Madras High Court

Ramachandran vs Manimaran on 26 April, 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED: 26.04.2023

                                                  CORAM:

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                      C.M.A(MD)No.321 of 2023
                                                and
                                      C.M.P(MD)No.3963 of 2023

                     1.Ramachandran

                     2.Sarulatha

                     3.Santhiya

                     4.Yogalakshmi

                     5.R.Arul Ramalingam               :Appellants/Petitioners

                                           .vs.

                     1.Manimaran

                     2.The Divisional Manager,
                       The Oriental Insurance Company Limited,
                       4, Barathithasan Salai,
                       Cantonment,
                       Trichirappalli District        :Respondents/Respondents



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act against    the judgment and decree made in
                     M.C.O.P.No.32 of 2020, dated 1.9.2022, on the file of the Motor
                     Accidents Claims Tribunal/Special District Judge, Trichirappalli,
                     seeking enhancement of compensation of Rs.10,00,000/-.




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https://www.mhc.tn.gov.in/judis
                                       For Appellant              :Mr.M.Sudhagar Nagaraj

                                       For Respondent-2            :Mr.A.Ilango

                                                     JUDGMENT

*************

This Civil Miscellaneous Appeal has been filed by the

claimants seeking enhancement of compensation awarded by the

Tribunal.The trial Court has granted compensation as follows:

1.Loss of Dependency - Rs.11,97,900/-

2.for transport expenses - Rs.10,000/-

                     3.For loss of estate                 -Rs.10,000/-
                     4.For loss of consortium
                       to the first petitioner            - Rs.35,000/-
                     5.For loss of parental               -Rs.1,40,000/-
                       consortium to the
                       Petitioners 2 to 5.
                     6.For funeral expenses                -Rs.10,000/-
                                                           ----------------------
                                             total         -Rs.14,02,900/-
                                                           -----------------------

2.The parties are referred to herrein as per their ranking

before the Tribunal.

3.The brief facts leading to the filing of the appeal is as

follows:

The deceased travelled as a pillion rider in a motor-cycle

bearing Registration No. TN 49 A 0182 driven by the second

petitioner with her mother as pillion rider on 9.2.2018. At about

https://www.mhc.tn.gov.in/judis 1.45 p.m., while returning from Trichy Amma Mandapam, the bus

bearing Registration No. TN 45 AE 5477 came in a rash and

negligent manner and dashed the two wheeler from the behind.

As a result, the deceased succumbed to injuries. A crime has been

registered against the driver of the offending vehicle. The deceased

was 54 years at the time of death. He was also a partner in Arul

Electronics, besides he is also working in a hospital and drawing

Rs.50,000/- p.m. Hence the legal heirs of the deceased filed the

claim petition claiming compensation.

4.The second respondent Insurance Company took a defense

that the bus was driven by its driver in a cautious manner, however,

the driver of the two-wheeler dashed against the bus. The age and

income of the deceased was also disputed.

5.On the side of the Petitioners, P.W.1 was examined and

Ex.P1 to Ex.P13 were marked. On the side of the respondents, R.W.

1 was examined and no documents marked and Ex.X 1 was also

marked.

6.Based on the evidence, the Tribunal has come to the

conclusion that only the driver of the offending vehicle was

https://www.mhc.tn.gov.in/judis negligent in driving the vehicle and fixed the notional income of the

deceased at Rs.11,000/-p.m. The Tribunal has disbelieved the

income tax return only on the ground that Form-26 has not been

filed and arrived at the compensation as stated above. Challenging

the above said compensation, the present appeal has been filed by

the claimants seeking enhancement of compensation.

7.During the pendency of the appeal, Petition for receipt of

additional documents in C.M.P(MD)No.3963 of 2023 has been filed

for receipt of return for the year 2015-16, 2016-2017 and

2017-2018. Besides the bank details for the year 2015-16 which is

also received and marked as Ex.P12,13 and 14 with bank

statement and the Petition is ordered accordingly. The receipt of all

these documents has not been objected by the respondents and the

additional documents filed is income tax returns and Form-26 of

the Income-Tax Department supported by the bank statements to

prove the transaction of the deceased two year prior to the death.

