Madras High Court
Gowri vs Pari on 11 March, 2022
C.M.A.No.1336 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.1336 of 2021
1.Gowri
2.Minor Abirami
3.Minor Dhiyasri ... Appellants
nd rd
[The 2 and 3 minor appellant are
represented by their next friend / guardian
/ mother Gowri.]
vs.
1.Pari
2.The Oriental Insurance Co., Ltd.,
146, South Car Street, Kamalar,
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.130 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
1/6
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C.M.A.No.1336 of 2021
JUDGMENT
The claimants are the appellants before this Court seeking
enhancement of the award passed by the Motor Accident Claims Tribunal /
Subordinate Judge Court, Tiruchengode in M.C.O.P.No.130 of 2015, dated
18.09.2019.
2. The brief facts are as follows:
The claimants are the wife and daughters respectively of the deceased
Karthikeyan. The claimants had sought compensation of a sum of
Rs.25,00,000/-. It is their contention that the deceased Karthikeyan was an
auto driver. 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 came
to the conclusion that the claimants had not proved the occupation of the
deceased Karthikeyan and therefore, arrived at a notional income of
Rs.7,000/- to which future prospects 40% was added. Further, a sum of
Rs.15,000/- was granted under the head of loss of Estate. Therefore, the
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C.M.A.No.1336 of 2021
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
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 the Tribunal has fixed the notional income as per the earlier
judgments of the Hon'ble Supreme Court and therefore, the Tribunal has
been rightly fixed the notional income at Rs.7,000/- p.m.
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.7,500/- to which 40% was added towards future prospects.
Out of this, 1/3rd was deducted towards personal expenses and the income
was arrived at a sum of Rs.7,000/-. Further, a perusal of the award would
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C.M.A.No.1336 of 2021
clearly show that no amount has been credited to the claimants under the
head of loss of love and affection. Therefore, this Court reworks the claim
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 13,44,000/- 13,44,000/- Confirmed
loss of income
2. Loss of Consortium to the 40,000/- 40,000/- Confirmed
1st claimant/wife
3. Loss of Estate 15,000/- 15,000/- Confirmed
4. Funeral Expenses 15,000/- 15,000/- Confirmed
5. Loss of Love and Affection - 80,000/- Granted
to the claimants
TOTAL 14,14,000/- 14,94,000/- Enhanced by
Rs.80,000/-
8. Therefore, the Civil Miscellaneous Appeal is partly allowed and the
total compensation of Rs.14,14,000/- awarded by the Tribunal is hereby
enhanced to a sum of Rs.14,94,000/- together with interest @ 7.5 % per
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C.M.A.No.1336 of 2021
annum from the date of petition till the date of deposit. The Insurance
Company is directed to deposit the said amount (Rs.14,94,000/-) to the
credit of M.C.O.P.No.130 of 2015 on the file of the Motor Accident Claims
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 1st claimant is 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 claimant. No costs.
11.03.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
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C.M.A.No.1336 of 2021
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.1336 of 2021
11.03.2022
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