Madras High Court
Shamshad vs National Switch Gears on 9 August, 2023
C.M.A.No.1680 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1680 of 2023
1.Shamshad
2.Rizwana
3.Rashith ... Appellants
Vs
1.National Switch Gears,
No.94-B/33, Sidco Industrial Estates,
Ambattur, Chennai – 98.
2.The Divisional Manager,
United India Insurance Company Limited,
3rd Floor, Door No.147/58C, Kamarajar Street,
Kancheepuram. ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 22.11.2021 made
in M.C.O.P.No.632 of 2017 on the file of the Motor Accident Claims
Tribunal, Additional District Court (FTC), Kanchipuram.
For Appellants : Mr. M. Lokesh
For Respondents : Mrs. R. Sree Vidhya, for R2
R1 – Ex parte
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellants
challenging the quantum of compensation granted by the Tribunal in the
award dated 22.11.2021 made in M.C.O.P.No. 632 of 2017 on the file of the
Motor Accident Claims Tribunal, Additional District Court (FTC),
Kanchipuram.
2. The appellants filed M.C.O.P. No.632 of 2017 on the file of the
Motor Accident Claims Tribunal, Additional District Court (FTC),
Kanchipuram claiming a sum of Rs.25,00,000/- as compensation for the
death of one Shaik Sanaulla, who died in the accident that took place on
26.06.2017.
3. According to the appellants, on 26.06.2017 at about 07.20 am,
while the deceased Shaik Sanaulla along with his two sons viz., Bilal and
Rasheed, were riding the motorcycle bearing Registration No.TN-25-AU-
1047 towards Sunguvarchatram on a Bangalore to Chennai National
Highway, the car bearing Registration No.TN-20-AU-3503 which was
driven by the driver in a rash and negligent, came from behind and hit the
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
motorcycle and caused the accident; that in the above said accident, the said
Shaik Sanaulla and his two sons sustained grievous injuries; that
immediately they were taken to Kancheepuram Government Hospital and
admitted. However, Shaik Sanaulla died on the same day and his elder son
Bilal died on 06.07.2017. Hence, the appellants filed claim petition
claiming compensation against the respondents.
4. The 1st respondent remained ex-parte before the Tribunal.
5. The second respondent filed counter statement denying all the
averments made by the appellants in the claim petition. According to the
second respondent, the driver of the first respondent did not possess any
valid driving license and not insured the vehicle with them at the time of
accident; that total compensation claimed by the appellants is excessive and
prayed for dismissal of the claim petition.
6. The 1st appellant examined herself as PW.1 and Rasheed, eye-
witness to the accident as PW.2. Ten documents were marked as Ex.P.1 to
Ex.P.10. Neither documents were marked nor witnesses were examined on
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
the side of the second respondent.
7. The Tribunal after considering the evidence and documents
filed on the side of the appellants, held that the accident occurred due to the
rash and negligent driving by the driver of the first respondent; directed the
second respondent to pay a sum of Rs.10,49,944/- as compensation to the
appellants at the first instance and recover the same from the first
respondent.
8. Aggrieved by the said award, the appellants have preferred the
present appeal seeking enhancement of compensation.
9. The learned counsel for the appellant submitted that the
quantum of compensation awarded by the Tribunal is meagre, in as much as
the Tribunal fixed a very low notional income of Rs.7,000/- per month for
the deceased, although, the appellants had established that he was doing
business of trading in Mangoes and earning more than Rs.50,000/- per
month. The learned counsel therefore, sought for enhancement of
compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
10. The learned counsel for the second respondent per contra
submitted that no evidence has been let in by the appellants to either prove
the avocation and income of the deceased; that in the absence of the same,
the Tribunal was justified in fixing the notional income as Rs.7,000/- per
month and hence, prayed for dismissal of the appeal.
11. The only question in the instant appeal is-
Whether the Tribunal was right in fixing the
notional income of Rs.7,000/- per month?
12. The appellants had examined PW.1, the wife of the deceased
to show that the deceased was doing the business of trading in Mangoes and
was earning Rs.50,000/- per month. The appellants have not produced any
documentary evidence to prove the income of the deceased. However,
considering the age of the deceased, the number of dependants, his
avocation and the year of accident, this Court is of the view that it would be
just and reasonable to fix Rs.13,000/- per month as notional income of the
deceased. The deceased was aged 45 years at the time of accident. The
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
appellants are entitled to 25% enhancement towards future prospects. The
multiplier applicable is '14'. The deceased was survived by his wife and two
children. Hence, 1/3rd has to be deducted towards his personal expenses.
Thus, the compensation amount towards loss of income has to be:-
Rs.13,000+3,250(13,000x25%)-x12x14x2/3=Rs.18,20,000/-
No amount was awarded towards loss of love and affection to the appellants
2 and 3, who are the children of the deceased, hence, a sum of Rs.40,000/-
each to the appellants 2 and 3 is awarded towards loss of love and affection.
The compensation awarded by the Tribunal under other heads are just and
reasonable and hence, the same are confirmed. Thus, the compensation
awarded by the Tribunal is enhanced from Rs.10,49,944/- to Rs.19,70,000/-,
break-up as follows -
Sl. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of income 9,79,944/- 18,20,000/- Enhanced
2. Funeral expenses 15,000/- 15,000/- Confirmed
3. Loss of consortium 40,000/- 40,000/- Confirmed
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
4. Loss of estate 15,000/- 15,000/- Confirmed
5. Loss of love and - 80,000/- Awarded
affection
Total 10,49,944/- 19,70,000/- Enhanced
by
Rs.9,20,056/-
13. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.10,49,944/- is hereby enhanced to Rs.19,70,000/- together with interest
at 7.5% per annum from the date of petition till the date of deposit. The
appellants are not entitled for any interest for the delay period on the
amount of Rs.9,20,056/- enhanced by this Court as per the order of this
Court dated 18.07.2023, made in C.M.P.No.11691 of 2023 in
C.M.A.SR.No.68169 of 2023. The second respondent / Insurance Company
is directed to deposit the award amount, now determined by this Court along
with interest and costs, less the amount already deposited, if any, within a
period of six (6) weeks from the date of a receipt of copy of this Judgment
at the first instance and recover the same from the first respondent. On such
deposit, the appellants 2 and 3 / children of the deceased are entitled to Rs.5
lakhs each and the 1st appellant / wife of the deceased is entitled to
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
remaining amount. The appellants are directed to pay the necessary Court
Fee, if any, on the enhanced award amount. No costs.
09.08.2023
Index: Yes/No
Neutral Citation: Yes/No
AT
To
1.The Motor Accident Claims Tribunal,
Additional District Court (FTC), Kanchipuram.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1680 of 2023
SUNDER MOHAN, J.
AT
C.M.A.No.1680 of 2023
09.08.2023
https://www.mhc.tn.gov.in/judis
