Madras High Court
S.Prasanthkumar vs S. Murugan on 8 August, 2023
C.M.A.No.1522 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1522 of 2023
1.S.Prasanthkumar
2.Minor. Jassika .P.M
[Rep., by next friend/guardian father S. Parasanthkumar]
3.Sureshkumar
4.Kalpana
5.Annadurai
6.Suganthi ... Appellants
Vs
1.S. Murugan
2.M/s. National Insurance Co. Ltd.,
LRN Colony, Sarada College main road,
Hasthampatty, Salem – 7. ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 01.04.2022 made
in M.C.O.P.No.642 of 2019 on the file of the Motor Accident Claims
Tribunal, Special District Court, Salem.
For Appellants : Mr. M. Lokesh
For Respondents : Mrs. R. Sree Vidhya, for R2
R1 – Ex parte
1/10
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C.M.A.No.1522 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 01.04.2022 made in M.C.O.P.No. 642 of 2019 on the file of the
Motor Accident Claims Tribunal, Special District Court, Salem.
2. The appellants filed M.C.O.P. No.642 of 2019 on the file of the
Motor Accident Claims Tribunal, Special District Court, Salem, claiming a
sum of Rs.1,50,00,000/- as compensation for the death of one Monisha, who
died in the accident that took place on 05.01.2019.
3. According to the appellants, on 05.01.2019 at about 18.15
hours, while the deceased Monisha along with her daughter Jassika was
riding a two wheeler bearing Registration No. TN-77-Y-9432 on the
Singipuram to Vazhapady main road, near Singipuram Power House, the
lorry bearing Registration No. TN-AS-7584, which was coming in opposite
direction, driven by its driver in a rash and negligent manner, hit against the
motorcycle and caused the accident; that in the above said accident; the said
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C.M.A.No.1522 of 2023
Monisha sustained grievous injuries and died on the spot. Hence, the
appellants filed claim petition claiming compensation against the
respondents.
4. The first respondent remained ex parte before the Tribunal.
4(b) The second respondent filed counter statement denying all
the averments made by the appellants in the claim petition. According to the
second respondent, the rider of the motorcyclist did not possess any driving
license and did not possess any valid insurance policy at the time of
accident; and in any case the compensation claimed by the appellants is
excessive and prayed for dismissal of the claim petition.
5. The 1st appellant examined himself as PW1 and examined two
other witnesses as PW2 and PW3 and marked Ex.P.1 to Ex.P.25 besides
Ex.X1 to Ex.X5. The second respondent did not examine any witness or
mark any document on their side.
6. 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; and directed
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C.M.A.No.1522 of 2023
the respondents to jointly and severally pay a sum of Rs.34,25,000/- as
compensation to the appellants.
7. Aggrieved by the said order, the appellants have preferred the
present appeal seeking enhancement of compensation.
8. The learned counsel for the appellant submitted that though the
appellants have produced the salary certificate of the deceased to prove the
income of the deceased, the Tribunal had taken only Rs.20,000/- as monthly
income including future prospects. The deceased was working as a Teacher
and was earning gross salary of Rs.21,500/- as per the evidence of PW.2 and
which is also confirmed by Ex.X1 to Ex.X5 issued by the school authorities.
The learned counsel submitted that in any case, the Tribunal ought to have
granted 40% enhancement towards future prospects. The Tribunal ought to
have awarded compensation at the rate of Rs.40,000/- each under the head
loss of love and affection to the minor daughter and the parents of the
deceased. The Tribunal had not awarded compensation under the head loss
of estate and transportation and hence, prayed for enhancement of
compensation.
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C.M.A.No.1522 of 2023
9. The first respondent remained ex parte before the Tribunal and
hence, the learned counsel for the appellants submitted that notice to first
respondent may be dispensed with and hence, dispensed with.
