Madras High Court
A.Balaji vs Akram on 7 July, 2023
CMA No. 845 / 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 845 of 2022
1.A.Balaji
2.A.Rukmani ... Appellants
Versus
1.Akram
2.N.Krishnan
3.The Shriram General Insurance Co.Ltd.,
10002 – E-8 RIICO, Industrial Area,
Sitapura, Jaipur, Rajasthan - 302022. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 59 of 1988 seeking to enhance the compensation
amount made in Judgment and decree dated 08.10.2021 made in
M.C.O.P. No.333 of 2014 on the file of the Motor Accident Claims
Tribunal and Special District Court for Motor Accident Claims Cases,
Krishnagiri by allowing this Civil Miscellaneous Appeal.
For Appellant : Mr. S.P. Yuvaraj.
For Respondents : No appearance for R1 & R2.
Mr. K. Poomalai for R3.
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CMA No. 845 / 2022
JUDGMENT
The appeal has been filed by the petitioners challenging the
quantum of compensation awarded by the Tribunal in M.C.O.P. No. 333
of 2014 dated 08.10.2021.
2.The appellant had filed a claim petition stating that on the date of
accident i.e., on 17.03.2011 at about 04.30 p.m., while the deceased was
walking near Vanaganapalli Diversion Road, the owner-cum-driver of
the Maruthi Omni Car bearing Registration No.KA-08-N-403 drove the
said car in a rash and negligent manner and dashed the deceased as a
result of which the deceased sustained fatal injuries and died on the spot
and Cr.No. 48 of 2011 was registered for the offence under Sections 279
and 304(A) of the Indian Penal Code.
3.The third respondent filed a counter denying all the averments
made in the claim petition and stated that in any case, the claim was
excessive.
4.The first and second respondents remained ex-parte before the
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CMA No. 845 / 2022
tribunal.
5.The first appellant examined himself as PW1 and marked Ex.P.1
to Ex.P.9 and one Srinivasan, who is the eye-witness of the occurrence
has been examined as PW2. No witness was examined and no document
was marked on the side of the third respondent.
6.The Tribunal after considering the oral and documentary
evidence filed on the side of the appellants awarded a compensation of
Rs.8,90,000/- to the appellants. Aggrieved by the said order, the
appellants had preferred the instant appeal.
7.The learned counsel for the appellants submitted that the tribunal
ought to have fixed the monthly income of the deceased as per the
Judgment of this Court in Andal and others Vs. Avinan Kannan and
another reported in 2019 (1) TN MAC 54 (DB) as Rs.9,000/- and thus
prayed for enhancement of the compensation.
8. However, the learned counsel for the third respondent submitted
that the enhancement claimed by the learned counsel for the appellants
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CMA No. 845 / 2022
cannot be considered and submitted that the tribunal had correctly
considered the evidence on record and fixed just compensation at
Rs.8,90,000/- and prayed for dismissal of the appeal.
9.This Court finds that in cases where the claimants have not
established the income, a notional income is fixed. However, this Court
finds that there is no basis while fixing the notional income. It depends
on the nature of the job done by the deceased / claimant and most of the
times, it is left to the discretion of the Court. The Division Bench of this
Court in Andal's case (cited supra), had adopted the method by which
the notional income was fixed on the basis of the cost of inflation index
determined by Central Board of Direct Tax (CBDT). The Honourable
Division Bench took into consideration the income at Rs.6500/- as the
income for a flower vendor in the year 2018 based on the Judgment of
the Honourable Apex Court in Syed Sadiq Vs. United Insurance
Co.Ltd., reported in 2014 (1) TN MAC 459 . The cost of inflation index
for the year 2008 is 129. Thus, the Division Bench for an accident that
took place in the year 2018, calculated the notional income by
multiplying Rs.6500 X Cost of inflation index for the year 2018 / cost of
inflation index for the year 2008. By applying the said method, the
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CMA No. 845 / 2022
monthly income of the deceased is determined as follows; Rs.6,500/- x
184 (cost of inflation index for the year 2011 – 2012 since the accident
occurred on 17.03.2011) / 129 (cost of inflation index for the year 2007 –
2008) = Rs.9,271.317/- rounded off to Rs.9,000/-. Thus, the monthly
income of the deceased is fixed as Rs.9,000/-. After deducting 1/3
towards personal expenses, the sum would be Rs.6000/-. By adding 25%
towards future prospects, the income would be Rs.7,500/-. Hence, the
loss of income of the deceased is arrived at Rs.7500 x 12 x 13 =
Rs.11,70,000/-. The award under the other heads remains the same.
Thus, the compensation awarded by the Tribunal is modified as follows:
S. No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted
1. Loss of 7,80,000/- 11,70,000/- Enhanced
dependency
2. Loss of Estate 15,000/- 15,000/- Confirmed
3. Funeral Expenses 15,000/- 15,000/- Confirmed
4. Loss of Consortium 80,000/- 80,000/- Confirmed
Total Rs.8,90,500/- Rs.12,80,000/- Enhanced by
Rs.3,89,500/-
10. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.8,90,000/- is hereby enhanced to Rs.12,80,000/- together with interest
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CMA No. 845 / 2022
at 7.5% per annum (excluding the default period, if any) from the date of
petition till the date of deposit. The third respondent/Insurance Company
is directed to deposit the enhanced award amount now determined by this
Court along with interest and costs, less the amount already deposited, if
any, within a period of six (6) weeks from the date of a receipt of copy of
this Judgment. On such deposit the appellants are permitted to withdraw
the award amount as per the apportionment fixed by the tribunal along
with proportionate interest and costs, less the amount if any, already
withdrawn. The appellants are directed to pay the necessary Court Fee if
any on the enhanced award amount. No costs.
07.07.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To
The Motor Accident Claims Tribunal,
Special Court for Motor Accident Claims Cases,
Krishnagiri.
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CMA No. 845 / 2022
https://www.mhc.tn.gov.in/judis
CMA No. 845 / 2022
SUNDER MOHAN, J
ay
C.M.A. No. 845 of 2022
https://www.mhc.tn.gov.in/judis
CMA No. 845 / 2022
Dated: 07.07.2023
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