Madras High Court
Mukkani vs V.Elumalai on 3 April, 2023
C.M.A.No.1869 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.1869 of 2019
1.Mukkani
2.Umamaheswari (Minor)
3.Premkumar(Minor)
4.Pradeepkumar (Minor)
Minors 2 to 4 represented by mother/1st appellant
5. Munusamy ... Appellants
..Vs..
1.V.Elumalai
2.Reliance General Insurance Company Limited.,
628, Anna Salai
Teynampet,
Chennai – 600 018. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 25.08.2012 made
in MACTOP.No.80 of 2010 on the file of the Motor Accident Claims
Tribunal (IV Judge, Small Causes Court, Chennai).
For Appellants : Ms.A.Subadra
For Respondents : Mr.E.Rajadurai for R2
1/9
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C.M.A.No.1869 of 2019
for Mr.M.B.Gopalan Associates
JUDGMENT
This appeal has been filed by the claimants seeking enhancement of
compensation under the impugned award dated 25.08.2012 passed by the IV
Judge, Small Causes Court, Chennai / Motor Accident Claims Tribunal, in
MACTOP No. 80 of 2010.
2. The appellants unsatisfied with the quantum of compensation
awarded by the Tribunal under the impugned award have preferred this
appeal seeking enhancement.
3. The details of the compensation awarded by the Tribunal under the
impugned award are as follows:
Heads Award Amount
(Rs.)
Loss of Dependency 9,36,000/-
(Rs.5000 + 30% x ¼ x12
x16 multiplier)
Loss of Consortium 10,000/-
Funeral expenses 10,000/-
Love & Affection 50,000/-
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C.M.A.No.1869 of 2019
Heads Award Amount
(Rs.)
Loss of Estate NIL
Total 10,06,000/-
4. The learned counsel appearing for the appellants submitted that the
deceased was a kothanar and was earning a sum of Rs.15,000/- per month,
however, the Tribunal has erred in fixing the monthly income of the
deceased as Rs.5000/- and 30% was added towards “ Future Prospects”.
Further, he submitted that though the age of the deceased was 37 years at
the time of accident, the Tribunal has not awarded any amounts towards
"Loss of Estate". She also submitted that the compensation awarded under
the other heads also very meagre and hence, prayed for enhancement of
compensation.
5. The learned counsel appearing for the second respondent/
Insurance Company submitted that after considering the oral and
documentary evidence on record, the Tribunal has awarded a just and
reasonable compensation and therefore, the award passed by the Tribunal
does not warrant any interference by this court.
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C.M.A.No.1869 of 2019
6. As seen from the impugned award, the Tribunal has awarded only
30% towards loss of future prospectus which is very meagre since the age of
the deceased is only 37 years at the time of accident. As per the decision of
the Constitution Bench of the Hon'ble Supreme Court of India in National
Insurance Company Limited Vs. Pranay Sethi and others reported in 2017
(2) TN MAC 609 (SC), 40% should be added towards "Future prospects".
Accordingly, this Court grants 40% towards loss of future prospectus to the
appellants/claimants.
7. It is contended by the claimants that the deceased was working as
Kothanar and was earning a sum of Rs.15,000/- per month. However, no
proof of income was filed to prove the income of the deceased. Therefore,
considering the year of the accident and the age of the deceased, the
Tribunal has erroneously fixed the monthly income of the deceased as
Rs.5,000/- and hence the same needs revisit. The Tribunal has erroneously
applied the multiplier '16' since the deceased was aged 37 years at the time
of accident as per Ex.P2 namely, copy of the postmortem certificate.
Therefore, proper multiplier to be adopted in the instant case is '15' , as per
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C.M.A.No.1869 of 2019
per the decision rendered in Sarla Varma and others Vs. Delhi Transport
Corporation and another reported in (2009) 6 SCC 121. In the instant
case, the deceased was died as a family man. Therefore the Tribunal has
rightly deducted, 1/4th of income towards personal expenses of the deceased.
