Madras High Court
Rukmani vs K.K.Mohan on 28 June, 2022
CMA.No.1162 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.No.1162 of 2017 and
C.M.P.No.20628 of 2016
1.Rukmani
2.N.Pradeep ... Appellants/ Petitioners
Vs
1. K.K.Mohan
2. M/s KPM Petroleum,
246/1-A2, Bathery Road,
Bitherkad, BItherkad Post,
Gudalur, Nilgiris District.
3.The Branch Manager,
United India Insurnce Company,
Branch Office at Noornal Buildings,
Mysore Road, Sulthans Bathery, Wayanad,
Kerala - 673592
... Respondents/ Respondents
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
to allow the present appeal award enhanced compensation in judgment and
decree dated 31.07.2015 in MCOP No.96/2015 passed by the Motor
Accident claims Tribunal (Special District Judge), Erode as prayed for in
this Civil Miscellaneous Appeal.
1/8
https://www.mhc.tn.gov.in/judis
CMA.No.1162 of 2017
For Petitioner : M/s R.Nalliyappan
For Respondent : M/r. C.Paranthanan[R.3]
No Appearance [R.1 & R2]
JUDGEMENT
The mother and brother of one Rangraj who passed away in a road
accident had filed M.C.O.P.No.96 of 2015 on the file of the Motor Accident
Claims Tribunal Special Judge, Erode, seeking a compensation of
Rs.59,25,000/-. The Tribunal had awarded a total sum of Rs.11,13,000/-
and aggrieved by the same the present appeal has been filed.
2. It is the case of the petitioners that the deceased Rangraj was
working as a Supervisor cum Accountant at V.M. Engineering Works,
Coimbatore and earning a monthly income of Rs.15,000/-. On 30.12.2014
he was traveling as a pillion rider along with one Rubeshkumar, rider of the
motor cycle bearing registration no.TN-40-E-8188 and while proceeding
proceeding from Mettupalayam to Annur, when they neared Theramalayam,
Kandasamy Thottam, a Tanker lorry bearing registration no.TN-43-Z-9102
driven by the 1st respondent in a rash and negligent manner, without
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CMA.No.1162 of 2017
adhering the traffic rules and regulations and which attempted to overtake
the preceding vehicle from the wrong side of the road had dashed against the
motor cycle and due to the impact both the rider and the pillion were thrown
out of the motor cycle and sustained grievous injuries to their head and both
of them had died on the spot. The accident had occurred only on account of
the rash and negligent driving of the 1st respondent.
3. The vehicle belonging to the 2nd respondent and was insured with
the 3rd respondent. The 1st and 2nd respondents had entered appearance
however they did not file their counter and were therefore set ex parte.
4. The 3rd respondent/Insurance company had filed a counter
statement contending that the rider of the motor cycle in which the deceased
was travelling had driven the vehicle rashly and negligently which had also
contributed to the accident. The insurance company had put the appellants
to strict proof that the rider of the motor cycle possessed a valid driving
license and had a valid insurance policy cover and that the driver of the
Tanker lorry should possesses a valid permit and coverage of insurance and
the driver who drove the same had a valid subsisting driving license.
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CMA.No.1162 of 2017
5. The Tribunal below held the negligence on the driver of the Tanker
lorry and arrived at a compensation of a sum of Rs.11,13,000/-. Challenging
the same the appellants are before this Court.
6. Mr.R.Nalliyappan, learned counsel appearing for the appellant
would contend that the notional monthly income fixed was very low and
considering the year of the accident a sum of Rs.12,000/- ought to have been
taken as a notional monthly income. That apart, the appellant had not been
granted any amount under the head of loss of estate and the amount granted
under the head of loss of love and affection was not as per the Judgement
reported in Pranay Sethi's Case - 2017 (16) SCC 680 - National Insurance
Company Versus Pranay Sethi and another.
