Madras High Court
Muthayee vs Pari on 11 March, 2022
C.M.A.No.813 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.813 of 2020
1.Muthayee
2.Seerangayee ... Appellants
vs.
1.Pari
2.The Oriental Insurance Co., Ltd.,
Tiruchengode. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against judgment and decree in M.C.O.P.No.149 of
2015, dated 18.09.2019 on the file of the Motor Accident Claims Tribunal /
Subordinate Judge Court, Tiruchengode.
For Appellants : Mr.C.Paraneetharan
For Respondents : Mr.M.J.Vijayaraghavan - R2
Not ready in notice - R1
JUDGMENT
The claimant is the appellant before this Court seeking enhancement
of the award passed by the Motor Accident Claims Tribunal / Subordinate
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C.M.A.No.813 of 2020
Judge Court, Tiruchengode in M.C.O.P.No.149 of 2015, dated 18.09.2019.
2. The brief facts are as follows:
The claimants are the mother and sister respectively of the deceased
latha @ Murugesan. The claimants had sought compensation of a sum of
Rs.25,00,000/-. It is their contention that the deceased Latha was a sales
woman in a shop selling plastics. The 2nd respondent/Insurance Company
has filed the petition and contested the claim. They would deny the nature
of the accident, the liability as well as the quantum.
3. The Tribunal below had perused the evidence on record and come
to the conclusion that the claimants had not proved the occupation of the
deceased Latha and therefore, arrived at a notional income of Rs.6,000/- to
which future prospects 25% was added. A sum of Rs.15,000/- each was
granted under the heads of Future prospects and loss of Estate. Therefore,
the claimants has filed this appeal challenging the award.
4. Mr.C.Paraneedharan, learned counsel appearing on behalf of the
appellants/claimants would submit that the Tribunal below ought to have
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C.M.A.No.813 of 2020
fixed the notional income of Rs.10,000/- and that apart no amount has been
granted under the head of loss of love and affection to the claimants.
5. The learned counsel appearing for the Insurance Company would
submit that as regards the fixation of notional income the Tribunal has
followed the earlier judgments of the Hon'ble Supreme Court and therefore,
the Tribunal has been rightly fixed the notional income at Rs.6,000/- p.m.,
after adding future prospects and deducting 50% towards personal
expenses.
6. Heard the learned counsel for both sides.
7. Taking into account the earlier pronouncement of the judgment of
the Hon'ble Supreme Court, the Tribunal has rightly fixed the notional
income at Rs.6,000/-. The Tribunal has added 25% towards future
prospects and deducted 50% towards personal expenses and the income
was arrived at a sum of Rs.3,750/-. Further, a perusal of the award would
clearly show that no amount has been granted to the claimants under the
head of loss of love and affection. Therefore, this Court reworks the claim
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C.M.A.No.813 of 2020
awarded by the Tribunal and each of the claimants are entitled to a sum of
Rs.40,000/- under the head of love and affection. Therefore, the award
passed by the Motor Accident Claims Tribunal (Sub-Judge), Tiruchengode
is enhanced by a further sum of Rs.80,000/- under the head of loss of love
and affection. The compensation is therefore reworked as follows:
S.No Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1. Compensation for future 5,85,000/- 5,85,000/- Confirmed
loss of income
2. Loss of Estate 15,000/- 15,000/- Confirmed
3. Funeral Expenses 15,000/- 15,000/- Confirmed
4. Loss of Love and Affection - 80,000/- Granted
to the claimants
TOTAL 6,15,000/- 6,95,000/- Enhanced by
Rs.80,000/-
8. Therefore, the Civil Miscellaneous Appeal is partly allowed and the
total compensation of Rs.6,15,000/- awarded by the Tribunal is hereby
enhanced to a sum of Rs.6,95,000/- together with interest @ 7.5 % per
annum from the date of petition till the date of deposit. The Insurance
Company is directed to deposit the said amount (Rs.6,95,000/-) to the credit
of M.C.O.P.No.149 of 2015 on the file of the Motor Accident Claims
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C.M.A.No.813 of 2020
Tribunal / Subordinate Judge Court, Tiruchengode, 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 six weeks from the date of receipt of a copy of this
Judgement. On such deposit being made, the claimants are permitted to
withdraw the amount now determined by this Court, as per the
apportionment made by the Tribunal along with interest and costs, after
adjusting the amounts if any already withdrawn. The claimants are directed
to pay the Court fee for the enhanced compensation amount, if required.
The Tribunal below shall not disburse the enhanced amount till such time as
the certified copy showing proof of payment of Court fee has been produced
by the claimants. No costs.
11.03.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
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C.M.A.No.813 of 2020
P.T.ASHA, J.,
ssn
To
1. The Motor Accident Claims Tribunal,
Subordinate Judge Court,
Tiruchengode.
2. The Section Officer,
V.R.Section,
High Court of Madras, Chennai.
C.M.A.No.813 of 2020
11.03.2022
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