Jayalakshmi vs Muthusamy
2023 Latest Caselaw 1245 Mad

                                                                                   CMA No.188 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 31.01.2023

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                CMA No.188 of 2023

                     1. Jayalakshmi
                     2. Minor Nagaraj
                     3. Minor Pazhanimurugan                                .. Appellants
                     [Minors/A2 & A3, rep. By their mother
                     and Next Friend A1]
                                                       Vs.

                     1. Muthusamy

                     2. The New India Assurance Co. Ltd.,
                     B.O.720703,
                     Rep. By its Branch Manager,
                     99/C-3, 1st Floor,
                     Opp. to New Bus Stand,
                     Perambalur.                                            .. Respondents


                     PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of
                     Motor Vehicles Act, 1988 to set aside the award passed by the Motor
                     Accidents Claims Tribunal [Principal District Judge], Perambalur, by its
                     decree and judgment dated 28.10.2020 made in MCOP No.618 of 2016.

                                        For Appellants    : Mr.C.Vidhusan

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https://www.mhc.tn.gov.in/judis
                                                                                     CMA No.188 of 2023

                                                        JUDGMENT

Claim petitioners are the appellants herein seeking enhancement of

compensation awarded in MCOP No.618 of 2016 on the file of the Motor

Accidents Claims Tribunal [Principal District Judge], Perambalur.

2. For the sake of convenience, the parties are hereinafter referred

to as per their ranking before the claims tribunal.

3. The factum of the accident, the manner of the accident and the

rash and negligence on the part of the driver of the offending vehicle, are

not disputed.

4. Heard the learned counsel for the appellants/claims petitioners

and perused the materials available on record.

5. Learned counsel for the appellants could contend that the

notional income of Rs.7,500/- fixed by the tribunal is on the lower side and

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could further contend that the claim petitioners are entitled for more

compensation under the head loss of dependency.

6. The 1st claim petitioner herein is the wife and the claims

petitioners 2 and 3, are the children of the deceased. As per Ex.P2 and

Ex.P3, the Postmortem and Death certificates, respectively, the age of the

deceased is 45 years and accordingly, following the law laid down in Sarla

Varma's case [Sarla Verma and Others Vs. Delhi Transport Corporation,

reported in 2009 ACJ 1298] multiplier '14' is correctly adopted by the

claims tribunal.

7. Further, no document is produced to show the income of the

deceased and hence, the claims tribunal has rightly fixed Rs.7,500/- as

notional income and also granted Rs.1,875/- towards future prospects

(i.e.25%) as per Pranay Sethi's case [National Insurance Company

Limited Vs. Pranay Sethi, reported in 2017 (16) SCC 680], and awarded

Rs.10,50,000/- under the head loss of dependency. In addition to the same,

the claims tribunal has awarded Rs.15,000/- towards loss of estate,

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Rs.40,000/- towards Consortium and Rs.15,000/- towards funeral expenses.

In all, the claims tribunal has awarded a sum of Rs.11,20,000/- with interest

at the rate of 7.5% per annum, from the date of filing of the claim petition till

the date of realization, excluding the default period if any. Hence, I find that

the award passed by the claims tribunal is just and fair and does not require

reconsideration.

8. Therefore, in the absence of any point for admission, I am not

inclined to admit the Civil Miscellaneous Appeal and accordingly, the Civil

Miscellaneous Appeal stands dismissed at the admission stage itself. No

costs.

31.01.2023 Index : Yes/No Neutral Citation : Yes/No.

ars

To

The Principal District Judge, Motor Accident Claims Tribunal , Perambalur.

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RMT.TEEKAA RAMAN,J.,

ars

CMA No.188 of 2023

31.01.2023

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