Madras High Court
S.Suriya vs Abdul Rahman Sait on 20 April, 2023
C.M.A.No.3645 of 2021
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2023
CORAM:
THE HONOURABLE Mrs.JUSTICE N.MALA
C.M.A.No.3645 of 2021
S.Suriya ...Appellant
Vs.
1.Abdul Rahman Sait
2.The United India Insurance Company Limited.,
(Third Party Cell), having Registered Office at
No.48, Arcot Road, Saligramam – 600 093. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the decree and judgment dated 22.10.2021 made
in MCOP.No.353 of 2019 on the file of Motor Accident Claims Tribunal, (II
Additional District and Sessions Judge), Tiruvallur at Poonamallee.
For Appellant : Mr.K.Varadha Kamaraj
For R2 : Mr.P.Sankaranarayan
R1 : Vacated
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.3645 of 2021
JUDGMENT
The appeal is filed challenging the judgment and decree dated
22.10.2023 in MCOP.No.353 of 2019 on the file of the Motor Accident
Claims Tribunal, II Additional District and Sessions Court, Tiruvallur at
Poonamallee.
2. The claimant has filed the Appeal for enhancement of
compensation.
3. The facts are that while the deceased was walking on the road
on 06.06.2019, the 1st respondent's motorcycle bearing Reg.No.TN-05-BF-
3760, driven by its driver in a rash and negligent manner came in the same
direction and hit the deceased, due to which the deceased sustained grievous
injuries and was admitted to the Chennai Government Hospital. Inspite of
treatment, the deceased died on 06.06.2019.
4. According to the claimant, the deceased was an agricultural
coolie and was earning a sum of Rs.10,000/- per month. The deceased was
https://www.mhc.tn.gov.in/judis
C.M.A.No.3645 of 2021
aged about 75 years at the time of the accident and therefore the claim
petition was filed claiming a sum of Rs.8,00,000/- as compensation along
with interest and costs.
5. The 1st respondent remained absent before the Tribunal and the
2nd respondent filed a counter denying all the contentions raised in the claim
petition, particularly the negligence, liability and quantum.
6. Before the Claims Tribunal, the claimant examined herself as
PW1 and examined one other witness as PW2, who was an eye witness to
the accident. Exs.P1 to P10 were marked in support of the claim petition.
On the side of the respondents two witnesses were examined and the copy
of the Policy was marked as Ex.R1.
7. The Tribunal awarded a sum of Rs.3,10,000/- as compensation.
Not satisfied with the compensation awarded by the Tribunal, the claimant
has filed the above appeal. As the appeal is filed for enhancement of
compensation the findings regarding liability and negligence are not
discussed.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3645 of 2021
8. According to the appellant's counsel the Tribunal erred in
assessing the notional income of the deceased at Rs.6,000/- per month,
when the claim was made for Rs.10,000/-. The learned counsel for the
appellant submits that as the accident took place in 2019, the reasonable
income of Rs.7,500/- ought to have been fixed by the Tribunal. On the
amounts awarded under the conventional heads, the learned counsel fairly
submit that there is no dispute.
9. The learned counsel for the 2nd respondent on the other hand
submitted that the award of the Tribunal is fair and reasonable and does not
call for interference.
10. I have heard both the counsel and considered the materials
placed on record.
11. The Tribunal has fixed the notional income at Rs.6,000/- per
month and in my view, the learned counsel for the claimant is justified in his
submission that as the accident took place in 2019 and considering that the
value of money had decreased due to inflation the fair and reasonable
https://www.mhc.tn.gov.in/judis
C.M.A.No.3645 of 2021
amount would be Rs.7,500/- per month. Therefore, the income of the
deceased is fixed at Rs.7,500/- per month. With respect to the award
towards conventional heads, as there is no dispute, the same is confirmed.
Accordingly, the loss of income is calculated as follows and the Award is
modified as under.
Sl. Heads Calculation
No.
1. Income Notional Income Rs.7,500/- per month
2. Personal Expense 1/3 Deducted as personal expenses of the
deceased in 1/3rd of 7,500/-
Rs.7,500/- - Rs.2,500/- = Rs.5,000/-
The Annual Income is Rs.5,000/- x 12
= Rs.60,000/- p.a.
3. Compensation Multiplier of “5” is Rs.60,000/- x 5 = Rs.3,00,000/-
applied
4. Conventional Heads:-
1) Loss of Consortium : Rs.40,000/- Rs.40,000/-
2) Loss of Estate : Rs.15,000/- Rs.15,000/-
3) Funeral Expenses : Rs.15,000/- Rs.15,000/-
----------------
Rs.70,000/-
----------------
Total Rs.3,00,000/- + Rs.70,000/-
=Rs.3,70,000/-
12. Thus, the award of the Tribunal is modified and the appellant
is entitled to Rs.3,70,000/- as compensation. It is submitted by the learned
https://www.mhc.tn.gov.in/judis
C.M.A.No.3645 of 2021
counsel for the 2nd respondent that the entire award amount has already been
deposited along with accrued interest and costs. Therefore, a direction is
issued to the 2nd respondent to deposit the enhanced amount of Rs.60,000/-
along with 7.5% interest within a period of six (6) weeks from the date of
receipt of a copy of the order. On such deposit being made, the claimant is
entitled to withdraw the same by making proper application before the
Tribunal.
13. In the result, the Civil Miscellaneous Appeal is partly
allowed. No costs.
20.04.2023
dsa
Index :Yes/No
Internet :Yes/No
Nuetral Citation :Yes/No
Speaking order /Non-speaking order
https://www.mhc.tn.gov.in/judis
C.M.A.No.3645 of 2021
To:-
The II Additional District and Sessions Judge,
Motor Accident Claims Tribunal,
Tiruvallur at Poonamallee.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3645 of 2021
N.MALA, J.
dsa
C.M.A.No.3645 of 2021
20.04.2023
https://www.mhc.tn.gov.in/judis