Thus, loss of dependency is calculated as 6000 + 40% x ¼ x 15 x 12 =
11,34,000/-. Accordingly a sum of Rs.11,34,000/- is awarded towards "
Loss of dependency ". Apart from this amount, the claimants 2 to 5 are
entitled to Rs.40,000/- each towards " Loss of love and affection " and the
deceased died at the age of 37 years and hence this court grants a sum of
Rs.15,000/- towards "Loss of estate". Similarly the award granted under the
head of Funeral expenses at Rs.10,000/- seems to be on lower side and
hence this court grants a sum of Rs.15000/- under the head of funeral
expenses.
8. In addition to the pecuniary loss sustained by the appellants, the
Tribunal has granted the compensation of Rs.10,000/- towards loss of
consortium to the wife of the deceased, Rs.50,000/-(Rs.10000/- each)
towards love and affection of the appellants and Rs.10000/- towards funeral
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C.M.A.No.1869 of 2019
expenses. However, the compensation awarded by the Tribunal towards
loss of consortium, funeral expenses and love and affection are low in the
considered view of this Court. As per the settled practice, the compensation
of Rs.10,000/- is enhanced to Rs.40,000/- towards loss of consortium;
from Rs.10000/- is enhanced to Rs.15,000/- towards funeral expenses, by
this Court. The Tribunal has erroneously failed to award any compensation
towards loss of estate for which they are legally entitled to as per the settled
practice. Accordingly, a sum of Rs.15,000/- is awarded as compensation to
the appellants towards loss of estate.
9. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced from Rs.10,06,000/- to Rs.13,64,000/- as detailed
hereunder.
Heads Amount Award Amount
awarded by the (Rs.)
Tribunal
Loss of Dependency 9,36,000/- 11,34,000/-
(5000 + 30% x ( 6000 x + 40% x ¼ x15
¼ x 12 x 16) x12)
Loss of Consortium 10,000/- 40,000/-
Loss of Love & 50,000/- 1,60,000/-
affection to claimants
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C.M.A.No.1869 of 2019
Heads Amount Award Amount
awarded by the (Rs.)
Tribunal
2 to 5
Loss of Estate NIL 15,000/-
Funeral Expenses 10,000/- 15,000 /-
Total 10,06,000/- 13,64,000/-
10. In the result, this appeal is partly allowed. However, the
rate of interest fixed by the Tribunal at the rate of 7.5% is confirmed.
The second respondent/Insurance Company is directed to deposit the
enhanced award amount of Rs.13,64,000/- along with interest and
costs, after deducting the amount already deposited, if any, to the credit of
MACTOP.No.80 of 2010 within a period of six weeks from the date of
receipt of a copy of this Judgment, thereafter, recover the same from the
owner of the vehicle, in accordance with law. On such deposit being made,
the Tribunal is directed to transfer the award amount along with accrued
interest as per the order of this Court to the appellants/claimants through
RTGS within a period of two weeks thereafter. No costs.
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C.M.A.No.1869 of 2019
11. On such deposit being made, the first and fifth appellants are
permitted to withdraw their respective shares as per the ratio apportioned by
the Tribunal by filing appropriate applications. Insofar as the minor
petitioners 2 to 4 are concerned, their share of award amount shall be
deposited in any one of the Nationalised Banks till they attain majority and
A.A.NAKKIRAN., J.
gv
the first appellant/mother of the minor appellants 2 to 4 is permitted to
withdraw the interest accrued once in six months.
03.04.2023
Index:Yes/No
Internet:Yes/No
gv
To
1. The Motor Accident Claims Tribunal
(IV Judge, Small Causes Court, Chennai).
2.The Section Officer
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C.M.A.No.1869 of 2019
V.R.Section, High Court of Madras.
C.M.A.No.1869 of 2019
https://www.mhc.tn.gov.in/judis
