Madras High Court

Kantu Sivaramaih vs M/S.Sri Lakshmi Venkata Narayana ... on 16 August, 2023

CMA No. 2446 / 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2023

CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Civil Miscellaneous Appeal No. 2446 of 2022
1.Kantu Sivaramaih
2.Kantu Narayanamma ... Appellants
Versus

1.M/s.Sri Lakshmi Venkata Narayana Rice Industries,
Represented by R. Venkateswarlu,
Narayana Reddy Petta Village,
Nellore Rural, Andhra Pradesh – 524002.

2.The Manager,
Bharati Axa General Insurance Co.Ltd.,
2nd Floor, Metro Plaza,
No.162, Anna Salai, Chennai – 600 002. ... Respondents

PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 seeking to enhance the compensation awarded
in the Judgment and Decree dated 10.02.2017 made in M.C.O.P. No. 284
of 2015 on the file of the Motor Accident Claims Tribunal, Special
District Court, Tiruvallur.

For Appellants : Mr. K. Naveen Kumar.

For Respondents : Mr. B. Sivakollapan for R2.

R1 - Exparte.

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CMA No. 2446 / 2022

JUDGMENT

The appeal has been filed by the appellants challenging the award

passed by the Tribunal in M.C.O.P. No. 284 of 2015 dated 10.02.2017.

2.The appellants had filed a claim petition before the Tribunal

stating that on 05.04.2015, while the deceased was going by walk on the

extreme left side of the road near Sri City Zero Point, Tada Village &

Mandal on NH road, a car bearing Registration No.AP-26-BA-9988

driven by its driver in a rash and negligent manner from Chennai to

Nellore, dashed the deceased, as a result of which the deceased sustained

severe injuries and died on the spot. Thus, the appellants filed claim

petition claiming compensation.

3.The second respondent filed counter denying all the averments

made in the claim petition. They stated that the deceased who was

walking as a pedestrian suddenly tried to cross the road from East to

West without noticing on-going vehicles and hence the car which was

proceeding in a normal speed dashed the deceased and hence, the

appellants are not entitled for any compensation. In any case, the

compensation claimed was excessive and prayed for dismissal of the

claim petition.

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CMA No. 2446 / 2022

4.The first respondent remained exparte before the Tribunal.

5.The appellants examined two witnesses as PW1 and PW2 on

their side and marked Ex.P.1 to Ex.P.11. On the side of the second

respondent, RW1 has been examined and Ex.R.1 has been marked.

6.The Tribunal after considering the oral and documentary

evidence found that the accident occurred due to the negligence of the

driver of the car belonging to the first respondent and directed the second

respondent to pay a sum of Rs.12,05,000/- as compensation to the

appellants. Aggrieved by the said award, the appellants have preferred

the instant appeal seeking enhancement of compensation.

7.The learned counsel for the appellants submitted that the

compensation awarded by the Tribunal is meagre. Though the appellants

have established that the deceased was an engineering graduate and

working in a private concern and produced ID card and degree certificate

to substantiate the same, the Tribunal had fixed the notional income at

Rs.12,000/- per month which is very low. The learned counsel relied https://www.mhc.tn.gov.in/judis

CMA No. 2446 / 2022

upon the Division Bench Judgment of this Court in Managing Director,

Tamil Nadu State Transport Corporation Limited Vs. Neela and other

reported in 2019 (2) TN MAC 153 (DB) wherein the Division Bench of

this Court has confirmed the finding of the Tribunal fixing the notional

income at Rs.20,000/- per month for the accident of a engineering

graduate that occurred in the year 2015. The Tribunal failed to award

40% enhancement towards future prospects. The learned counsel

therefore prayed that the compensation has to be enhanced and prayed

for allowing the appeal.

8.Though notice has been served, none has entered appearance on

behalf of the first respondent.

9.Per contra, the learned counsel for the second respondent

submitted that no document was produced to prove the income of the

deceased. The employer was not examined and the bank statement of the

deceased was also not produced to prove the income. Therefore, the

Tribunal was right in fixing the notional income as Rs.12,000/- per

month and prayed for dismissal of the appeal.

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CMA No. 2446 / 2022

10.The only question that is involved in the instant appeal is

whether the compensation awarded by the Tribunal is just and

reasonable.

11.The appellants had examined PW1 father of the deceased and

marked Ex.P.5 provisional certificate to prove the educational

qualification of the deceased. The appellants have also marked Ex.P.6

Identity card issued by a private firm by name Integrated Electronics.

However, the employer of the deceased was not examined. The

appellants have also not proved the income said to have been earned by

the deceased. Though the learned counsel for the appellants submitted

that the Division Bench of this Court had confirmed the finding of the

Tribunal fixing the notional income at Rs.20,000/- in respect of an

engineering graduate for the accident in the year 2015, this Court is of

the view that fixing of notional income would depend on the facts and

circumstances of each case. In the instant case, considering the age,

educational qualification and the avocation, this Court is of the view that

it would be just and reasonable to fix Rs.15,000/- per month as notional

income for the deceased. The deceased was aged 37 years at the time of

accident and the appellants are entitled to 40% future prospects. 50% https://www.mhc.tn.gov.in/judis

CMA No. 2446 / 2022

has to be deducted towards personal expenses as the deceased was a

bachelor. Hence, the loss of income would be Rs.15,000/- + Rs.6,000/-

(40% of Rs.15,000) = Rs.21,000 X 12 X 15 X ½ = Rs.18,90,000/-. The

compensation awarded under the head Loss of Love and Affection is on

the higher side and the same is reduced from Rs.1,00,000/- to Rs.80,000/-

. Further, the compensation awarded under the head Funeral expenses is

also on the higher side and the same is reduced from Rs.25,000/- to

Rs.15,000/-. Since no amount has been awarded under the head Loss of

estate, Rs.15,000/- is granted under the said head. Thus, the award of the

Tribunal is modified as follows;

                     ld




                          S.              Description           Amount      Amount      Award
                          No                                   awarded by awarded by confirmed or
                                                                Tribunal   this Court enhanced or
                                                                  (Rs)        (Rs)      granted
                          1.      Loss of income                 10,80,000   18,90,000   Enhanced
                          2.      Loss of love and affection      1,00,000      80,000    Reduced
                          3.      Loss of estate                       ---      15,000     Granted
                          4.      Funeral expenses                 25,000       15,000    Reduced
                                  Total                          12,05,000   20,00,000 Enhanced by
                                                                                       Rs.7,95,000/-

12. With the above modification, this Civil Miscellaneous Appeal

is partly allowed and the compensation awarded by the Tribunal at

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CMA No. 2446 / 2022

Rs.12,05,000/- is hereby enhanced to Rs.20,00,000/- together with

interest at 7.5% per annum excluding the default period of 1713 days

from the date of petition till the date of deposit. The second respondent 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 four (4) weeks from the date of a receipt of copy of this

Judgment. On such deposit, the appellants are permitted to withdraw

their respective shares of the award amount on the basis of