Madras High Court
R.Soundrapandiyan vs A.R.N.Suresh on 14 September, 2022
C.M.A.No.577 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.577 of 2013
1.R.Soundrapandiyan
2.S.Bharathi @ Sivabaggiyam ... Appellants / Petitioners
Vs
1.A.R.N.Suresh
2.The National Insurance Co. Ltd.
Division Office
Vellore. ... Respondents / Respondents
[R1 - Exparte in lower Court, hence dispensed with]
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the fair and decretal order dated 26.11.2010
passed in M.C.O.P.No.88 of 2007 by the learned Sub Judge, Motor
Accident Claims Tribunal, Cheyyar and held that the second respondent
Insurance Company is liable to pay the compensation allowing the above
CMA.
1/8
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C.M.A.No.577 of 2013
For Appellant : Mr.M.Selvam
For Respondents : Mr.M.Krishnamoorthy [R2]
JUDGMENT
The petitioners are the appellants herein seeking enhancement of the
Award passed in M.C.O.P.No.88 of 2007 by the Motor Accident Claims
Tribunal, Sub Court, Cheyyar.
2.The facts in brief, which are necessary for disposing of the above
petition are herein below narrated.
3. The appellants had filed the claim petition seeking a compensation
for the death of their daughter, Abhirami in a road accident on 14.08.2006.
The said Abhirami was aged about 22 years and doing her 3rd year
bachelor's decree in Audiology speech language, pathology, at Ramachandra
Medical College, Chennai. They had claimed a compensation of a sum of
Rs.25,00,000/-. It is the case of the appellants that on the said date, at about
16.45 hours, when Abhirami was proceeding in a Hero Honda motor cycle,
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C.M.A.No.577 of 2013
a container lorry belonging to the first respondent and insured with the
second respondent-Insurance Company had come from the rear and hit
against the vehicle in which the said Abhirami was travelling. The said
Abhirami died on the spot.
4.The first respondent, owner of the container lorry had not
participated in the proceedings and was set ex-parte.
5. The second respondent-Insurance Company had questioned the
compensation claimed by the appellants. They had further submitted that
the said Abhirami did not possess an effective driving licence for driving her
two wheeler and the compensation claimed by the appellants is excessive,
considering the fact that the deceased was a student at the time of accident.
They had also put the first respondent to strict proof of the fact that the
vehicle had a subsisting insurance cover, permit and the driver of the lorry
had a valid driving licence at the time of the accident.
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C.M.A.No.577 of 2013
6.Ultimately, the Tribunal held that the driver of the container lorry
was equally responsible for the death of the said Abhirami and a
compensation of a sum of Rs.4,31,000/- was awarded. The Tribunal had
adopted a notional income of Rs.4,000/-, from out of which, 50% was
deducted towards the personal expenses. Aggrieved by the compensation
awarded by the Tribunal, the appellants have moved this Court.
7.Heard the learned counsel on either side and perused the materials
available on record.
8.Admittedly, the deceased was a medical student and her prospects
after her graduation would definitely be good. Therefore, a sum of
Rs.4,500/- is taken towards the notional income, to which, 40% has to be
added towards future prospects. Therefore, the monthly income would be a
sum of Rs.6,300/-, out of which, the deceased being a bachelor, 50% has to
be deducted towards the personal expenses leaving a sum of Rs.3,150/- as
monthly contribution to the family. Considering the age of the deceased, a
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C.M.A.No.577 of 2013
multiplier of 18 has to be adopted. Therefore, the amount under the head of
loss of dependency would stand enhanced to a sum of Rs.6,80,400/-
(Rs.3,150 x 12 x 18), which is as follows:-
Heads Amount by the Amount
Tribunal Awarded by
in Rs. this Court
in Rs.
Loss of income 3,84,000 6,80,400
(2,000 x 12 x (3,150 x 12 x 18)
16)
Funeral Expenses 5,000 5,000
Transportation 2,000 2,000
Loss of love and affection 40,000 40,000
(Rs.20,000/- each)
Total 4,31,000 7,27,400
9. The appeal is partly allowed and the Award of the Tribunal is
modified, enhancing the compensation amount from Rs.4,31,000/- to
Rs.7,27,400/-. The respondents are directed to deposit the said amount
jointly and severally to the credit of M.C.O.P.No.88 of 2007 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
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C.M.A.No.577 of 2013
of a copy of this judgment. The said amount shall be apportioned amongst
the claimants as per the Award of the Tribunal. On such deposit being
made, the claimants are permitted to withdraw the award amount, along
with accrued proportionate 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 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.
14.09.2022
Index : Yes / No
Speaking order / Non-speaking order
srn
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C.M.A.No.577 of 2013
To
1.The Subordinate Judge,
Motor Accident Claims Tribunal,
Cheyyar.
2.The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A.No.577 of 2013
P.T.ASHA, J.,
srn
C.M.A.No.577 of 2013
14.09.2022
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