Madras High Court
Vishalatchi vs Forest Ranger on 19 January, 2023
C.M.A.No.1581 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2023
CORAM
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.A.No.1581 of 2015
1.Vishalatchi
2.Minor Santhiya
3.Minor Sathish
4.Minor Saranya
Minors 2 to 4 represented by
their mother 1st appellant ..Appellants
Vs.
1.Forest Ranger,
Perambalur,
Thuraimangalam
Perambalur Taluk and District.
2.The Director,
Forest Ranger,
No.259, 3rd Floor,
D.M.S.Campas
Chennai – 600 006. ...Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the order dated 26.07.2013 made in
M.A.C.T.O.P.No.3015 of 2012 on the file of the Motor Accidents Claims
Tribunal (III Court of Small Causes, Chennai).
For Appellants : Ms.A.Subadra
For Respondents : Mr.C.Jayaprakash
Government Pleader
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C.M.A.No.1581 of 2015
JUDGMENT
This appeal has been filed by the appellants/claimants seeking
enhancement of compensation under the impugned award dated 26.07.2013
in M.A.C.T.O.P.No.3015 of 2012 passed by the Motor Accidents Claims
Tribunal, (III Court of Small Causes, Chennai).
2.The case in brief, is as follows:
On 19.08.2010, at about 20.30 hours, while the deceased was
standing near the Gudilam Bus Stop, Chennai to Trichy National Highway,
a car bearing Reg.No.TN-46-G-0136 proceedings fromVillupuram to
Ulundurpet, came in a rash and negligent manner and hit the deceased
Ramar. Due to the said impact, the deceased sustained grievous injuries and
died on the spot. One Mr.Mohamed Rafi is the driver of the car. The wife,
sons and daughter of the deceased filed a claim petition before the Tribunal,
claiming a sum of Rs.10,00,000/- as compensation. On consideration of the
materials and evidence available on record, the Tribunal awarded a total
compensation of Rs.9,48,500/- with interest at the rate of 7.5% per annum
from the date of petition.
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C.M.A.No.1581 of 2015
3. Challenging the same, the appellants/claimants have filed the
present Civil Miscellaneous Appeal for enhancement of compensation.
4. The learned counsel for the appellants/claimants has submitted that
the Tribunal has not properly considered and decided the monthly income of
the deceased as per the depositions of P.W.1 and P.W.2 and the documents
marked, while awarding compensation. He further submitted that the
Tribunal ought to add more than 30% as future prospects since at the time of
accident, the deceased was aged about 38 years. He further submitted that
the multiplier adopted by the Tribunal is not proper. It is also submitted that
the Tribunal ought to award more under the heads of 'funeral expenses',
'damages to clothes and articles of the injured', 'mental agony'. He failed to
award under the head of Transport Expenses. Stating so, the learned counsel
prayed for enhancement of compensation.
5.The learned counsel for the respondents has submitted that the
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C.M.A.No.1581 of 2015
Tribunal has rightly considered the materials and evidence available on
record and has awarded the just, fair and reasonable compensation and the
same does not require any interference at the hands of this Court. Hence, he
prays for dismissal of the appeal.
6. Heard the learned counsel for the appellants and the learned
counsel for the respondents and perused the materials available on record
carefully and meticulously.
7.This is a claimants' appeal seeking enhancement of the
compensation awarded by the Tribunal. Hence, this Court is not inclined to
go into the findings of the Tribunal in respect of negligence as well as the
liability of the respondents to pay compensation.
8.The details of the compensation awarded by the Tribunal are as
follows:
HEADS AMOUNT (in Rs.)
