Madras High Court
Minor Diwan Mohamed vs Sankarasubramanian on 20 April, 2023
C.M.A.(MD)No.20 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.20 of 2023
Minor Diwan Mohamed
Through his grandfather and
next guardian Mohammed Abubacker,
S/o.Sultan Salhahudin,
No.3-A/1, Bangalow street,
Pettai, Tirunelveli. ...Appellant/Petitioner
Vs.
1.Sankarasubramanian
2.Iffco-Tokio General Insurance Company Ltd.,
Through its Branch Manager,
No.885/1-A, V.V.Complex,
North Bye Pass Road,
Vannarapettai,
Tirunelveli. ...Respondents/Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section173 of Motor
Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.no.895 of
2010 on the file of the Motor Accident Claims Tribunal, (3rd Additional District
and Sessions Judge), Tirunelveli, dated 07.03.2013.
1/8
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C.M.A.(MD)No.20 of 2023
For Appellant : Mr.T.Selvakumaran
For R2 : Mr.V.Sakthivel
For R1 : Exparte
JUDGMENT
Not satisfying with the quantum fixed by the Motor Accident Claims
Tribunal in M.C.O.P.No.895 of 2010 on the file of the Motor Accident Claims
Tribunal (III Additional District and Sessions Court), Tirunelveli, dated
07.03.2013, the claimant had preferred this appeal.
2.For the sake of convenience, the parties herein are referred to as per their
rank before the Tribunal.
3.The brief facts, leading to the filing of the civil miscellaneous appeal, are
as follows:-
(i) The deceased is the mother of the claimant. She was travelling as a
pillion rider in a motorcycle bearing Registration No.TN-74-H-0748. When the
two wheeler was coming near Sripuram Bus Stop, an auto bearing Registration
No.TN-72-B-9677 came in a rash and negligent manner and dashed against the
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C.M.A.(MD)No.20 of 2023
two wheeler from the behind. As a result, the deceased was thrown away from the
two wheeler and succumbed to injuries. A case was also registered against the
driver of the auto for the offences under Sections 279, 304(A) IPC in Crime No.
209 of 2010. The deceased was aged about 34 years. He was a tailor by
profession and he was earning a sum of Rs.5,000/- per month. Hence, the claim
petition was filed.
(ii)The second respondent before the Tribunal took a stand that the hair
of the deceased got stuck in the hook in the auto, due to which she fell down. The
auto did not dash the two wheeler as stated by the claimant. Hence, he opposed
the claim petition.
4.Before the Tribunal, on the side of the claimants, P.W.1 and P.W.2 were
examined and Ex.P1 to Ex.P16 were marked. On the side of the defendants no
oral and documentary evidence were marked.
5.The Tribunal after analysing the evidence of P.W.1 and P.W.2, FIR, Motor
Vehicles Inspector Report and rough sketch, had fixed the negligence on the part
of the driver of the auto and fixed the monthly income of the deceased at
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C.M.A.(MD)No.20 of 2023
Rs.4,500/-. Challenging the same, the present appeal had been filed seeking
enhancement of compensation by the claimant.
6.The learned counsel for the appellant submitted that the the deceased was
tailor by profession and she was 34 years old at the time of accident. She was
earning a sum of Rs.7,500/- per month. Whereas the Tribunal had fixed only a
sum of Rs.4,500/- as monthly income of the deceased and the same is very meager.
Hence, the same has to be enhanced.
7.The learned counsel for the respondent would submit that the Tribunal
after analysing the entire materials on record had awarded the compensation and
the same does not require any interference.
8.In view of the above submissions, now the point arise for consideration in
this appeal is:
1.Whether the compensation fixed by the Tribunal is just and
reasonable or requires to be enhanced?
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C.M.A.(MD)No.20 of 2023
9.Admittedly, the negligence fixed on the part of the offending vehicle is not
disputed. The Tribunal had fixed Rs.4,500/- as monthly income of the deceased.
The deceased was tailor by profession. The said fact had been clearly established
and pleaded by P.W.1. The accident was occurred in the year 2010. Hence, the
deceased would have easily earned a sum of Rs.6,000/- per month. But, the
tribunal had erred in adopting the monthly income of Rs.4,500/-. Hence, this
Court fixes the notional income of the deceased at Rs.6,000/- (Rupees Six
Thousand only) per month. Considering the age of the deceased, 40% (Rs.
2,400/-) future prospects is added and 1/3 of her income is deducted towards her
personal expenses, hence, the monthly income of the deceased is fixed at
Rs.5,600/- (Rupees Five Thousand Six Hundred only). If multiplier 16 is adopted,
the total loss of dependency would come around Rs.10,75,200/- (Rupees Ten
Lakhs Seventy Five Thousand and Two Hundred only).
10.The compensation awarded under the head 'loss of love and affection' to
a minor child is also meagre and the same is enhanced to Rs.40,000/- (Rupees
Forty Thousand only) and compensation awarded under the head of Funeral
expenses is also enhanced to Rs.15,000/- (Rupees Fifteen Thousand only).
Further, the Tribunal had erred in not awarding compensation towards loss of
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C.M.A.(MD)No.20 of 2023
estate. Hence, this Court is inclined to award a sum of Rs.15,000/- (Rupees
Fifteen Thousand only) under the head 'Loss of estate'. In fine, the claimant is
entitled to the following compensation:
S.No. Head Amount
1. Loss of dependency Rs.10,75,200/-
2. Loss of Love and Affection Rs. 40,000/-
3. Funeral Expenses Rs. 15,000/-
4. Loss of estate Rs. 15,000/-
Total Rs.11,45,200/-
11.In the result, the compensation awarded by the Tribunal is enhanced and
the Civil Miscellaneous Petition is allowed.
12.The Insurance Company is directed to deposit the entire compensation as
modified by this Court with interest and costs, excluding the period of delay, to the
credit of M.C.O.P.No.895 of 2010, on the file of the Motor Accident Claims
Tribunal / III Additional District and Sessions Court, Tirunelveli within a period of
one month from the date of receipt of copy of this judgment, less the amount, if
any already deposited. The Tribunal shall deposit the entire compensation in a
Fixed Deposit in any one of the Nationalized Banks, till the minor claimant attains
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C.M.A.(MD)No.20 of 2023
majority. The guardian of the minor is permitted to withdraw the interest accrued
thereon once in three months directly from the bank. No costs.
20.04.2023
NCC : Yes / No
Index : Yes/No
Internet : Yes/No
ta
To
1.The Motor Accident Claims Tribunal/
III Additional District and Sessions Court, Tirunelveli.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD)No.20 of 2023
N.SATHISH KUMAR, J.
ta
C.M.A.(MD)No.20 of 2023
20.04.2023
https://www.mhc.tn.gov.in/judis