8.The learned counsel for the appellants would submit that

the admitted documents has not been considered by the Tribual

merely on the ground that Form-26 has not been filed. The learned

counsel for the second respondent/Insurance Company fairly

https://www.mhc.tn.gov.in/judis submitted that on verification of these documets and on proper

enquiry made, it is found that those documents are proper and

necessary for arriving at a just compensation.

9.Considering the above submissions and on a perusal of the

additional documents and the income tax returns for the year

2015-16, 2016-17 and 2017-18 and that income tax for the year

2015-16 is Rs.4,70,120/- and the gross total income for the year

2016-17 is Rs.4,97,241/- and for the year 2017-18, the gross total

income is 5,03,080/-.Therefore the average total for three years

comes to Rs.4,90,147/- and from this one fourth has to be

deducted towards personal expenditure of the deceased and the

same is to be multiplied multiplier of 11.

10.In general, upto Rs.2,50,000/- income tax is nil and from

Rs.2.5 lakhs to Rs.5 lakhs income tax is at 5% and from Rs.5 lakhs

to Rs.10 lakhs it is 10%. If the same is applied, the total tax comes

to Rs.12,500/- and if the same is deducted, the total income comes

to Rs.4,77,647/- and if one fourth is deducted towards personal

expenditure of the deceased the total income comes to Rs.

3,58,235/- and if the same is multiplied multiplier of 11 applicable

to the age group of 54 the loss of dependency comes to Rs.

https://www.mhc.tn.gov.in/judis 39,40,587.75/-. The other conventional heads ie.,loss of consortium

to the first petitioner and loss of parental consortium to the

Petitioners 2 to 5 are enhanced from Rs.35,000/- each to Rs.

40,000/- each and the total comes to Rs.2 lakhs.Transport expenses

awarded by the Tribunal at Rs.10,000/- is confirmed, loss of estate

awarded at Rs.10,000/- is enhanced to Rs.15,000/- and award of Rs.

10,000./- awarded by the Tribunal towards funeral expenses is

enhanced to Rs.15,000/-. Thus the total compensation payable to

the claimants is Rs.41,80,587.75/- which is tabulated as follows:

S.No Name of the Awarded by Awarded by Remarks heads the Tribunal this Court 1 For loss of Rs. Rs. enhanced dependency 11,97,900/- 39,40,587.7 5/-

                      2           For     loss     of Rs.          Rs.           enhanced
                                  consortium to the 1,40,000/-     2,00,000/-
                                  first    petitioner +Rs.         (Rupees
                                  and     loss     of 35,000/-     40,000/-
                                  parental            (Rs.         each)
                                  consortium to the 1,75,000/-)
                                  petitioners 2 to 5
                      3           For      funeral Rs.10,000/-     Rs.15,000/-   Enhanced
                                  expenses
                      4           For loss of estate Rs.10,000/-   Rs.15,000/-   Enhanced

                      5.          For     transport Rs.10,000/-    Rs.10,000/-   Same
                                  expenses
                      6.          Total             Rs.            Rs.         enhanced
                                                    14,02,900/-    41,80.587.7
                                                                   5/-



https://www.mhc.tn.gov.in/judis

With interest at the rate of 7.5%p.a., from the date of claim petition

till the date of realization.

11. In the result, the Civil Miscellaneous Appeal is allowed

and enhancing the compensation from Rs.14,02,900/- to Rs.

41,80,587.75/- with interest at the rate of 7.5%pa., from the date of

claim petition till the date of realization. The

respondent/Insurance Company is directed to deposit the

enhanced award amount with accrued interest and costs, less the

award amount, if any already deposited, to the credit of claim

petition before the Tribunal within a period of four weeks from the

date of receipt of a copy of this judgment. On such deposit being

made the claimants are entitled to equal share ie.,Rs.8,36,115.55/-