Loss of dependency 8,77,500/-
(6500x ¼ x 12 x 15)
Loss of Consortium 25,000/-
Love and Affection 40,000/-
Funeral Expenses 6,000/-
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C.M.A.No.1581 of 2015
----------------
TOTAL 9,48,500/-
=========
9.The Tribunal has awarded a sum of Rs.8,77,500/- towards loss of
dependency by fixing the monthly income of the deceased at Rs.4875/-,
deducting 1/4th of the amount towards personal expenses of the deceased
and adopting the multiplier of 15. The Tribunal has relied upon Ex.R7-Post
Mortem Certificate of the deceased and has taken the age of the deceased as
38 years. Further, taking note of the earning capacity of the deceased and
the economic situation prevailing at that time, after adding 30% for future
prospects of the deceased, the Tribunal fixed the monthly income of the
deceased at Rs.4875/- for calculating the pecuniary loss on account of the
death of the deceased.
10.It is claimed in the claim petition that the deceased was earning a
sum of Rs.15,000/- per month as a mason and that he was the sole earning
member of the family. It is submitted by the learned counsel for the
appellants / claimants that the Tribunal has not properly considered the
evidence of P.W.1 and P.W.2 and the documents marked, while fixing the
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C.M.A.No.1581 of 2015
monthly income of the deceased at Rs.6,500/-. It is also his specific
submission that the Tribunal ought to have taken 40% while arriving at the
compensation towards for future prospects, instead of 30%.
11.It is seen that the deceased was the entire caretaker of the family
having four dependants. Taking note of the above submissions of the
learned counsel for the appellants / claimants, economic situation prevailing
at that time and also the facts and circumstances of the case, this Court is of
the considered view that the monthly income of the deceased has to be taken
as Rs.5000/- instead of Rs.4,875/- fixed by the Tribunal. There is no need to
change the multiplier adopted by the Tribunal. Further, the 1/4th deduction
made by the Tribunal also does not require any interference. If Rs.5,000/- is
taken as the monthly income of the deceased, after adding 40% towards
future prospectus of the deceased and 1/4th of the amount is deducted and
the multiplier of 15 is adopted, the loss of dependency works out to
Rs.9,45,000/- ( Rs.5000x40%=2000, 5000+2000=7000 x ¼= 1750, 7000-
1750= 5250, (5250x 12x 15 = 945000). Accordingly, the amount awarded
by the Tribunal towards loss of dependency stands modified to
Rs.9,45,000/-Similarly, it would be appropriate to award a sum of
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C.M.A.No.1581 of 2015
Rs.40,000/- towards loss of consortium to the wife of the deceased, a sum of
Rs.1,20,000/- towards loss of love and affection to the sons and daughter of
the deceased (Rs.40,000/- x 3), a sum of Rs.15,000/- towards funeral
expenses and a sum of Rs.15,000/- towards Loss of Estate.
12.The details of the modified compensation are as under:
HEADS AMOUNT
(Rs.)
Loss of dependency 9,45,000/-
(5000+40% x ¼ x 12x 15)
Loss of love and affection 1,20,000/-
Loss of consortium 40,000/-
Funeral expenses 15,000/-
Loss of estate 15,000/-
----------------
TOTAL... 11,35,000/-
=========
13. Thus, the appellants / claimants are entitled to the modified
compensation of Rs.11,35,000/-. It is made clear that for the enhanced
amount of Rs.1,86,500/-, the interest rate of 7.5% shall be calculated from
the date of filing of this appeal.
14.The Civil Miscellaneous Appeal is allowed. No costs.
15. The second respondent is directed to deposit the modified
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C.M.A.No.1581 of 2015
compensation as ordered above, less the amount if any already deposited,
within a period of six weeks from the date of receipt of a copy of this
judgment. On such deposit being made, the appellants / claimants shall
withdraw the same, on making proper application before the Tribunal.
A.A.NAKKIRAN.,J.
gv
16. Since the compensation amount now awarded is Rs.11,35,000/-, it
is made clear that the claimants have to pay the appropriate Court fee in
order to receive the awarded amount.
Index : Yes/No 19.01.2023
Internet : Yes/No
gv
To
1.The Motor Accidents Claims Tribunal
(III Court of Small Causes, Chennai).
2.The Section Officer,
VR Section,
Madras High Court.
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C.M.A.No.1581 of 2015
C.M.A.No.1581 of 2015
https://www.mhc.tn.gov.in/judis
