Madras High Court
Valli vs K.Saravana Velu on 6 July, 2023
C.M.A.No.431 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2023
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.431 of 2017
1.Valli
2.Minor S.Pushpaganapathy,
Rep by his mother/first appellant
3.K.Adhimal
...Appellants
Vs
1.K.Saravana Velu
2.Iffco Tokyo General Insurance Co. Ltd.,
No.28 (Old No.195), North Usman Road,
T.Nagar, Chennai 600 017.
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the award amount with interest at the rate of
18% per annum and costs.
For Appellant : Mr.C.Munusamy
For Respondents : Mr.L.Micheal Visvasam for R2
Notice not ready for R1
1/9
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C.M.A.No.431 of 2017
JUDGMENT
The Civil Miscellaneous Appeal was filed to enhance the award amount
with interest at the rate of 18% per annum
2. The learned counsel appearing for the appellant would submit that the
as per the Ex.P6, the deceased, who died due to the accident occurred on
25.12.2010, was working as Gangman Mazdoor at the office of Tamil Nadu
Highways Department and at the time of death, he was about 35 years old and
he was drawing a salary of Rs.11,256/-. With regard to the same, a
documentary evidence was produced before the Tribunal and the same was
marked as Ex.P6. Further, it appears that he was paying a sum of Rs.4,575/-
towards the home loan along with GPF and the said amount was deducted by
the Tribunal while awarding the compensation. According to the learned
counsel for the appellant, the said amount has to be included and thereafter only
the compensation should be awarded.
3. He would further contend that the compensation awarded under the
head “love and affection” to the second and third respondents herein is on the
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C.M.A.No.431 of 2017
lower side and the Tribunal had awarded the funeral expenses only to a sum of
Rs.5,000/- and no amount was awarded for loss of estate and transportation.
Hence, this appeal.
4. On the other hand, the learned counsel appearing for the insurance
company/second respondent had strongly objected the submissions made by the
learned counsel for the appellant and further, questioned about the veracity of
Ex.P6. He would further submit that since Ex.P6 is not supported by evidences,
the employment of the deceased as Gangman Mazdoor at the office of Tamil
Nadu Highways Department is doubtful. Hence, he prays for the dismissal of
this petition.
5. In reply, the learned counsel appearing for the appellant would request
this Court to fix the notional income and award compensation based on the
Ex.P6 and with regard to all other heads, he requests this Court to award
compensation as per the law laid down in the judgement in Sarla Verma &
others vs. Delhi Transport Corporation & another reported in 2009 (2)
TNMAC 1 SC.
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C.M.A.No.431 of 2017
6. I had given due consideration to the submissions made by the learned
counsel for the appellant as well as the respondent.
7. As per Ex.P6, the deceased was receiving a sum of Rs.11,256/- as
salary and the same was proved by the document, which was produced and
marked through PW1 as Ex.P6. Further, PW1 had categorically stated that her
husband as working as Gangman Mazdoor at the office of Tamil Nadu
Highways Department at the time of death and PF contribution and loan
repayment was also made by him and hence, it is an admitted fact. Therefore, I
do not find any error in the order passed by the Court below with regard to the
consideration of Ex.P6. However, the Tribunal ought not to have deducted a
sum of Rs.4,575/-, which was contributed towards the PF and home loan by the
deceased. Since these are all the income of the deceased, the same has to be
considered by the Trial Court while awarding compensation.
8. In view of the above, this Court is inclined to take the income of the
deceased as a sum of Rs.11,256/- at the time of accident. Since there are three
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C.M.A.No.431 of 2017
dependents in the family of deceased, towards his personal expenses 1/3rd of the
amount has to be deducted i.e., Rs.3,752/-. After deducting the said amount, the
loss of income for the dependents would come around a sum of Rs.7,504/-
(Rs.11,256 – Rs.3,752). Further, the Court below had not included the future
prosperous as per the law laid down in Sarla case. Therefore, in the present
case, this Court is inclined to include 40% towards future prosperous. By
adding 40%, the loss of income per month would be a sum of Rs.10,505/-. In
the present case, the multiplier applicable is '16' and hence, the loss of income
for the dependents of the deceased will be calculated as follows:
Rs.10505*12*16=Rs.20,16,960/-.
