Kumaresan vs Arun
2023 Latest Caselaw 844 Mad

                                                                                    C.M.A.No.67 of 2023

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 20.01.2023

                                                           CORAM:

                                   THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                                    C.M.A.No.67 of 2023


                  1.Kumaresan
                  2.Karthikeyan
                  3.Saranya
                  4.Thangarasu                                                           ... Appellants

                                                             Vs.

                  1.Arun
                  2.The Reliance General Insurance Co.,Ltd.,
                    Sakthi Supermarket, 3rd Floor,
                    Perundurai Road, Erode - 638 011.                                    ... Respondents

                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the award amount in the order dated
                  23.08.2022 made in M.C.O.P.No.24 of 2019, on the file of the Motor
                  Vehicle Accident Claims Tribunal /Subordinate Judge Court, Mettur.


                                  For Appellant       : Mr.C.Paraneedharan



                                                           JUDGMENT

The claimants are the appellants herein and seeking

enhancement of compensation against the award in M.C.O.P.No.24 of

https://www.mhc.tn.gov.in/judis C.M.A.No.67 of 2023

2019, they have filed the present appeal.

2. The factum of the accident, manner of the accident and rash

and negligent driving on the part of the driver of the offending vehicle,

insured with the respondent/Insurance company are not in dispute and

accordingly the same are hereby confirmed.

3. After hearing the learned counsel for the appellants for

sometime, I find that the deceased was said to be a power loom worker

and not produced any documents. Accordingly, Rs.6,000/- per mensem

was fixed as notional income and 1/3rd deduction was made towards

personal expenses, and multiplier '13' was adopted by following Sarla

Verma's case in AIR 2009 SC 3104 (Sarala Verma and others Vs.Delhi

Transport Corporation) and further I also find that the award fixed by the

Tribunal cannot be termed low and it is just and fair.

4. After perusing other heads of the compensation, for the

medical expenses as per the Ex.P5 medical bills, Rs. 1,49,868/- was

awarded. For pain and suffering and loss of love and affection, the

compensation awarded by the Tribunal appears to be on the higher side.

Hence, I find that it is not a fit case for admission and enhancement and

in fact the award of Rs. 12,03,868/- by the Tribunal is on the higher side

https://www.mhc.tn.gov.in/judis C.M.A.No.67 of 2023

and hence I am not inclined to admit the CMA.

5. Accordingly, this Civil Miscellaneous Appeal is dismissed.

No costs.

                                                                               20.01.2023


                  nvi
                  Index           : Yes / No
                  Speaking Order : Yes / No
                  Neutral Citation: Yes/No



                  To

1. The Motor Vehicle Accident Claims Tribunal /Subordinate Judge Court, Mettur.

2. The Section Officer, V.R.Section, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.67 of 2023

RMT.TEEKAA RAMAN, J., nvi

C.M.A.No.67 of 2023

20.01.2023

https://www.mhc.tn.gov.in/judis