7. Mr.C.Paranthanan, learned counsel appearing for the insurance
company would submit that a reasonable notional income has been fixed by
the Tribunal below and there is no necessity for enhancing the same. He
would however concede that amounts under the head of love and affection
and loss of estate has to be necessarily granted.
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CMA.No.1162 of 2017
8. Heard both the learned counsels.
9. The educational qualifications of the deceased Rangraj appears to
be promising and if he was alive he would be well placed and earning a good
salary. The notional income fixed by the Tribunal below is very low, the
same is enhanced to a sum of Rs.10,000/-. To this future prospects of 50%
has to be added considering the age of the deceased which is 23 years at the
time of his death. Since the petitioner is a bachelor 50% has to be kept apart
for his personal expenses. Therefore, the monthly income that would be
available for the 1st appellant/mother would be a sum of Rs.7,500/-. The
multiplier which has to be adopted is ‘18’. Therefore, the amount under the
head of loss of dependency would be Rs.7,500 x 12 x 18 = Rs.16,20,000/-.
Then no amounts has been granted under the head of loss of estate therefore,
a sum of Rs.15,000/- has to be granted under this head. Under the head of
funeral expenses a sum of Rs.25,000/- has been granted which has to be
reduced to a sum of Rs.15,000/-. Under the head of loss of love and affection
only a sum of Rs.25,000/- has been granted, the 1st appellant/ mother is
alone entitled for a compensation, since the brother is not depending upon
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CMA.No.1162 of 2017
the petitioner, therefore, a sum of Rs.40,000/- is granted under this head.
Therefore, the total compensation is now awarded by this Court is a sum of
Rs.17,00,000/-. The 1st appellant/mother of the deceased is only entitled to
the above sum. Therefore, the reworked compensation would be as follows:-
S.No Description Amount Amount Award confirmed or
awarded by awarded by enhanced or granted
Tribunal this Court or reduced
(Rs) (Rs)
1. Funeral Expenditure 25,000/- 15,000/- Reduced
2. Transportation 10,000/- 10,000/- Confirmed
3. loss of love and affection 25,000/- 40,000/- Enhanced
( for mother)
4. loss of dependency 10,53,000/- 16,20,000/- Enhanced
5. loss of estate Nil 15,000/- Granted
TOTAL 11,13,000/- 17,00,000/- Enhanced by
Rs.5,87,000/-
10. Therefore, the Civil Miscellaneous Appeal is allowed and the
award of the Tribunal be and hereby is enhanced to a sum of Rs. 17,00,000/-
from Rs.11,13,000/- together with interest @ 7.5 % per annum from the
date of petition till the date of deposit. In all other aspects the award of the
Tribunal is confirmed. The 3rd respondent/ insurance company is directed to
deposit the said amount (Rs.17,00,000 /-) to the credit of M.C.O.P.No.96 of
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CMA.No.1162 of 2017
2015 on the file of the Motor Accident Claims Tribunal, (Special District
Judge), Erode together with interest @ 7.5% per annum from the date of
claim petition till the date of deposit and costs as awarded by the Tribunal,
less, the amount, if any already deposited, within a period of eight weeks
from the date of receipt of a copy of this Judgment. On such deposit being
made, the 1st appellant/mother of the deceased is permitted to withdraw the
amount now determined by this Court, along with interest and costs, after
adjusting the amount if any already withdrawn. The Tribunal shall not
disburse the amounts until proof of payment of the Court fee is produced by
the claimant failing which the Tribunal shall get a confirmation from this
Court that the Court fee has been paid. No costs. Consequently, the
connected Civil Miscellaneous Petition is closed.
28.06.2022
Index : Yes/No
Internet: Yes/No
shr
To
1. The Motor Accident claims Tribunal (Special District Judge), Erode
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CMA.No.1162 of 2017
P.T. ASHA, J,
shr
CMA.No.1162 of 2017
28.06.2022
https://www.mhc.tn.gov.in/judis
