Madras High Court

V.Gowri vs Golden Shelters Pvt. Ltd on 5 September, 2022

                                                                        C.M.A.No.2207 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.09.2022

                                                    CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI
                                                   and
                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                             C.M.A.No.2207 of 2021
                  1.V.Gowri
                  2.Kalpana
                  3.V.Balachandar
                  4.Balaji
                  Venkatraman (since died)
                  5.Saroja                                                   ... Appellants
                                                      Vs.
                  1.Golden Shelters Pvt. Ltd.
                  No.33, Greams Road
                  Shafee Mohammed Road
                  Chennai-600 006.

                  2.Bharti Axa Insurance Co. Ltd.
                  No.162, Metro Plaza 2nd floor
                  Anna salai, Mount Road
                  Opposite Spencer Plaza
                  Chennai – 600 002.                                        ... Respondents

                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                  Vehicles Act, 1988, against the judgment and decree dated 11.01.2021 made


                  1/8


https://www.mhc.tn.gov.in/judis
                                                                               C.M.A.No.2207 of 2021

                  in M.C.O.P.No.429 of 2018 on the file of Motor Accident Claims Tribunal,

                  Special Sub Court No.1, Small Causes Court, Chennai.



                                            For Appellant    : Mrs.A.Subadra

                                            For R1           : Ms.N.Sumathi

                                            For R2           : Mr.B.Siva Kollapan

                                                      JUDGMENT

(Judgment of the Court was delivered by V.M.VELUMANI,J.)

The Civil Miscellaneous Appeal is filed for enhancement of

compensation granted by the Tribunal in the award dated 11.01.2021 made in

M.C.O.P.No.429 of 2018 on the file of Motor Accident Claims Tribunal,

Special Sub Court No.1, Small Causes Court, Chennai.

2.The appellants along with one Venkatraman are the claimants in

M.C.O.P.No.429 of 2018 on the file of Motor Accident Claims Tribunal,

Special Sub Court No.1, Small Causes Court, Chennai. They filed the said

claim petition claiming a sum of Rs.75,00,000/- as compensation for the

death of one Vinayagam, who died in the accident that took place on

https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021

01.12.2017. Pending claim petition, the said Venkatraman, father of the

deceased died.

3.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving

by the driver of car belonging to the 1st respondent and directed the 2nd

respondent/Insurance Company being insurer of the said car to pay a sum of

Rs.16,37,500/- as compensation to the appellants.

4.Not being satisfied with the amounts awarded by the Tribunal, the

appellants have come out with the present appeal seeking enhancement of

compensation.

5.The learned counsel appearing for the appellants contended that the

deceased was aged 49 years at the time of accident, he was working as a

Mason and was earning a sum of Rs.25,000/- per month. The Tribunal

without considering the same, fixed only a meagre sum of Rs.10,000/- per

month as notional income of the deceased. The Tribunal has granted only

https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021

25% enhancement towards future prospects. The amounts awarded by the

Tribunal under different heads are meagre and prayed for enhancement of

compensation.

6.Per contra, the learned counsel appearing for the 2nd

respondent/Insurance Company contended that the appellants have not filed

any document with regard to avocation and income of the deceased. In the

absence of any material with regard to avocation and income of the deceased,

the Tribunal fixed a sum of Rs.10,000/- per month as notional income of the

deceased, which is excessive. The Tribunal after considering all the materials

on record, awarded compensation, which is not meagre. The appellants have

not made out any case for enhancement of compensation and prayed for

dismissal of the appeal.

7.Heard the learned counsel appearing for the appellants as well as the

learned counsel appearing for the respondents and perused the entire

materials available on record.

https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021

8.It is the contention of the appellants that the deceased was working as

a Mason at the time of accident and was earning a sum of Rs.25,000/- per

month. The appellants have not filed any document and proved the said

contention. The Tribunal in the absence of any evidence with regard to

avocation and income of the deceased, fixed a sum of Rs.10,000/- per month

as notional income of the deceased. The accident is of the year 2017 and the

notional income fixed by the Tribunal is meagre. Considering the age and

nature of work done by the deceased, a sum of Rs.12,000/- per month is

fixed as notional income of the deceased. As per Exs.P3 and P18/Death

certificate and Post-mortem certificate, the deceased was aged 50 years at the

time of accident. The Tribunal, following the judgments of the Hon'ble Apex

Court reported in 2017 (2) TN MAC 609 (SC) [National Insurance Co.

Ltd., Vs. Pranay Sethi and others] and 2009 (2) TNMAC 1 SC (Sarla

Verma and others vs. Delhi Transport Corporation and another), has

rightly granted 25% enhancement towards future prospects and applied

multiplier '13'. There are five dependants of the deceased and the Tribunal has

rightly deducted 1/4th towards personal expenses. Thus, by fixing

Rs.12,000/- as monthly income of the deceased, the compensation awarded

https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021

by the Tribunal towards loss of dependency is modified to Rs.17,55,000/-

(Rs.12,000/- + 3000 [Rs.12,000/- X 25%] X 12 X 13 X 3/4). The amounts

awarded by the Tribunal under all other heads are just and reasonable and

hence, the same are hereby confirmed. Thus, the compensation awarded by

the Tribunal is modified as follows:

                    S.No          Description    Amount         Amount awarded    Award
                                                awarded by       by this Court confirmed or
                                                 Tribunal            (Rs)      enhanced or
                                                   (Rs)                         granted or
                                                                                 reduced
                   1.         Loss of               14,62,500         17,55,000 Enhanced
                              dependency
                   2.         Loss of                  40,000            40,000 Confirmed
                              consortium
                   3.         Loss of love           1,00,000          1,00,000 Confirmed
                              and affection
                   4.         Loss of estate           15,000            15,000 Confirmed
                   5.         Transportation            5,000             5,000 Confirmed
                   6.         Funeral                  15,000            15,000 Confirmed
                              expenses
                              Total                 16,37,500         19,30,000 Enhanced by
                                                                                Rs.2,92,500/-

9.In the result, this Civil Miscellaneous Appeal is partly allowed and

the compensation awarded by the Tribunal at Rs.16,37,500/- is hereby

https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021

enhanced to Rs.19,30,000/- together with interest at the rate of 7.5% per

annum from the date of petition till the date of deposit. The 2nd

respondent/Insurance Company is directed to deposit the award amount now

determined by this Court along with interest and costs, less the amount

already deposited, if any, within a period of six weeks from the date of receipt

of a copy of this judgment. On such deposit, the appellants are permitted to

withdraw their respective share of the award amount now determined by this

Court, as per the apportionment fixed by the Tribunal, along with

proportionate interest and costs, less the amount if any, already withdrawn.