Madras High Court
Srirangam vs A.M.Saravanan on 16 June, 2022
C.M.A. Nos.1939 & 1940 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.Nos.1939 & 1940 of 2021
1.Srirangam
2.Kanniyappan
3.Minor Sowmiya
4.Minor Suganya
(Minors rep. By their mother Srirangam) .. Appellants in
C.M.A.No.1939/2021
1.Revathi
2.Minor Sharshan
3.Minor Praveen
4.Kaliammal
(Minors rep. By their mother Revathi) .. Appellants in
C.M.A.No.1940/2021
Vs.
1.A.M.Saravanan
(R1 remained exparte before the Tribunal.
Hence notice is dispensed with.)
_____
1/15
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
2.United India Insurance Co. Ltd.,
No.134, Greams Road,
IV Floor, Anna Salai,
Chennai 600 006. .. Respondents in
both appeals
Common Prayer: These Civil Miscellaneous Appeals are filed under Section
173 of Motor Vehicles Act, 1988, against the common judgment and decree
dated 26.02.2020, made in M.C.O.P. Nos.6499 & 6562 of 2018, on the file of
the Chief Judge, (Motor Accident Claims Tribunal) Small Causes Court,
Chennai.
(In both the appeals)
For Appellants : Mrs.A.Subadra
for Ms.M.Malar
For R2 : Mrs.R.Rathna Thara
COMMON JUDGMENT
[Judgment of the Court was delivered by V.M.VELUMANI,J.]
These appeals have been filed for enhancement of compensation
granted by the common award dated 26.02.2020, made in M.C.O.P. Nos.6499
& 6562 of 2018, on the file of the Chief Judge, (Motor Accident Claims
Tribunal) Small Causes Court, Chennai.
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
2.Both the appeals arise out of the same accident and common award
and hence, disposed of by this common judgment.
3.The appellants-claimants in both the appeals filed M.C.O.P. No.6499
& 6562 of 2018, on the file of the Chief Judge, (Motor Accident Claims
Tribunal) Small Causes Court, Chennai, claiming a sum of Rs.60,00,000/-
and Rs.80,00,000/- as compensation for the death of one Lavanya and
Moorthi respectively, who died in the accident that took place on 30.09.2018.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
driver of the Car owned by the 1st respondent and directed the 2nd respondent,
as insurer of the offending vehicle, to pay a sum of Rs.16,75,000/- and
Rs.26,75,400/- as compensation to the appellants 1 & 2 in C.M.A.No.1939 of
2021 and appellants 1 to 4 in C.M.A.No.1940 of 2021 respectively. The
Tribunal dismissed the claim petition in M.C.O.P.No.6499 of 2018 as against
the appellants 3 and 4.
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
5.Not being satisfied with the amounts awarded by the Tribunal in the
common award dated 26.02.2020, made in M.C.O.P. Nos.6499 & 6562 of
2018, the appellants in both the appeals have come out with the present
appeals.
6(i).The learned counsel appearing for the appellants in
C.M.A.No.1939 of 2021 contended that at the time of accident, the deceased
Lavanya was aged 19 years and was working as a Supervisor/Data Entry
Operator at Sri Sai Supply at Singaperumal Koil and was earning a sum of
Rs.20,000/- per month. The Tribunal, without considering the year of
accident is 2018, erroneously fixed only a meagre sum of Rs.10,000/- per
month as notional income of the deceased. The appellants were dependent on
the deceased Lavanya and the Tribunal ought not to have deducted 50%
towards her personal expenses. Adopting 100% of income as future
prospectus, the Tribunal ought to have awarded more amount as
compensation towards loss of dependency, funeral expenses and loss of love
and affection. The Tribunal failed to award any amount towards loss of estate,
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
loss of filial consortium, mental agony and damages. The Tribunal erred in
not awarding compensation towards appellants 3 and 4, siblings of the
deceased, who are also dependent on her. In any event, the total compensation
awarded by the Tribunal is meagre and prayed for enhancement of the
compensation.
6(ii).The learned counsel appearing for the appellants in
C.M.A.No.1940 of 2021 contended that at the time of accident, the deceased
Moorthy was aged 30 years and was working as a Mechanic for Motor
Vehicles and was earning a sum of Rs.35,000/- per month. The Tribunal,
without considering the year of accident is 2018, erroneously fixed only a
meagre sum of Rs.12,000/- per month as notional income of the deceased.
The appellants were dependent on the deceased Moorthy and the Tribunal
ought not to have deducted 1/4th towards his personal expenses. Adopting
100% of income as future prospectus, the Tribunal ought to have awarded
more amount as compensation towards loss of dependency, funeral expenses,
loss of consortium and loss of love and affection. The Tribunal failed to
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
award any amount towards loss of estate, loss of filial consortium, mental
agony and damages. In any event, the total compensation awarded by the
Tribunal is meagre and prayed for enhancement of the compensation.
