Sangeetha vs Murugan
2023 Latest Caselaw 7721 Mad

Citation : 2023 Latest Caselaw 7721 Mad
Judgement Date : 6 July, 2023

Madras High Court

Sangeetha vs Murugan on 6 July, 2023

                                                                              C.M.A.No.377 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED :     06.07.2023

                                                      CORAM:

                                   THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI

                                                C.M.A.No.377 of 2018

                  1. Sangeetha
                  2. Sasikumar
                  3. Sabitha
                  4. Rajammal
                  5. Rathinam                                     ... Appellants

                                                         vs.


                  1. Murugan

                  2. The Oriental Insurance Co. Ltd.
                     Kumar Complex, 1st Floor,
                     146, West Car Street,
                     Tiruchengode & Tk., Namakkal District                   ... Respondents



                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
                  Motor Vehicles Act, against the judgment and decree passed in
                  M.A.C.T.O.P.No.179 of 2011 on 17.08.2017 on the file of the Motor
                  Accidents Claims Tribunal, Sub Court, Sankari.


                                   For Appellants    : Mr.T.S.Arthanareeswaran


                                   For Respondents : Mr.K.Vinod for R2
                                                     R1-Exparte


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https://www.mhc.tn.gov.in/judis
                                                                              C.M.A.No.377 of 2018



                                                      JUDGMENT

Aggrieved by the Judgment and decree in M.A.C.T.O.P. No.179 of

2011 dated 17.08.2017, passed by the Motor Accident Claims

Tribunal/Sub Court, Sankari, the legal heirs of the deceased Subramani,

namely, the children, wife and mother, have preferred the Civil

Miscellaneous Appeal, for enhancement of compensation.

2. The claim petition was filed by the claimants under Section 166 of

the Motor Vehicles Act read with Rule 3 of Tamil Nadu Motor Vehicle

Accident Claims Tribunal Rules, claiming a compensation of

Rs.10,00,000/- for the death of Subramani, who lost his life on account of a

road accident that occurred on 16.08.2010.

3. The Tribunal, after hearing the arguments of both sides and upon

considering the oral and documentary evidence, has passed an award for

an amount of Rs.18,86,000/- with interest at 7.5% from the date of filing of

the petition till the date of deposit.

https://www.mhc.tn.gov.in/judis C.M.A.No.377 of 2018

4. The learned counsel would vehemently argue that the deceased

who was aged 45 years, died due to the accident, leaving behind his

children, wife and mother. The notional income was fixed as Rs.8,000/-

and 30% future prospects was added and the income was calculated at

Rs.10,400/- per month which is on the lower side.

5. Per contra, the learned counsel for the 2nd respondent/insurance

company would strenuously contend that the amount awarded by the

Tribunal is in order and prayed for dismissal of the appeal.

6. Heard the rival contentions made by the learned counsels of both

sides and perused the entire materials on record.

7. It is the evidence of the P.W.2 that on 16.08.2010, at about 8

p.m., while the deceased Subramani was riding his cycle along

Tiruchengode-Bokkampalayam Road in the extreme left side, near

Goundampalayam Mariamman Temple, a motor cycle bearing Reg.No.TN-

34-K4649, which came in a great speed and rash and negligent manner,

hit the cycle of the said Subramani and due to the said impact, he

succumbed to head and other injuries, which is not in dispute.

https://www.mhc.tn.gov.in/judis C.M.A.No.377 of 2018

8. The deceased was stated to be a Weaver by profession. To

substantiate the age of the deceased, no documentary proof was marked.

Therefore, relying upon the post-mortem/Ex.P.4, the age of the said

Subramani is fixed as 45 years.

9. As regards the income of the deceased, it has been stated that

he was earning Rs.10,000/- per month as a Weaver. So, this Court deems

it fit to fix the monthly income of the deceased at Rs.8000/-

10. As regards the future prospects, the Hon'ble Supreme Court has

standardized the details for various age group of persons, to be added with

income, in National Insurance Co. Ltd. Vs. Pranay Sethi reported in

(2017) 2 TN MAC 609 (SC), wherein, it has been held that for the persons

who are aged between 40 to 50 years and for persons who are self

employed or on a fixed salary, 25% of the income to be added as future

prospects while computing the monthly income. Therefore, monthly

income is calculated as Rs.10,000/- (Rs.8000/-+25%=10,000/-).

11. The relevant multiplicand to be adopted, as per the judgment of

the Hon'ble Supreme Court in the case of Sarla Verma & Others Vs.

Delhi Transport Corporation reported in 2009 (2) TN MAC 1 (SC), for

the age group of persons between 41 to 45, is 14.

https://www.mhc.tn.gov.in/judis C.M.A.No.377 of 2018

12. As regards deduction for personal and living expenses in the

above said case, it has been standardized as 1/4th, if the number of family

members is 4 to 6. Therefore, for loss of income, the following formula

emerges-Rs.10000-1/4=Rs.7500x12x14=Rs.12,60,000/-.

13. The amount of Rs.25,000/- granted by the Tribunal for funeral

expenses, is reduced to Rs.15,000/-. A sum of Rs.15,000/- is granted for

the loss of estate. As regards the other heads, the amounts awarded by

the Tribunal appears to be reasonable and hence, the same need not be

interfered with. Therefore, the compensation awarded by the Tribunal is

reworked as tabulated below:

Sl. Description Amount Amount awarded Award No. awarded by by this Court confirmed Tribunal or enhanced or granted or reduced 1 Loss of Rs.13,11,000/- Rs.12,60,000/- Reduced dependency 2 Loss of Rs.1,00,000/- Rs.1,00,000/- Confirmed consortium

3. For love and Rs.4,50,000/- Rs.4,50,000/- Confirmed affection (for claimants 1 to 5)

https://www.mhc.tn.gov.in/judis C.M.A.No.377 of 2018

Sl. Description Amount Amount awarded Award No. awarded by by this Court confirmed Tribunal or enhanced or granted or reduced 4 Funeral expenses Rs.25,000/- Rs.15,000/- Reduced

5 Loss of estate --- Rs.15,000/- Awarded Total Rs.18,86,000/- Rs.18,40,000/-

14. Thus, the compensation awarded by the Tribunal is reduced

from Rs.18,86,000/- to Rs.18,40,000/- which would carry interest at 7.5%

from the date of filing of the petition till the date of deposit.

15. In the result,

(i) The Civil Miscellaneous Appeal is dismissed by reducing a sum

of Rs.46,000/-. No costs;

(ii) The compensation awarded by the Tribunal is reduced from

Rs.18,86,000/- to Rs.18,40,000/- ;

(iii) The 2nd respondent / Insurance Company is directed to deposit

the reduced compensation amount i.e.,Rs.18,40,000/- (less the amount

already deposited if any) with interest at 7.5% from the date of filing of the

petition till the date of deposit, to the credit of M.A.C.T.O.P. No.179 of