Madras High Court
Krishnaveni vs V.Selvam on 10 August, 2023
C.M.A.(MD)No.539 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A.(MD)No.539 of 2020
1.Krishnaveni
2.Minor Y.Balamugunthan
3.Minor Yuvasri ...Appellants / Petitioners
(Minors are represented by her mother and natural guardian, the first
appellant.)
/Vs./
1.V.Selvam
2.Sriram General Insurance Co. Ltd.,
Rep. by its General Manager,
E8, EPRO Rico Industrial Area,
Sitapura,
Jaipur, Rajasthan – 302 022.
3.Komalavalli
4.Rajendran ...Respondents / Respondents
PRAYER:- Appeal - filed under Section 173(1) of the Motor Vehicles
Act, 1988 to allow the appeal and modify the judgment and decree dated
1/8
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C.M.A.(MD)No.539 of 2023
29.07.2020 in M.C.O.P.No.478 of 2018 on the file of the Motor Accident
Claims Tribunal (Special District Court), Thanjavur, by enhancing the
award amount to Rs.40,00,000/- to the appellants with proportionate
interest.
For Appellants : Mr.G.Karnan
For Respondents : Mr.D.Sivaraman (R2)
No appearance (R1, R3 & R4)
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
This appeal has been filed by the wife and two minor children
of one Yuvaraj, who had been involved in an accident on 24.01.2018,
passing away on 09.02.2018. The appellants had preferred a claim
before the Motor Accident Claims Tribunal (Special District Court),
Thanjavur, in M.C.O.P.No.478 of 2018. The Tribunal fixed the
compensation by way of an award passed on 29.07.2020, challenging
which the present appeal has been filed.
2. The deceased was aged 37 at the time of demise and had
been working in a private company. The first appellant and the deceased
had been proceeding from their house to the bus stand by a two wheeler,
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C.M.A.(MD)No.539 of 2023
when vehicle (TATA ACE) driven by the first respondent had overtaken
the two wheeler and colluded with the same.
3. Both the deceased and his wife, who was riding pillion, had
sustained serious injuries. The deceased had initially been admittedly in
the Tanjore Medical College Hospital and thereafter in a private hospital,
where he succumbed to the injuries on 09.02.2018. At the time of his
demise, the second appellant was aged 6 years and the third appellant
was in the womb of her mother. She was born on 23.06.2018, after the
demise of her father.
4. The award passed by the Tribunal determines the
compensation in the following manner:-
“1.Approx. Monthly Income - Rs.25,000/-
2.Future Prospects Added - Rs.35,000/-
3.Personal Expenses (-) - Rs.8750
4.Annual Income - Rs.3,15,000/-
5.Multiplier of 15 Added - Rs.47,25,000/-
6.Income Tax Deduction - Rs.12,30,0000/-
7.Loss of Income After IT deduction - Rs.34,95,000/-
8.Loss of Consortium - Rs.40,000/-
9.Funeral Expenses - Rs.15,000/-
10.Loss of Estate - Rs.15,000/-
11.Medical Expenses - Rs.4,51,690/-
Total Compensation - Rs.40,16,690/-”
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C.M.A.(MD)No.539 of 2023
5. The appeal has been filed on the ground that the
computation of compensation awarded, does not satisfy proper
parameters, as evolved over time by the Courts. Though the errors in
computation as pointed out by the appellants are many, upon discussion
in the course of hearing today, we are in a position to arrive at a
determination of computation that finds acceptance by the appellants as
well as the Insurance Company.
6. The income of the deceased has been fixed at a sum of Rs.
25,000/- per month. Upon consideration of future prospects, income per
month stands enhanced to Rs.35,000/- and the annual income arrived at
is thus arrived at a sum of Rs.4,20,000/-. Deduction for personal
expenditure has been adopted at 1/4th thereof and loss of income is
quantified at Rs.47,25,000/-.
7. The Tribunal has fixed deduction of income tax at a rate of
26% (approx.) amounting to a sum of Rs.12,30,000/-. We find this to be
on higher side. As per the applicable slabs under the Income Tax Act,
1961, income upto 2.5 lakhs would suffer no income tax, and income
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C.M.A.(MD)No.539 of 2023
between Rs.2,50,000/- and Rs.5,00,000/-, would suffer tax at the rate of
5%.
8. Further, an error has crept into the computation for
conventional damages that are to be attributed to all legal heirs being
wife, children and parents. In the present case, the Tribunal has
proceeded to award conventional damages to the wife alone of a sum of
Rs.70,000/-.
9. In our view, loss of consortium must be awarded to each of
the claimants at an Rs.40,000/- each. We further quantify loss of estate at
a sum of Rs.15,000/- and funeral expenses at an amount Rs.15,000/-, in
all, a sum of Rs.2,30,000/-. The computation as aforesaid, finds
acceptance by all parties. The total amount of compensation would thus
be a sum of Rs.53,11,065/-.
10. Despite being an award of 2020 vintage, not a paisa has
been deposited thus far by the Insurance Company. Hence, the Company
is granted a period of four weeks from date of receipt of a copy of this
order to deposit the amount in entirety, with interest and costs, to the
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C.M.A.(MD)No.539 of 2023
credit of MCOP No.478 of 2018 on the file of the Special District Judge,
Thanjavur.
11. The appellants are permitted to produce necessary
documents before the Tribunal thereafter, seeking withdrawal. The
allocation of the amount awarded under this order shall be in the same
proportion as directed by the Tribunal in paragraphs 14 (1) to (8) of its
award dated 29.07.2020. No costs.
[A.S.M.J.,] & [R.V.J.,]
10.08.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
Sm
Note: Issue order copy on 28.08.2023.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.539 of 2023
TO:
1.The Motor Accident Claims Tribunal
(Special District Court), Thanjavur.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD)No.539 of 2023
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Judgment made in
C.M.A.(MD)No.539 of 2020
Dated:
10.08.2023
https://www.mhc.tn.gov.in/judis
