Madras High Court
Gowsalya vs P.Rajamanickam on 22 August, 2023
C.M.A.No.1887 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1887 of 2023
1.Gowsalya
2.Chellammal
3.Shanmugam ... Appellants
Vs
1.P.Rajamanickam
2.M/s. United India Insurance Co. Ltd.,
(Having Branch Office at No.14/1-77B, Salem Main Road,
Puduchampalli Raman Nagar Po, Mettur Dam Salem)
Having Divisional Office at
No.1, TP Hub, No.104A, Ranga Building,
Peramanur Main Road, Near Four Roads,
Peramanur, Salem. ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 11.04.2022 in
M.C.O.P.No.531 of 2018 on the file of the Motor Accident Claims Tribunal,
Special District Judge, MCOP Tribunal, Salem.
For Appellants : Mr.R.Navaneetha Krishnan
For Respondents : Mr.J.Chandran, for R2
R1 – Ex parte
1/9
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C.M.A.No.1887 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 11.04.2022 made in M.C.O.P. No.531 of 2018 on the file of the
Motor Accident Claims Tribunal, Special District Judge, MCOP Tribunal,
Salem.
2. The appellants filed M.C.O.P. No.531 of 2018 on the file of the
the Motor Accident Claims Tribunal, Special District Judge, MCOP
Tribunal, Salem claiming a sum of Rs.40,00,000/- as compensation for the
death of one Selvaraj, who died in the accident that took place on
31.10.2017.
3. According to the appellants, on the date of accident, i.e.
31.10.2017 while the deceased Selvaraj was riding the motorcycle bearing
Registration No.TN-30-BZ-8236 proceeding on the Pennagaram – Mecheri
main road at Thoppaiyaru Anna Nagar bus stop near Vinayagar temple, the
Eicher lorry bearing Registration No.TN.30-BY-8647 which was coming in
opposite direction, driven by its driver in a rash and negligent manner and
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C.M.A.No.1887 of 2023
hit against the motorcycle and caused the accident; that in the above said
accident; the said Selvaraj sustained grievous injuries and died on the spot.
Hence, the appellants filed claim petition claiming compensation against the
respondents.
4. The 1st respondent remained ex-parte before the Tribunal.
5. The 2nd respondent/Insurance Company filed counter denying
all the averments made in the claim petition including the involvement of
the vehicle stating the the petition is bad for non-joinder of necessary
parties; and that in any case, the compensation claimed was excessive and
prayed for dismissal of the claim petition.
6. The 1st appellant examined herself as PW1 and
Mr.Vijayakumar, eye-witness to the accident as PW2 and marked Ex.P.1 to
Ex.P.12. One document was marked as Ex.X1. The second respondent had
not examined any witness or marked any document.
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C.M.A.No.1887 of 2023
7. The Tribunal, 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; and directed the
respondents jointly and severally to pay a sum of Rs.15,65,000/- as
compensation to the appellants.
8. Aggrieved by the said judgment, the appellants have preferred
the present appeal seeking enhancement of compensation.
9. The learned counsel for the appellant submitted that the
notional income fixed by the Tribunal at Rs.10,000/- is meagre. The
Tribunal had also not taken into consideration the future prospects while
computing loss of income. Further, the Tribunal ought to have awarded
Rs.40,000/- each to the appellants 2 & 3 under the head filial consortium.
The learned counsel further submitted that no compensation was awarded
under the head loss of estate and hence, prayed for enhancement.
10. Since the first respondent remained ex parte before the
Tribunal, the learned counsel for the appellants prayed for dispense with
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C.M.A.No.1887 of 2023
notice to him. Hence, notice to the first respondent dispensed with.
10. The learned counsel for the second respondent per contra
submitted that in the absence of any evidence to prove the avocation and
income of the deceased, the Tribunal who was right in fixing the notional
income as Rs.10,000/-. Hence, no interference is called for in the award and
prayed for dismissal of the appeal.
11. The only question in the instant appeal is-
Whether the compensation awarded by the Tribunal
is just and reasonable?
12. The appellants had established that the deceased was working
as a Mason through the evidence of PW.1, the wife of the deceased.
However, they have not produced any proof of income of the deceased.
This Court is of the view that considering the age, avocation and the year of
accident, the notional income can be fixed as Rs.12,000/- per month. The
deceased who was aged 22 years at the time of accident is entitled to 40%
towards future prospects. The multiplier applicable is '18'. Since there are
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C.M.A.No.1887 of 2023
three dependants, 1/3rd has to be deducted towards his personal expenses.
Thus, the award of compensation under the head loss of income has to be:-
12,000+4800(12,000x40%)x12x 18 x 2/3 = Rs.24,19,200/-
The appellants 2 & 3 who are the parents of the deceased are each entitled
to Rs.40,000/- under the head filial consortium. Therefore, the
compensation under the head loss of love and affection at
Rs.60,000(20,000/-x3) is set aside. Rs.25,000/- awarded by the Tribunal
towards funeral expenses is reduced to Rs.15,000/-. No amount was
awarded towards loss of estate, hence, a sum of Rs.15,000/- is awarded
towards loss of estate.
13. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.15,65,000/- to Rs.25,29,200/-, 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 14,40,000/- 24,19,200/- Enhanced
2. Loss of love and 60,000/- - Set aside
affection
3. Loss of consortium 40,000/- 40,000/- Confirmed
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C.M.A.No.1887 of 2023
4. Funeral expenses 25,000/- 15,000/- Reduced
5. Filial consortium - 40,000/- Awarded
6. Loss of estate 15,000/- Awarded
Total 15,65,000/- 25,29,200/- Enhanced
by
Rs.9,64,200/-
14. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.15,65,000/- is hereby enhanced to Rs.25,29,200/- 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.9,64,200/- enhanced by this Court as per the order of this
Court dated 01.08.2023, made in C.M.P.No.14810 of 2023 in
C.M.A.SR.No.85085 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.
On such deposit, the appellants are permitted to withdraw their share of the
award amount along with proportionate interest and costs, less the amount if
any, already withdrawn, on the basis of apportionment fixed by the
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C.M.A.No.1887 of 2023
Tribunal. The appellants are directed to pay the necessary Court Fee, if any,
on the enhanced award amount. No costs.
22.08.2023
Index: Yes/No
Neutral Citation: Yes/No
AT
To
1.The Motor Accident Claims Tribunal,
Special District Judge, MCOP Tribunal, Salem.
2. The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1887 of 2023
SUNDER MOHAN, J.
AT
C.M.A.No.1887 of 2023
22.08.2023
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