Madras High Court

A.Muthukani vs G.K.Balan on 3 April, 2023

                                                                            C.M.A.No.3699 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 03.04.2023

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                                    C.M.A.No.3699 of 2019

                     1.A.Muthukani
                     2.Kanagavalli
                     3.Rajalingam
                     4.Ravikumar
                     5.Sumathi
                     6.Baskar                                                      .. Appellants
                                                            Vs.
                     1. G.K.Balan
                     2.United India Insurance Co., Ltd.,
                       No.134, Silingi Building, Greams Road,
                       Chennai – 600 006.
                     3.V.Selvi                                                    ..Respondents

                     Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of
                     the Motor Vehicles Act, 1988, against the judgment and decree dated
                     06.12.2017 made in MCOP.No.2230 of 2015 on the file of the Motor
                     Accident Claims Tribunal (Chief Small Causes Court) Chennai.
                                  For Appellants            : Mr.K.Varadha Kamaraj
                                  For Respondents           : Mr.D.Bhaskaran for R2
                                                              No appearance for R1


                     1/11




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                                                                                 C.M.A.No.3699 of 2019


                                                    JUDGMENT

The Judgment and Decree dated 06.12.2017 passed in

MCOP.No.2230 of 2015 on the file of the Motor Accident Claims Tribunal

(Chief Small Causes Court) Chennai, is under challenge in the present Civil

Miscellaneous Appeal.

2. The Appellants/claimants unsatisfied with the quantum of

compensation awarded by the Tribunal under the impugned award, has

preferred this appeal seeking for enhancement.

3. The Motor Accidents Claim Tribunal, under the impugned

award, has awarded a compensation of Rs.13,89,510/- together with interest

and costs to the Appellants/claimants which is detailed hereunder:

                                           Heads              Award Amount
                                                                  (Rs.)
                                  Loss of pecuniary                        1,44,000/-
                                  benefits
                                  (Rs.3000-600 x 12 x5)
                                  Consortium                                40,000/-






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                                                                               C.M.A.No.3699 of 2019


                                           Heads               Award Amount
                                                                   (Rs.)
                                  Medical Expenses                       7,79,510/-
                                  Loss of Estate                           15,000/-
                                  Funeral Expenses                         15,000/-
                                  Total                                  9,93,510/-

4. Before the Tribunal, the Appellants/claimants has examined two

witnesses and filed 30 documents which were marked as Ex.P1 to Ex.P30.

On the side of the respondents, neither any witness was examined before the

Tribunal nor any document was filed.

5. The learned counsel appearing on behalf of the appellants mainly

contended that the compensation awarded by the Motor Accident Claims

Tribunal is very meagre. The deceased was running a shop and was earning

about Rs.5,00,000/- per annum and there is a loss of earning power. All

these aspects have not been considered by the Tribunal. In contrary, the

Tribunal has fixed the loss of income at Rs.1,44,000/-, which is improper

and inadequate and arrived at a total compensation of Rs.9,93,510/-. He

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further submitted that the Tribunal has erred in fixing the income of the

deceased at Rs.3000/- per month as against the monthly income of the

deceased at Rs.20,000/- per month. It ought to have fixed the income of the

deceased at Rs.2,76,100/- per annum as per oral evidence of PW1 and as per

Ex.P12 to Ex.P14. It erred in not awarding any amount towards love and

affection to the appellants 2 to 6 who lost their father and pain and

sufferings. It has also erred in awarding Rs.40,000/- towards loss of

consortium to the 1st appellant which is on lower side. The amount granted

under other heads are also on lower side. Hence, he prays for enhancement

of the appeal.

6. The learned counsel appearing on behalf of the second

respondent/Insurance Company disputed the contentions by stating that the

Tribunal has assessed the compensation with reference to the documents

produced by the claimants. There is no proof to establish the monthly

income of the deceased. Thus, in the absence of any document to establish

the monthly income, the Tribunal has arrived at the conclusion and fixed the

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monthly income of the deceased rightly at Rs.3,000/- and awarded a

reasonable compensation of Rs.9,93,510/-. Thus, the appeal is devoid of

merits and is to be dismissed.

7. On perusal of records, it is seen that the accident occurred on

20.11.2014 at about 7.30 p.m., when the deceased was travelling as a pillion

rider on the two wheeler bearing Regn.No.TN-10-U-4206 on GST road

proceeding from Meenambakkam bridge towards Guindy, a car bearing

Regn.No.TN-10-Q-8584, driven by its driver, in a rash and negligent

manner, on the same direction, suddenly turned left side and dashed against

the right side of the two wheeler, due to which, the deceased was thrown

away with fatal injuries and died on 15.01.2015 in the Hospital.

8. The Tribunal adjudicated the issues with reference to the

documents and evidences produced by the respective parties. The

negligence was attributed against the driver of the car, who is the 1st

respondent herein. The findings of the Tribunal is that the car driver had

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driven the vehicle in a rash and negligent manner which resulted in an

accident. As far as the quantum of compensation is concerned, the Tribunal

has fixed Rs.3,000/- as monthly income of the deceased. Therefore, this

Court is of the considered opinion that the accident occurred in the year

2014 and fixing a sum of Rs.3,000/- is on the lesser side. Thus, considering

the year of the accident and the prevailing economic situation, this court fix

a sum of Rs.7,500/- p.m., as the income of the deceased. The two daughters

of the deceased are married and having three major sons. Hence one-third

of his income would be deducted towards personal expenses. However, the

multiplier adopted by the Tribunal at 5 is a correct assessment. Accordingly,

this court is inclined to grant a sum of Rs.3,00,000/- (7500 x 1/3 = 2500,

7500 -2500 =5000 x 12 x5 = 3,00,000/-) towards loss of income. Further,

the compensation awarded by the Tribunal under the other heads namely

loss of love and affection to the appellants are also inadequate and the same

has to be enhanced. Accordingly, it is just and reasonable to enhance the

compensation at Rs.40,000/- each towards Love and Affection to the

appellants 2 to 6.

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9. Insofar as the other heads of the compensation are concerned, the

assessment of the compensation under the said heads by the Tribunal is a

just compensation and it does not call for any interference by this Court.

10. For the foregoing reasons, the award passed by the Tribunal is

modified as follows:

                                          Heads             Amount awarded      Award Amount
                                                             by the Tribunal     by this Court
                                                                  (Rs.)              (Rs.)
                                  Loss of Income                   1,44,000/-        3,00,000/-
                                                                 (3000-600 x (7500-2500 x12 x5)
                                                                       12x5)
                                  Loss of Consortium to             40,000/-            40,000/-
                                  1st appellant
                                  Medical Expenses                 7,79,510/-          7,79,510/-
                                  Loss of Estate                    15,000/-            15,000/-
                                  Funeral Expenses                  15,000/-            15,000/-
                                  Total                            9,93,510/-         13,89,510/-
                                       11. In the result,

(i) The Civil Miscellaneous Appeal is partly allowed. No costs.

(ii) Thus, the appellants / claimants are entitled to the enhanced

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compensation of Rs.13,89,510/-. It is made clear that for the enhanced

amount of Rs.13,89,510/-, the interest rate of 7.5% shall be calculated from

the date of filing of this appeal.

(iii). The second respondent/Insurance Company is directed to deposit

the enhanced compensation as ordered above, 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 Tribunal is directed to

transfer the award amount along with accrued interest to the bank account

of the appellants/claimants through RTGS within a period of two weeks