Madras High Court
Michaealammal vs Jayaraman on 9 June, 2022
C.M.A.No.2018 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.2018 of 2021
Michaealammal ... Appellant
Vs.
1.Jayaraman
(R1 remained exparte before the Tribunal
and his presence is dispensed with)
2.United India Insurance Company Limited
No.134, Greams Road
4th floor, Anna salai
Chennai-6. ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 06.06.2019 made
in M.C.O.P.No.1421 of 2016 on the file of Motor Accident Claims Tribunal,
II Small Causes Court, Chennai.
For Appellant : Mr.F.Terry Chella Raja
for Ms.M.Malar
1/8
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C.M.A.No.2018 of 2021
For R2 : Mr.J.Michael Visuvasam
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 06.06.2019 made in
M.C.O.P.No.1421 of 2016 on the file of Motor Accident Claims Tribunal, II
Small Causes Court, Chennai.
2.The appellant and her husband one Sebastian are claimants in
M.C.O.P.No.1421 of 2016 on the file of Motor Accident Claims Tribunal, II
Small Causes Court, Chennai. They filed the said claim petition claiming a
sum of Rs.65,00,000/- as compensation for the death of their son
Kulanthairaj, who died in the accident that took place on 12.01.2016. Pending
claim petition, the said Sebastian, father of the deceased died.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of lorry belonging to the 1st respondent and directed the 2nd
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C.M.A.No.2018 of 2021
respondent/Insurance Company being insurer of the said lorry to pay a sum of
Rs.15,42,000/- as compensation to the appellant.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that the
deceased was aged 22 years at the time of accident, he was working as a
Mason and was earning a sum of Rs.20,000/- per month. The Tribunal
without considering the same, fixed only a meagre sum of Rs.10,000/- per
month as notional income of the deceased. The Tribunal has not awarded any
amount towards loss of love and affection. The amounts awarded by the
Tribunal under 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 appellant has not filed any
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C.M.A.No.2018 of 2021
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 fixed a sum of Rs.10,000/- per month as notional income of the
deceased, which is excessive. The Tribunal after considering all the materials
on record, awarded compensation, which is not meagre. The appellant has 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 appellant 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 appellant that the deceased was working as
a Mason at the time of accident and was earning a sum of Rs.20,000/- per
month. The appellant failed to substantiate the said contention. The Tribunal
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C.M.A.No.2018 of 2021
in the absence of any evidence with regard to avocation and income of the
deceased, fixed a sum of Rs.10,000/- per month as notional income of the
deceased. The accident is of the year 2016 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.13,000/- per month is fixed as notional income of the
deceased. As per Ex.P3/Post-mortem certificate, the deceased was aged 22
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 '18'. The deceased died as bachelor and the Tribunal has
rightly deducted 50% towards personal expenses. Thus, by fixing Rs.13,000/-
as monthly income of the deceased, the compensation awarded by the
Tribunal towards loss of dependency is modified to Rs.19,65,600/-
(Rs.13,000/- + 5200 [Rs.13,000/- X 40%] X 12 X 18 X 1/2). The Tribunal
has not awarded any amount towards loss of love and affection to the
appellant and hence, a sum of Rs.40,000/- is awarded towards loss of love
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C.M.A.No.2018 of 2021
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 15,12,000 19,65,600 Enhanced
dependency
2. Funeral 15,000 15,000 Confirmed
expenses
3. Loss of estate 15,000 15,000 Confirmed
4. Loss of love - 40,000 Granted
and affection
Total 15,42,000 20,35,600 Enhanced by
Rs.4,93,600/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.15,42,000/- is hereby
enhanced to Rs.20,35,600/- 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, less the amount
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C.M.A.No.2018 of 2021
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 appellant is permitted to
withdraw the entire award amount now determined by this Court along with
interest and costs, less the amount if any, already withdrawn. The appellant is
directed to pay the necessary Court fee on the enhanced award amount as per
the order of this Court dated 12.07.2021 made in C.M.P.No.7503 of 2021 in
C.M.A.SR.No.129153 of 2019. No costs.
(V.M.V., J) (S.S., J)
09.06.2022
Index : Yes / No
kj
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C.M.A.No.2018 of 2021
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
kj
To
1.II Judge
Motor Accident Claims Tribunal
Small Causes Court, Chennai.
2.The Section Officer
VR Section
High Court
Madras.
C.M.A.No.2018 of 2021
09.06.2022
https://www.mhc.tn.gov.in/judis