10. The learned counsel for the second respondent per contra
submitted that the Tribunal was right in fixing the monthly income at
Rs.20,000/-. The learned counsel further submitted that the Tribunal had
deducted 1/4th towards personal expenses. The first appellant-husband and
the minor daughter are the only dependants of the deceased and hence, 1/3rd
has to be deducted towards personal expenses and hence, the learned
counsel 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. From the materials on record, this Court finds that the
appellants have marked Ex.X1 to Ex.X3, the salary certificate for the period
between October 2018 to December 2018 showing the net monthly salary at
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C.M.A.No.1522 of 2023
Rs.20,450/-. The appellants have also filed the bank passbook showing that
the deceased was drawing Rs.20,427 in July 2018 and Rs.19,224/- in
August 2018. In the light of the above evidence, this Court is of the view
that the Tribunal ought to have fixed Rs.20,000/- as monthly income and
added 40% enhancement towards future prospects since she was aged 22
years at the time of accident. The multiplier applicable is '18'. Though
there are six claimants, this Court is of the view that the parents of the
deceased and the in-laws of the deceased cannot be treated as dependants of
the deceased. The father of the deceased was age 50 years at the time of
accident and he cannot be treated as dependant of the deceased. Thus, the
Tribunal ought to have deducted 1/3rd towards personal expenses of the
deceased. Thus, the compensation under the head loss of income is
calculated as follows:- Rs.20,000+8000(20,000x40%)x12x18x2/3
=Rs.40,32,000/-. The loss of love and affection awarded by the Tribunal
Rs.1,20,000/- is confirmed and appellants 2, 5 and 6 are each entitled to
Rs.40,000/-. The award of the Tribunal granting Rs.20,000/- each to the
claimants is not correct. No amount was awarded towards loss of estate by
the Tribunal. Therefore, a sum of Rs.15,000/- is awarded towards loss of
estate. No amount was awarded towards Transportation by the Tribunal.
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C.M.A.No.1522 of 2023
Therefore, a sum of Rs.10,000/- is awarded towards Transportation. The
Tribunal has awarded a sum of Rs.25,000/- towards Funeral expenses which
is excessive and hence, the same is reduced to Rs.15,000/-.
13. The compensation awarded by the Tribunal under other heads
is just and reasonable and hence, the same are confirmed. Thus, the
compensation awarded by the Tribunal is enhanced from Rs.34,25,000/- to
Rs.42,32,000 /-, 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 32,40,000/- 40,32,000/- Enhanced
2. Loss of love and 1,20,000/- 1,20,000/- Confirmed
affection (40,000x3)-
for the
appellants 2,
5&6
3. Loss of consortium 40,000/- 40,000/- Confirmed
4. Funeral expenses 25,000/- 15,000/- Reduced
5. Loss of estate - 15,000/- Granted
6. Transportation - 10,000/- Granted
Total 34,25,000/- 42,32,000/- Enhanced
by
Rs.8,07,000/-
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C.M.A.No.1522 of 2023
14. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.34,25,000/- is hereby enhanced to Rs.42,32,000/- together with interest
at 7.5% per annum from the date of petition till the date of deposit. It is
made clear that the appellants are not entitled for any interest for the delay
period on the amount of Rs.8,07,000/- enhanced by this Court as per the
order of this Court dated 26.06.2023, made in C.M.P.No.8145 of 2023 in
C.M.A.SR.No.42474 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 1, 3 to 6 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 Tribunal. The share of the minor 2nd appellant is directed to be
deposited in any one of the Nationalised Bank till the minor appellant
attains majority. However, the 1st appellant, father of the minor 2nd appellant
is permitted to withdraw the accrued interest once in three months. The
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C.M.A.No.1522 of 2023
appellants are directed to pay the necessary Court Fee, if any, on the
enhanced award amount. No costs.
08.08.2023
Index: Yes/No
Neutral Citation: Yes/No
AT
To
1.The Motor Accident Claims Tribunal,
Special District Court, Salem.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1522 of 2023
SUNDER MOHAN, J.
AT
C.M.A.No.1522 of 2023
08.08.2023
https://www.mhc.tn.gov.in/judis
