Madras High Court
Sundaram vs Baby on 25 March, 2022
C.M.A.No.1854 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
C.M.A.No.1854 of 2017
Sundaram ... Appellant
Vs.
1. Baby
2. Anburaj
3. Ashokan
4. Ananth ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173(1) of the
Motor Vehicles Act, 1988, against the judgment and decree dated
24.06.2016 made in M.C.O.P.No.225 of 2011 on the file of the Motor
Accident Claims Tribunal – Principal District Court, Namakkal.
For Appellant : Ms.Zeenath Begum
For Respondents : Mr.N.Vijaybaskar
for M/s. Law Vision
JUDGMENT
Respondent in M.C.O.P.No.225 of 2011, which was on the file of
the Principal District Court/ Motor Accident Claims Tribunal, Namakkal
is the appellant herein, aggrieved by the order dated 24.06.2016
awarding compensation of Rs.7,10,120/- for the unfortunate death in a
road accident of Kuppan, who was the husband of the first claimant
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C.M.A.No.1854 of 2017
before the Tribunal and the father of claimants 2 to 4.
2. The necessary facts for filing of the claim petition were that
Kuppan was standing on the left side of the road near Taluk Office at
Velur, when a motorcycle bearing Registration No.TN-28-AB-1297,
dashed against him and caused an accident. It was the case of the
respondent that Kuppan was crossing the road and at that time the
accident has occurred. Due to the accident, Kuppan sustained injuries on
his head, legs and all over the body and first took treatment in Namakkal
Government Hospital and later was shifted to Coimbatore Government
Hospital and then he was again shifted to Namakkal Government
Hospital. He died on the way to hospital.
3. The deceased Kuppan was aged about 52 years and was working
as a Village Assistant and earning a sum of Rs.7,350/- per month.
Seeking compensation for the death of Kuppan his legal representatives
filed M.C.O.P.No.225 of 2011.
4. The respondents stated that the deceased Kuppan was careless
while crossing the road and that was the reason for the accident.
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C.M.A.No.1854 of 2017
5. The parties were invited to grace the witness box and adduce
evidence.
6. The first point which the Tribunal took up for consideration was
with respect to the negligence aspect and on this ground, the Tribunal
had examined Ex.P1, which was the copy of the First Information Report
and Ex.P2, which was the Motor Vehicles Inspector report. It was found
that the nature of the accident was so severe, that Kuppan had sustained
injuries on his head, legs and all over the body. The motorcycle had
dashed against him while going at a high speed and when he was
standing near the Taluk Office. He fell down and suffered with injuries
all over his body including head. In view of the evidence adduced, the
Tribunal determined that the accident occurred only due to the rash and
negligent driving of the motorcycle. I would affirm that particular
finding.
7. Thereafter, the Tribunal had proceeded to determine the
compensation to the granted. The deceased was aged about 52 years and
was working as a Village Assistant. He was earning Rs.7,350/- per
month. Ex.P.10 is the salary certificate of the deceased and Ex.P.12 is the
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C.M.A.No.1854 of 2017
pay statement of the deceased Kuppan. In view of those documentary
evidence, the salary of Kuppan was taken at Rs.7,688/- since evidence
was produced and it was rounded up to Rs.7,690/- by the Tribunal.
Taking into account that he would have 6 years remaining in service, the
total income for six years was determined on Rs.7,690/- x 12 x 6 =
Rs.5,53,680/-. The Tribunal deducted 1/3rd of the income towards
personal expenses and after that deduction the income came to
Rs.3,69,120/-. The Tribunal adopted a multiplier "9" and taking into
consideration the income of Rs.3,000/- as per schedule and arrived at a
sum of Rs.2,16,000/-. The total compensation was determined at a sum of
Rs.3,69,120 + Rs.2,16,000/- = Rs.5,85,120/-. Towards loss of love and
affection, a sum of Rs.10,000/- was determined for all the petitioners and
towards funeral expenses, a sum of Rs.5,000/- and towards loss of
consortium to the 1st respondent, a sum of Rs.10,000/-, towards medical
expenses though Ex.P.3 reflect a sum of Rs.2,26,718/- was incurred, in
view of the absence of prescriptions and medical reports, the Tribunal
had taken into account, a sum of Rs.1,00,000/-. The total compensation
granted by the Tribunal was Rs.7,10,120/-.
8. I have heard the learned counsel appearing for the appellant and
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C.M.A.No.1854 of 2017
the learned counsel appearing for the respondents and I would uphold the
compensation granted by the Tribunal. It is just and fair and requires no
interference by this court.
9. I am informed that the compensation granted is yet to be
deposited. The award now granted is Rs.7,10,120/- together with interest
at the rate of 7.5% per annum from the date of the claim petition till the
date of deposit. The Insurance Company is directed to deposit the award,
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.225 of 2011, on the file of the Motor Accident
Claims Tribunal – Principal District Court, Namakkal. On such deposit,
the respondents are permitted to withdraw the amount equally, now
awarded by this Court as per the apportionment fixed by the Tribunal,
along with proportionate interest and costs, as awarded by the Tribunal
by making necessary applications before the Tribunal. The Tribunal had
granted apportionment and it would remain the same.
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C.M.A.No.1854 of 2017
C.V.KARTHIKEYAN,J.,
mp/sp
10. With the above observations, this Civil Miscellaneous Appeal
stands dismissed. No costs.
25.03.2022
mp/sp
Index:Yes/No
Speaking Order : Yes/No
To
1.Motor Accident Claims Tribunal –
Principal District Court,
Namakkal.
2.The Section Officer,
VR Section,
Madras High Court.
CMA.No.1854 of 2017
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