7.Per contra, the learned counsel appearing for the 2nd respondent-
Insurance Company contended that the appellants in both the appeals did not
file any document to prove the avocation and income of the deceased
Lavanya and Moorthy. The Tribunal, in the absence of any documentary
evidence to prove the avocation and income of the deceased Lavanya and
Moorthy, fixed a sum of Rs.10,000/- and Rs.12,000/- per month as notional
income of the deceased respectively, which are not meagre. The
compensation awarded by the Tribunal under different heads are not meagre.
The appellants have not made out any case for enhancement of the
compensation and prayed for dismissal of both the appeals.
8.Heard learned counsel appearing for the appellants in both the
appeals as well as the 2nd respondent-Insurance Company and perused the
entire materials available on record.
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
C.M.A.No.1939 of 2021
9.From the materials on record, it is seen that it is the contention of the
appellants that at the time of accident, the deceased Lavanya was aged 19
years, working as a Supervisor/Data Entry Operator at Sri Sai Supply at
Singaperumal Koil and was earning a sum of Rs.20,000/- per month. The
appellants did not let in evidence or mark any document to prove the
avocation and income of the deceased Lavanya. In the absence of any oral
and documentary evidence to prove the avocation and income of the
deceased, the Tribunal fixed a sum of Rs.10,000/- per month as notional
income of the deceased. The same is meagre. The accident is of the year
2018. Considering the year of accident and nature of work done by the
deceased, a sum of Rs.13,000/- per month is fixed as notional income of the
deceased. The Tribunal erroneously granted 50% enhancement towards future
prospects, but rightly deducted 50% towards personal expenses of the
deceased and applying the multiplier '18', awarded compensation towards loss
of dependency. As per the judgment of the Hon'ble Apex Court reported in
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
2017 (2) TN MAC 609 (SC) [National Insurance Co. Ltd., Vs. Pranay Sethi
and others], the appellants are entitled to only 40% enhancement towards
future prospects. The deceased died as bachelor. Hence, fixing a sum of
Rs.13,000/- per month as notional income of the deceased, granting 40%
enhancement towards future prospects, deducting ½ towards personal
expenses and applying the multiplier '18', the amounts awarded by the
Tribunal towards loss of dependency is modified to Rs.19,65,600/-
{[Rs.13,000/- + Rs.5,200/- (40% of Rs.13,000/-)] x 12 x 18 x ½}. The
Tribunal has awarded only a sum of Rs.20,000/- each towards loss of love
and affection to the appellants 1 and 2, who are the parents of the deceased.
The same is meagre and hence, enhanced to Rs.40,000/- each. The Tribunal
has not awarded any amount towards loss of estate. The appellants 1 and 2
are entitled to a sum of Rs.15,000/- towards loss of estate. The sum of
Rs.15,000/- awarded by the Tribunal under the head, funeral expenses is just
and reasonable and hence, the same is hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
S. No Description Amount awarded Amount Award
by Tribunal awarded by this confirmed or
(Rs) Court (Rs) enhanced or
granted
1. Loss of dependency 16,20,000/- 19,65,600/- Enhanced
2. Loss of love and 40,000/- 80,000/- Enhanced
affection to appellants 1
and 2
3. Loss of estate - 15,000/- Granted
4. Funeral expenses 15,000/- 15,000/- Confirmed
Total 16,75,000/- 20,75,600/- Enhanced by
Rs.4,00,600/-
The Tribunal, considering the fact that the appellants 3 and 4 are minor
siblings of the deceased Lavanya, who are not the dependents of the
deceased, rightly dismissed the claim petition as against the appellants 3 and
4. Hence, the appeal is also dismissed as against the appellants 3 and 4.
C.M.A.No.1940 of 2021
10.From the materials on record, it is seen that it is the contention of
the appellants that at the time of accident, the deceased Moorthy was aged 30
years, working as a Mechanic and was earning a sum of Rs.35,000/- per
month. They have marked a copy of National Trade Certificate as Ex.P10.
