Madras High Court
Ponnambalam vs Balakrishnan on 3 March, 2022
C.M.A.No.3062 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.M.A.No.3062 of 2017
1.Ponnambalam
2.Minor. Rithik
3.Minor. Ritheesh ...Appellants
Vs.
1.Balakrishnan
2.The National Insurance Company Limited,
Second Floor, No.31/6, Nathan Arcade,
Canara Bank Upstairs, New Bye-Pass Road,
Musiri, Trichy District – 621 211.
..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 07.06.2017 made
in MCOP.No.1688 of 2016 on the file of the Motor Accidents Claims
Tribunal / Principal District Court at Namakkal.
For Appellants : Mr.Ma.P.Thangavel
For Respondents : Mr.S.Arunkumar for R2
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.3062 of 2017
JUDGMENT
Heard the learned counsel for the Appellant.
2.The husband of the deceased and her minor children are the
appellants herein. The appellants herein / claimants filed M.C.O.P.No.1688
of 2016 on the file of the Principal District Court at Namakkal / Motor
Accidents Claims Tribunal seeking compensation for the death of Malathi,
who was the wife of the 1 st claimant and the mother of the 2 nd and 3rd
claimants.
3.The accident occurred on 30.05.2016 at around 7.30 p.m near
Mahadevi bus stop, Subramaniyam house in Namakkal Thathaiyankarpettai
Road, when the deceased Malathi was a pillion rider in a two wheeler
bearing registration number TN-47-X-9139, which was driven by the 1st
claimant. At that point of time, a Tata Indigo ECS car bearing registration
number TN-45-BC-3520 came from behind and collided against the motor
cycle, owing to which, the said Malathi sustained severe injuries all over her
body and died on the way to the hospital. It is claimed that she was aged 21
years and was working as a Tailor and earning a sum of Rs.15,000/- per
month.
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C.M.A.No.3062 of 2017
4.In this connection, a First Information Report in Crime No.81 of
2016 had been registered under Section 279, 337 and 304(A) of IPC by the
Thathaiyankarpettai police station.
5.It must also be pointed out that the 2 nd respondent / National
Insurance Company Limited, Trichy remained exparte before the Tribunal
and the judgment passed is actually an exparte judgment. There has been no
contest by the 2nd respondent / Insurance Company.
6.The judgment is quite brief in nature and during the course of
determining compensation, the Tribunal examined the 1st claimant,
Ponnambalam / husband of the deceased as P.W.1 and examined one
Srinivasan said to be an eye witness as P.W.2. Documents were also filed.
The Motor Vehicles Inspector's report for the two vehicles namely, the two
wheeler driven by the 1st claimant and the Tata Indigo car had been marked
as Exs.P4 and P5. The insurance policy had been marked as Ex.P3. The
First Information Report and the charge sheet had been marked as Exs.P1
and P6.
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C.M.A.No.3062 of 2017
7.The Tribunal had the benefit of hearing only the evidence
adduced by the claimants alone and that evidence was not contested, since
the Insurance Company had been set exparte.
8.The Tribunal, proceeded to determine the monthly income of the
deceased at Rs.6,000/- and adopted a multiplier of 18 and substracted 1/3rd
towards personal exepenses and finally worked out the total loss of income
at Rs.8,64,000/-. That is the only aspect, which is urged in this appeal.
9.In the present appeal, the Insurance Company has participated
but it was stated by the learned counsel that though an application was
preferred to set aside the exparte decree, but that was not filed.
10.Having recorded the facts of the case, let me not disturb the
findings of the Tribunal with respect to the finding that it was only due to
the rash and negligent driving of the vehicle of the 1 st defendant bearing
registration number TN-45-BC-3520 / a Tata Indigo ECS Car that the
accident occurred.
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C.M.A.No.3062 of 2017
11.With respect to the compensation which is to be granted, let me
interfere with respect to the monthly income, which could have been earned
by the deceased and I revise that amount to Rs.6,500/-. Let me grant 40%
of the aforesaid amount towards future prospects and I would, grant a sum
of Rs.8,000/- towards loss of love and affection for the minor children. In
fine, the compensation granted is modified as follows:
Heads Amounts
Loss of future income Rs.13,10,400/-
Loss of Estate Rs.3,000/-
Funeral Expenses Rs.5,000/-
Love and affection Rs.8,000/-
Transportation Rs.2,000/-
Total Rs.13,28,400/-
12.The Civil Miscellaneous Appeal is allowed to that extent
enhancing the compensation which had been determined as Rs.8,79,000/- to
Rs.13,28,400/-. The Insurance company shall deposit the difference in
compensation amount i.e., Rs.4,49,400/-, less the amount, if any already
deposited with interest at 7.5% from the date of filing of the petition till the
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C.M.A.No.3062 of 2017
date of deposit within a period of eight weeks from the date of receipt of a
copy of this order. On such deposit, 1st Appellant is entitled to 50% of the
award amount and the minors / Appellants 2 and 3 are entitled to remaining
50% of the award amount. So far as Minors' / appellants 2 and 3 amount is
concerned, it is ordered to deposit in anyone of the Nationalized Bank till
they attaining majority and the 1st Appellant / father of the minors is
permitted to withdraw the interest alone once in three months.
13.In view of the above observations, this Civil Miscellaneous
Appeal is allowed. No order as to costs. Consequently, connected
miscellaneous petition, if any, is closed.
03.03.2022
kkn
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
https://www.mhc.tn.gov.in/judis
C.M.A.No.3062 of 2017
To-
The Motor Accident Claims Tribunal,
Principal District Court,
Namakkal.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3062 of 2017
C.V.KARTHIKEYAN, J.
KKN
C.M.A.No.3062 of 2017
03.03.2022
https://www.mhc.tn.gov.in/judis