9. Further, the Tribunal had awarded a sum of Rs.20,000/- towards loss of
love and affection to the second and third appellants, who were son and mother
of the deceased and Rs.10,000 towards loss of consortium to the first appellant,
who is the wife of the deceased. However, as per the law laid down in Sarla
case, they are entitled for a sum of Rs.40,000/- each and hence, the loss of love
and affection would come around Rs.1,20,000/- (Rs.40,000*3).
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C.M.A.No.431 of 2017
10. That apart, this Court is inclined to award a sum of Rs.15,000/-
towards funeral expenses, a sum of Rs.15,000/- towards loss of estate and a sum
of Rs.10,000/- towards transportation. Accordingly, the compensation awarded
by the Tribunal is modified as follows:
S.No. Heads Compensation Compensation
awarded by Tribunal awarded by this
(Rs.) Court (Rs.)
1 Loss of income 7,04,000 20,16,960
2 Loss of consortium 10,000 40,000
(to wife of the
deceased)
3 Loss of love and 20,000 80,000
affection
(to the mother and
son of the deceased)
4 Funeral expenses 5,000 15,000
5 Loss of estate 0 15,000
6 Transportation 0 10,000
Total 7,39,000 21,76,960
11. The modified amount of a sum of Rs.21,76,960/- is rounded off to a
sum of Rs.21,77,000/-. Accordingly, the compensation awarded by the Tribunal
is hereby increased from Rs.7,39,000/- to Rs.21,77,000/-. In all other aspects,
the award of the Tribunal stands confirmed.
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C.M.A.No.431 of 2017
12. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.7,39,000/- is hereby enhanced
to Rs.21,77,000/- with interest at the rate of 7.5% per annum from the date of
petition till the date of realisation. The appellants/claimants shall pay necessary
Court fee, if any, on the enhanced compensation. The 2nd respondent/Insurance
Company is directed to deposit the enhanced award amount along with interest
and costs now determined by this Court, less the amount already deposited, if
any, within a period of eight weeks from the date of receipt of a copy of this
judgment. On such deposit, the 1st appellant is permitted to withdraw her share
i.e a sum of Rs.14,00,000/-, of the award amount, along with interest and costs,
less the amount if any, already withdrawn and the 3rd appellant is permitted to
withdraw her share i.e., a sum of Rs.3,77,000/-, of the award amount, along with
interest and costs, less the amount if any, already withdrawn. The share of the
minor 2nd appellant i.e a sum of Rs.4,00,000/- is directed to be deposited in any
one of the Nationalised Bank till he attains majority. The 1st appellant being the
mother of the minor is permitted to withdraw the accrued interest once in three
months for the welfare of the minor. The Tribunal is directed to transfer the
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C.M.A.No.431 of 2017
share of the 1st and 3rd appellants by way of RTGS, within a period of three
weeks from the deposit or from the date of receipt of the Bank details obtained
for the claimant or application made by the 1st and 3rd appellants for withdrawal,
whichever is earlier. No costs.
13. On perusal, it appears that there was a delay in filing the petition for a
period of 253 days. Therefore, it is made clear that the appellants are not
entitled for the interest at the rate of 7.5% for the said delayed period of 253
days.
06.07.2023
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
nsa
To:
The Motor Accident Claims Tribunal,
Special District Court, Villupuram.
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C.M.A.No.431 of 2017
KRISHNAN RAMASAMY,J.
nsa
C.M.A.No.431 of 2017
06.07.2023
https://www.mhc.tn.gov.in/judis