The appellants have not examined any employer to prove that certificate. In
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
the absence of any oral and documentary evidence to prove the avocation and
income of the deceased, the Tribunal fixed a sum of Rs.12,000/- per month as
notional income of the deceased. The same is meagre. The accident is of the
year 2018. Considering the year of accident and nature of work done by the
deceased, a sum of Rs.14,000/- per month is fixed as notional income of the
deceased. The Tribunal has rightly granted 40% enhancement towards future
prospects and following the judgment of the Hon'ble Apex Court reported in
2009 (2) TNMAC 1 SC Supreme Court [Sarla Verma & others vs. Delhi
Transport Corporation & another], applied the correct multiplier '17'. There
are four dependents of the deceased. The Tribunal considering the same, has
rightly deducted 1/4th towards personal expenses of the deceased. Hence,
fixing a sum of Rs.14,000/- per month as notional income of the deceased,
granting 40% enhancement towards future prospects, deducting 1/4th towards
personal expenses and applying the multiplier '17', the amounts awarded by
the Tribunal towards loss of dependency is modified to Rs.29,98,800/-
{[Rs.14,000/- + Rs.5,600/- (40% of Rs.14,000/-)] x 12 x 17 x 3/4}. The sum
of Rs.60,000/- granted by the Tribunal towards loss of love and affection to
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
the appellants 2 to 4 at the rate of Rs.15,000/- each and the same is meagre.
The appellants 2 to 4 are entitled to a sum of Rs.40,000/- each towards loss of
love and affection. Hence, the amount awarded by the Tribunal towards loss
of love and affection is enhanced to Rs.1,20,000/-. The Tribunal has awarded
a sum of Rs.30,000/- towards loss of consortium to the 1st appellant, wife of
the deceased and the same is meagre. Following the judgment of the Hon'ble
Apex Court reported in 2017 (2) TN MAC 609 (SC) [National Insurance
Co. Ltd., Vs. Pranay Sethi and others], the amount awarded by the Tribunal
towards loss of consortium is enhanced to Rs.40,000/-. The Tribunal has not
awarded any amount towards loss of estate. The appellants are entitled to a
sum of Rs.15,000/- towards loss of estate. The sum of Rs.15,000/- awarded
by the Tribunal under the head, funeral expenses is just and reasonable and
hence, the same is hereby confirmed. Thus, the compensation awarded by the
Tribunal is modified as follows:
S. No Description Amount awarded Amount Award
by Tribunal awarded by this confirmed or
(Rs) Court (Rs) enhanced or
granted
1. Loss of dependency 25,70,400/- 29,98,800/- Enhanced
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
2. Loss of love and 60,000/- 1,20,000/- Enhanced
affection to appellants 2
to 4
3. Loss of estate - 15,000/- Granted
4. Funeral expenses 15,000/- 15,000/- Confirmed
5. Loss of consortium to 1st 30,000/- 40,000/- Enhanced
appellant
Total 26,75,400/- 31,88,800/- Enhanced by
Rs.5,13,400/-
11.In the result,
(i) C.M.A.No.1939 of 2021 is partly allowed and the amount awarded
by the Tribunal at Rs.16,75,000/- is enhanced to Rs.20,75,600/- 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,
within a period of six weeks from the date of receipt of a copy of this
judgment, to the credit of M.C.O.P. No.6499 of 2018. On such deposit, the
appellants 1 and 2 are permitted to withdraw their share of the award amount,
now determined by this Court, along with proportionate interest and costs, as
per the ratio of apportionment fixed by the Tribunal, after adjusting the
amount, if any, already withdrawn, by filing necessary applications before the
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
Tribunal. The appeal is dismissed as against the appellants 3 and 4. The
appellants 1 and 2 are directed to pay the necessary court fee on the enhanced
award amount as per the order of this Court dated 07.07.2021 made in
C.M.P.No.9723 of 2021 in C.M.A.SR.53513 of 2021. No costs.
(ii).C.M.A.No.1940 of 2021 is partly allowed and the amount awarded
by the Tribunal at Rs.26,75,400/- is enhanced to Rs.31,88,800/- 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,
within a period of six weeks from the date of receipt of a copy of this
judgment, to the credit of M.C.O.P. No.6562 of 2018. On such deposit, the
appellants 1 and 4 are permitted to withdraw their share of the award amount,
now determined by this Court, along with proportionate interest and costs, as
per the ratio of apportionment fixed by the Tribunal, after adjusting the
amount, if any, already withdrawn, by filing necessary applications before the
Tribunal. The shares of the minor appellants 2 and 3 are directed to be
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
deposited in any one of the Nationalized Bank, till the minors attain majority.
The 1st appellant, mother of the minor appellants 2 and 3 is permitted to
withdraw the accrued interest, once in three months for the welfare of the
minor appellants 2 and 3. The appellants are directed to pay the necessary
court fee on the enhanced award amount as per the order of this Court dated
07.07.2021 made in C.M.P.No.9725 of 2021 in C.M.A.SR.53514 of 2021. No
costs.
(V.M.V., J) (S.S., J)
16.06.2022
gsa
To
1.The Chief Judge,
(Motor Accident Claims Tribunal)
Small Causes Court, Chennai.
2.The Section Officer,
V.R Section,
High Court, Madras.
_____
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1939 & 1940 of 2021
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
(gsa)
C.M.A.Nos.1939 & 1940 of 2021
16.06.2022
_____
https://www.mhc.tn.gov.in/judis
