Madras High Court
S.Thilaga vs A.M.Saravanan on 11 December, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
C.M.A.No.2386 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.12.2023
CORAM:
MR.JUSTICE N.SESHASAYEE
C.M.A.No.2386 of 2023
1.S.Thilaga
2.S.Nishantini (Minor)
3.S.Revanth Kumar (Minor)
(Minors 2 and 3 represented by their mother
and next friend 1st appellant)
4.R.Nagalingam
5.N.Ellammal ... Appellants
Vs.
1.A.M.Saravanan
2.The United India Insurance Co. Ltd.
No.134, Silingi Buildings
Greams Road, Chennai 600 006 ... Respondents
PRAYER:This Appeal is filed under Section 173 of Motor Vehicles Act,
1988, against the judgment and decree dated 12.02.2020 in
M.C.O.P.No.4807 of 2018 on the file of the learned Motor Accidents
Claims Tribunal, Chief Judge, Court of Small Causes at Chennai.
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.2386 of 2023
For appellants : Mr.G.Balaji Prasad
For respondents : Ms.R.Sreevidhya - R2
R1 - D/w vide order dt. 05.10.2023
JUDGMENT
The claimants in M.C.O.P.No.4807 of 2018 on the file of Motor Accidents
Claims Tribunal, (Chief Judge, Small Causes Court), Chennai are the
appellants herein. They are dissatisfied with the quantum of compensation
awarded by the Tribunal in a fatal road accident, in which a certain
Santhosh Kumar had died. The accident had taken place on 03.07.2018 at
around 9.45 p.m. while the victim was standing by road side when a bus
bearing Registration No.TN-73-E-6666 belonging to the 1st respondent and
insured with the 2nd respondent dashed against him.
2.The deceased was stated to be 29 years old and was working as a car
driver with M/s.Kavitha Textiles and was stated to be earning Rs.15,000/-
per month. He left behind his wife, two minor children and parents as his
Dependants. Before the Tribunal, the claimants did not produce any
material to show that the victim was a driver. Therefore, the Tribunal was
constrained to fix the monthly income of the victim notionally at Rs.10,000/-
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. After adding 40% towards future prospects and applying 17 as a
multiplier and deducting 3/4 towards personal expenditure, the Tribunal
determined the compensation on loss of dependency at Rs.21,42,000/-.
Towards loss of love and affection, the Tribunal had fixed it at Rs.20,000/-
each. The award runs as below:
Sl.No. Head Amount (Rs.)
1 a) Deceased monthly Salary : Rs.10,000/-
b) and 40% future prospects : Rs. 4,000/-
------------
--
Rs.14,000
/-
Rs.21,42,000/-
Loss of future dependency
(Rs.14,000/- x 12 x 17 x 3/4)
2 Funeral Expenses Rs. 15,000/-
3 Loss of Love and Affection Rs. 1,00,000/-
4 Loss of consortium to 1st petitioner Rs. 40,000/-
5 Medical bills Rs. 250/-
Total Rs.22,97,250/-
3.Learned counsel for the appellants submitted that the appellants had taken
out C.M.P.No.22484 of 2023 and had produced the driving licence of the
deceased. This petition was allowed on 02.11.2023. Accordingly, the said
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driving licence is now marked as Ex.P27. He further added that the victim
was hospitalized for three days before he died and therefore the Tribunal
ought to have awarded reasonable compensation for pain and suffering that
would accrue to his estate. This apart, the notional income reckoned by the
Tribunal and also the compensation paid under the head loss of love and
affection for the children and parents are also on a lower side.
4.The learned counsel for the 2nd respondent defended the award along the
lines indicated by the Tribunal, but conceded that the compensation in terms
of Sarala Varma Vs. Delhi Transport Corporation & another reported in
(2009) 6 SCC 121, compensation for love and affection ought to be
Rs.40,000/- for the parents and the two children of the victim of the
accident.
5.After weighing rival submissions, this Court considers that Rs.13,000/- per
month would be a reasonable notional income for a driver in 2018. To this,
another 40% is added towards future prospects of increase in income and
applying 17 as a multiplier and deducting 1/4th thereof towards personal
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expenditure of the victim of the accident, the net value of the loss of
dependency is arrived at Rs.27,84,600/-. Funeral expenses Rs.15,000/- is
retained. Loss of consortium for the 1st petitioner Rs.40,000/- is retained.
Medical bills Rs.250/- is retained. This Court now enhances for love and
affection Rs.1,60,000/- (Rs.40,000/- x 4). This Court also awards
Rs.25,000/- for pain and suffering and Rs.10,000/- for transport.
6.This appeal stands partly allowed accordingly.
(i) The compensation payable is enhanced from Rs.22,97,250/- to
Rs.30,34,850/-.
(ii) The respondent / The United India Insurance Co. Ltd., is stated to have
deposited the sum awarded by the Tribunal and it is now required to deposit
the differential sum with interest at 7.5% p.a., less interest payable for 961
days in filing the appeal to the credit of M.C.O.P.No.4807 of 2018, on the
file of Motor Accidents Claims Tribunal (Chief Judge, Small Causes),
Chennai, within a period of twelve (12) weeks from the date of receipt of a
copy of this order.
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(iii) Since this Court has already directed to deposit the entire award
amount, the major claimants are now permitted to withdraw their respective
shares as apportioned by the Tribunal by filing appropriate application
before the Tribunal as per existing rules. The appellants shall pay the court
fee for the enhanced compensation, if any.
(iv) The Registry is directed to draft the decree only after the receipt of
enhanced court fee.
(v) The enhanced portion of the compensation of Rs.7,37,600/- is directed to
be equally divided between the two minor children of the victim.
(vi) As far as the shares of the minor appellants are concerned, the same
shall be invested in any one of the Nationalized Banks in reinvestment
scheme till they attain majority. It is made clear that the interest accrued on
such deposit shall be withdrawn by the 1st claimant / wife of the deceased
once in three months.
(vii) There is no order as to costs in this appeal.
11.12.2023
kas
Index : Yes / No
Neutral Citation
https://www.mhc.tn.gov.in/judis
To.
The Motor Accidents Claims Tribunal
Chief Judge
Court of Small Causes
Chennai.
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N.SESHASAYEE, J.
kas
11.12.2023
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