Madras High Court
C.Deepa vs K.Selventhiran on 29 March, 2022
C.M.A.No.410 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2022
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.410 of 2022
1.C.Deepa
2.A.Uthirambal
3.A.Vijayalakshmi ... Appellants
-Vs.-
1.K.Selventhiran
2.The Divisional Manager,
New India Assurance Co. Ltd.,
Divisional Office, No.1, Bharathi Road,
Cuddalore – 607 001. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act. 1988, praying to enhance the compensation in M.C.O.P.No.94
of 2020 dated 30.11.2021 on the file of the Motor Accident Claims Tribunal /
1st Additional District & Sessions Judge, Cuddalore.
For Appellant : M/s.Ramya V.Rao
For R1 : Not ready in notice
For R2 : Mr.J.Chandran
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C.M.A.No.410 of 2022
JUDGMENT
The wife and parents of the deceased Chinnarasu had filed a claim
petition on the file of the I Additional District and Sessions Judge, Motor
Accident Claims Tribunal, Cuddalore, in M.C.O.P.No.94 of 2020, seeking
compensation for the death of the said Chinnarasu in a road accident that had
occurred on 28.10.2019.
2. The claimants had sought compensation of a sum of Rs.50,00,000/-.
The first claimant and the deceased Chinnarasu had got married, just two
months prior to his death. It is their case that on 28.10.2019 at about 3.30 p.m,
when the deceased was riding his TVS Victor Motorcycle, bearing Registration
No.TN-91-H-0922 from West to East on the Bhuvanagiri to Maruthu Road, the
first respondent's tractor, bearing Registration No.TN-29-BB-5896 came from
behind at a high speed, driven rashly and negligently by its driver and hit the
rear of the motorcycle, in which the deceased was travelling. As a result of the
impact, the deceased was thrown off his motor cycle and fatally injured and he
died on the spot.
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C.M.A.No.410 of 2022
3. The first respondent remained ex-parte before the Tribunal. The
second respondent-Insurance Company had filed a counter denying both the
negligence as well as liability and also stated that the deceased was not in
possession of valid driving licence and was therefore, liable for the accident.
They had also stated that the tractor did not possess the valid permit, fitness
and registration certificate, etc. They would further contend that the claim was
highly excessive.
4. The Tribunal, on considering the oral and documentary evidence,
held negligence upon driver of the tractor and ultimately, awarded a
compensation of Rs.16,28,828/- to the claimants.
Heads Amount in Rs.
Loss of Income 15,23,328
Loss of Consortium 44,000
Loss of love and affection 30,000
10,000x3
Transport Expenses 15,000
Funeral Expenses 16,500
Total 16,28,828
Aggrieved by the said Award, the claimants have filed the present appeal.
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C.M.A.No.410 of 2022
5. Heard the learned counsel for the appellants and the learned
counsel for the second respondent and perused materials available on record.
6. The Tribunal had fixed the notional income of Rs.8,500/-, since
the claimants, who had contended that the deceased was working as a Mason
Maistry under S.Mailavelu, Engineer and Contractor, Puducherry, had not
produced any document to prove the same. The deceased was 31 years old at
the time of accident and the accident has taken place in the year 2019.
Therefore, considering the age and year of the accident, the notional income
has to be fixed at a sum of Rs.12,000/- and 40% has to be added towards
future prospects. Therefore, the notional income would be Rs.12,000 + 4,800
= 16,800. Since the deceased was 31 years old, a multiplier of 16 has to be
adopted. Therefore, the amount under the head of loss of pecuniary benefits
would be Rs.16,800 x 12 x 16 = 32,25,600, out of which, 1/3 has to be
deducted towards personal expenses of the deceased, which would amount to a
sum of Rs.10,75,200/-. Therefore, the amount due under the head of Loss of
Pecuniary benefits would be Rs.21,50,400/-. No amounts have been granted
under head of Loss of Estate. Therefore, a sum of Rs.15,000/- has been given
under the head of Loss of Estate. In the light of the above, the revised Award
would be as follows:-
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C.M.A.No.410 of 2022
Heads Amount in Rs.
Loss of Pecuniary benefits 21,50,400
Loss of Consortium 44,000
Loss of love and affection 88,000
10,000x3
Transport Expenses 15,000
Funeral Expenses 16,500
Loss of Estate 15,000
Total 23,28,900
7. The appeal is partly allowed and the Award of the Tribunal is
modified, enhancing the compensation amount from Rs.16,28,828/- to
Rs.23,28,900/-. The second respondent-Insurance Company is directed to
deposit the said amount to the credit of M.C.O.P.No.94 of 2020 along with
interest at the rate of 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 judgment. On such deposit being made, the claimants are
permitted to withdraw the award amount, along with accrued interest and costs
as awarded by the Tribunal, less, the amount, if any already withdrawn, by
filing necessary application before the Tribunal. 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
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C.M.A.No.410 of 2022
certified copy showing proof of payment of Court fee has been produced by the
claimants. In other respects, the Award of the Tribunal is hereby confirmed.
There shall be no order as to costs in the present appeal.
29.03.2022
Internet: Yes/No
Index:Yes/No
Speaking/Non-Speaking
srn
To
1. The I Additional District & Sessions Judge, Cuddalore.
2.The Section Officer, V.R.Section, High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.410 of 2022
P.T.ASHA.J
srn
C.M.A.No.410 of 2022
29.03.2022
https://www.mhc.tn.gov.in/judis
