Shameem vs B. Shanmugam
2022 Latest Caselaw 16009 Mad

                                                                              C.M.A.No.2306 of 2017

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 10.10.2022

                                                          CORAM

                                        THE HONOURABLE Ms.JUSTICE P.T.ASHA

                                                   C.M.A.No.2306 of 2017

                     Goribee (died)
                     1. Shameem
                     2. Haseena
                     3. K. Hussain Basha                                         .. Appellants

                                                             -Vs.-
                     1. B. Shanmugam
                     2. Reliance General Insurance Company Limited,
                        “Heavitree”, Unit No.1, 3rd Floor,
                        No.23, Spur Tank Road, Chetpet,
                        Chennai 600 031.
                     3. Parasamal Bothra                                         ...Respondents

                                  Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, against the decree and judgment dated 20.07.2016 made in
                     M.C.O.P.No.2733 of 2009 on the file of the Motor Accident Claims
                     Tribunal, (Special Sub Court No.1), Chennai.


                                       For Appellant      : Mr.K. Varadha Kamaraj
                                       For Respondent-1   : Mr.S.Udayakumar
                                       For Respondent-2   : Mr.S.Arun Kumar
                                       For Respondent-3   : Served – No Appearance


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https://www.mhc.tn.gov.in/judis
                                                                              C.M.A.No.2306 of 2017

                                                          JUDGMENT

The petitioners have filed this appeal seeking enhancement of the

Award granted by the Motor Accident Claims Tribunal (Special Sub Court

No.1), Chennai in M.C.O.P.No.2733 of 2009.

2. The petitioners are the daughters, daughter-in-law and grand

son of one Kulsumbi, a 70 year old lady, who is said to have died in a road

traffic accident. The first petitioner, Goribee had died pending the claim

petition before the Tribunal. The petitioners had sought for a compensation

of a sum of Rs.8,00,000/-.

3. The Tribunal below had arrived at a compensation of a sum of

Rs.2,00,000/- and the same is questioned before this Court as being

inadequate.

4. Heard the learned counsel for the appellants and the learned

counsel appearing on behalf of the respondents 1 and 2 and perused the

materials available on record.

https://www.mhc.tn.gov.in/judis C.M.A.No.2306 of 2017

5. The deceased is aged about 70 years and further, the

appellants/petitioners are not dependent on the deceased. The appellants 3

and 4 are the wife and the son of the deceased Kulsumbi' son, Khader Basha

and therefore, they are not dependents of the deceased. The Insurance

Company has not challenged the Award. The Tribunal, by adopting a

notional income of Rs.3,500/- per month and a multiplier of 5 has granted a

compensation of a sum of Rs.1,40,000/- under the head of loss of income.

The Award appears to be very reasonable and I see no reason to enhance the

same. Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs.

10.10.2022

srn

To

1. The Motor Accident Claims Tribunal, (Special Sub Court No.1), Chennai.

2. The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis C.M.A.No.2306 of 2017

P.T.ASHA, J.,

srn

C.M.A.No.2306 of 2017

10.10.2022

https://www.mhc.tn.gov.in/judis