devaraj, who died in the accident that took place

on 29.11.2013.

3.The Tribunal considering the pleadings, oral and documentary

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evidence, held that the accident occurred due to rash and negligent driving by

the driver of Tempo Traveler belonging to the 1st respondent and directed the

2nd respondent/Insurance Company being insurer of the said Tempo Traveler

to pay a sum of Rs.8,86,800/- as compensation to the appellants.

4.Not being satisfied with the amounts awarded by the Tribunal, the

appellants have come out with the present appeal seeking enhancement of

compensation.

5.The learned counsel appearing for the appellants submitted that the

deceased was aged 29 years at the time of accident, he was working in a

Textile Company in a packing section and was earning a sum of Rs.10,000/-

per month. The Tribunal without considering the age and the nature of work

done by the deceased, fixed only a meagre sum of Rs.6,000/- per month as

notional income of the deceased. The accident is of the year 2013, the

Tribunal ought to have fixed a sum of Rs.10,000/- as monthly income as

claimed by the appellants. The Tribunal has not awarded any amount towards

loss of love and affection. The amounts awarded by the Tribunal under

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different heads are meagre and prayed for enhancement of compensation.

6. Per contra, the learned counsel appearing for the 2nd

respondent/Insurance Company contended that the appellants have not filed

any document with regard to avocation and income of the deceased. In the

absence of any material with regard to avocation and income of the deceased,

the Tribunal rightly fixed a sum of Rs.6,000/- per month as notional income of

the deceased, which is excessive. The Tribunal, after considering all the

materials on record, has awarded compensation, which is not meagre. The

appellants have not made out any case for enhancement of compensation and

prayed for dismissal of the appeal.

7.The 1st respondent remained exparte before the Tribunal and hence,

notice to the 1st respondent is dispensed with.

8.Heard the learned counsel appearing for the appellants as well as the

learned counsel appearing for the 2nd respondent/Insurance Company and

perused the entire materials available on record.

9.It is the contention of the appellants that the deceased was working in

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a packing section in a Textile Company at Karur at the time of accident and

was earning a sum of Rs.10,000/- per month. The appellants did not file any

documents to prove the avocation and income of the deceased. The Tribunal,

in the absence of any evidence with regard to avocation and income of the

deceased, fixed a sum of Rs.6,000/- per month as notional income of the

deceased. The accident is of the year 2013 and the notional income fixed by

the Tribunal is meagre. Considering the age and nature of work done by the

deceased, a sum of Rs.8,000/- per month is fixed as notional income of the

deceased. As per Ex.P2/Post-mortem certificate, the deceased was aged 29

years at the time of accident. The Tribunal, following the judgments of the

Hon'ble Apex Court reported in 2017 (2) TN MAC 609 (SC) [National

Insurance Co. Ltd., Vs. Pranay Sethi and others] and 2009 (2) TNMAC 1

SC (Sarla Verma and others vs. Delhi Transport Corporation and

another), has rightly granted 40% enhancement towards future prospects and

applied multiplier '17'. The deceased died as bachelor and the Tribunal has

rightly deducted 50% towards personal expenses of the deceased. Thus, by

fixing Rs.8,000/- as monthly income of the deceased, the compensation

awarded by the Tribunal towards loss of dependency is modified to

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Rs.11,42,400/- (Rs.8,000/- + 3200 [Rs.8,000/- X 40%] X 12 X 17 X 1/2).

The Tribunal has not awarded any amount towards loss of love and affection

to the appellants and hence, a sum of Rs.40,000/- is awarded towards loss of

love and affection. The amounts awarded by the Tribunal under all other

heads are just and reasonable and hence, the same are hereby confirmed.

Thus, the compensation awarded by the Tribunal is modified as follows:

                    S.No          Description     Amount          Amount awarded       Award
                                                 awarded by        by this Court    confirmed or
                                                  Tribunal             (Rs)         enhanced or
                                                    (Rs)                             granted or
                                                                                      reduced
                   1.         Loss of                 8,56,800         11,42,400 Enhanced
                              dependency
                   2.         Loss of estate            15,000            15,000 Confirmed

                   3.         Funeral                   15,000            15,000 Confirmed
                              expenses
                   4.         Loss of love                    -           40,000 Granted
                              and affection
                              Total                  8,86,800          12,12,400 Enhanced by
                                                                                 Rs.3,25,600/-

10. In the result, this Civil Miscellaneous Appeal is partly allowed and

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the compensation awarded by the Tribunal at Rs.8,86,800/- is hereby

enhanced to Rs.12,12,400/- (Rupees Twelve Lakhs Twelve Thousand and

Four Hundred only) together with interest at the rate of 7.5% per annum from

the date of petition till the date of deposit. The 2nd respondent/Insurance

Company is directed to deposit the award amount now determined by this

Court along with interest and costs, less the amount already deposited, if any,

within a period of six weeks from the date of receipt of a copy of this

judgment. On such deposit, the appellants are permitted to withdraw their

share of the award amount on the basis of apportionment fixed by the

Tribunal, after adjusting the amount, if any already withdrawn. The