Madras High Court

Mallika vs V.Meena on 10 June, 2022

                                                                        C.M.A. No.3441 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 10.06.2022

                                                       CORAM:

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

                                             C.M.A.No.3441 of 2021

                  1.Mallika
                  2.Thilaka
                  3.Minor Deepa
                  4.Minor Rakesh
                  (Minors rep. By their mother Mallika,
                  as natural guardian and next friend)
                  5.Maheswari                                                .. Appellants

                                                          Vs.

                  1.V.Meena
                  (R1 remained exparte before the Tribunal.
                  Hence, notice may be dispensed with)

                  2.United India Insurance Co. Ltd.,
                    No.134, Greams Road,
                    IV Floor, Anna Salai,
                    Chennai 600 006.                                       .. Respondents


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
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https://www.mhc.tn.gov.in/judis
                                                                              C.M.A. No.3441 of 2021

                  Vehicles Act, 1988, against the judgment and decree dated 11.03.2021, made

                  in M.C.O.P. No.3233 of 2018, on the file of the III Court of Small Causes,

                  (Motor Accident Claims Tribunal) Chennai.


                                            For Appellants   : Mr.A.G.F.Terry Chella Raja
                                                               for Ms.M.Malar

                                            For R2           : Mr.R.Rajesh

                                                     JUDGMENT

[Judgment of the Court was delivered by V.M.VELUMANI,J.]

This appeal has been filed for enhancement of compensation granted by

the award dated 11.03.2021, made in M.C.O.P. No.3233 of 2018, on the file

of the III Court of Small Causes, (Motor Accident Claims Tribunal) Chennai.

2.The appellants-claimants filed M.C.O.P. No.3233 of 2018, on the file

of the III Court of Small Causes, (Motor Accident Claims Tribunal) Chennai,

claiming a sum of Rs.75,00,000/- as compensation for the death of one Babu,

who died in the accident that took place on 04.04.2018.

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3.The Tribunal considering the pleadings, oral and documentary

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

driver of the Motorcycle owned by the 1st respondent and directed the 2nd

respondent, as insurer of the offending vehicle, to pay a sum of

Rs.19,72,500/- as compensation to the appellants at the first instance and

recover the same from the 1st respondent.

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

award dated 11.03.2021, made in M.C.O.P. No.3233 of 2018, the appellants

have come out with the present appeal.

5.The learned counsel appearing for the appellants contended that at

the time of accident, the deceased was aged 42 years and was working as a

Mason and was earning a sum of Rs.30,000/- per month. The Tribunal, in the

absence of any evidence by the 2nd respondent-Insurance Company to

disprove the avocation and income of the deceased, fixed only a meagre sum

of Rs.11,000/- per month as notional income of the deceased and awarded

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meagre amounts as compensation towards loss of dependency. The Tribunal

failed to award any amount under the head of damages, loss of expectation of

life, filial consortium and mental agony. The amounts awarded by the

Tribunal towards loss of dependency, loss of love and affection, loss of estate,

transport expenses, loss of consortium and funeral expenses are meagre and

prayed for enhancement of the compensation.

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

Insurance Company contended that the appellants have not filed any

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

the absence of any evidence to prove the avocation and income of the

deceased, fixed a sum of Rs.11,000/- per month as notional income of the

deceased, which is 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 the

appeal.

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7.Heard learned counsel appearing for the appellants as well as the 2nd

respondent-Insurance Company and perused the materials available on

record.

8.From the materials on record, it is seen that it is the contention of the

appellants that at the time of accident, the deceased was aged 42 years,

working as a Mason and was earning a sum of Rs.30,000/- per month. 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.11,000/- per month as

notional income of the deceased. The said amount 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, 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] and 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], rightly granted 25%

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enhancement towards future prospects and applied the correct multiplier '14'.

There are five dependents of the deceased. Hence, deducting ¼ towards

personal expenses of the deceased and fixing the monthly income of the

deceased as Rs.14,000/-, the amounts awarded by the Tribunal towards loss

of dependency is modified to Rs.22,05,000/- {[Rs.14,000/- + Rs.3,500/- (25%

of Rs.14,000/-)] x 12 x 14 x 3/4}. The amounts awarded by the Tribunal

under 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 awarded Amount Award by Tribunal awarded by confirmed or (Rs) this Court (Rs) enhanced or granted

1. Loss of dependency 17,32,500/- 22,05,000/- Enhanced

2. Loss of estate 15,000/- 15,000/- Confirmed

3. Transport expenses 10,000/- 10,000/- Confirmed (Ambulance)

4. Funeral expenses 15,000/- 15,000/- Confirmed

5. Loss of love and 1,60,000/- 1,60,000/- Confirmed affection to appellants 2 to 5

6. Loss of consortium to 1st 40,000/- 40,000/- Confirmed appellant

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Total 19,72,500/- 24,45,000/- Enhanced by Rs.4,72,500/-

9.In the result, the appeal is partly allowed and the amount awarded by

the Tribunal at Rs.19,72,500/- is enhanced to Rs.24,45,000/- 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.3233 of 2018 at the first instance and

recover the same from the 1st respondent. On such deposit, the appellants 1, 2

and 5 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.