Manisha vs Manickkam
2023 Latest Caselaw 8013 Mad

                                                                                 C.M.A.No.2552 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 11.07.2023

                                                   CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                              C.M.A.No.2552 of 2021

                  1.Manisha
                  2.Minor Shivani

                  Minor represented by his next friend and
                  natural guardian Mother Manisha                              ...Appellants

                                                        Vs

                  1.Manickkam
                  2.Jayamani
                  3.Jayakumari
                  4.Ramu
                  5.ICICI Lombard General Insurance Company Ltd.,
                    Swarnambika Plaza,
                    Omalur Main Road, Salem – 636 009.                         ... Respondents


                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the judgment and decree dated 09.01.2019 made in
                  M.C.O.P.No.1965 of 2016 on the file of the Special District Court, (II,
                  Additional District Judge), FAC, Motor Accidents Claims Tribunal, Salem.




                  1/8


https://www.mhc.tn.gov.in/judis
                                                                                     C.M.A.No.2552 of 2021




                                        For Appellants    : Mr.Amar D.Pandiya
                                        For R1 to R4      : No Appearance
                                        For R5            : Ms.R.Sree Vidhya


                                                     JUDGMENT

This Civil Miscellaneous Appeal has been filed against the judgment and

decree dated 09.01.2019 made in M.C.O.P.No.1965 of 2016 on the file of the

Special District Court, (II, Additional District Judge), FAC, Motor Accidents

Claims Tribunal, Salem.

2.The respondents 1 to 3/claimants are the father, step mother and step

sister of the deceased, who filed M.C.O.P.No.1965 of 2016, showing the

appellants herein/wife and daughter of the deceased as respondents 3 & 4, on

the file of the Special District Court, (II, Additional District Judge), FAC,

Motor Accidents Claims Tribunal, Salem, claiming a sum of Rs.25,00,000/- as

compensation for the death of one Jayakumar, who died in the accident that

took place on 16.05.2016.

https://www.mhc.tn.gov.in/judis C.M.A.No.2552 of 2021

3.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

the 4th respondent's car driver and directed the 5th respondent/Insurance

Company to pay a sum of Rs.22,30,910/- along with interest at the rate of 7.5%

as compensation to the respondents 1 to 3 and appellants, under following

heads:

                                  S.No            Description              Amount awarded by
                                                                             Tribunal (Rs)
                              1.         Loss of Income                             20,60,910
                              2.         Loss of Consortium for spouse                 40,000
                              3.         Loss of Love & Affection for                1,00,000
                                         appellants and respondents 1 to

                              4.         Funeral Expenses                              15,000
                              5.         Loss of estate                                15,000
                                         Total                                      22,30,910

4.Aggrieved over the apportionment fixed by the Tribunal, the

appellants/respondents 3 and 4 filed the present appeal.

5.Though notice has been served on the respondents 1 to 4 and their

names are printed in the causelists, none appeared on behalf of the respondents

1 to 4, which shows that they are not interested to prosecute the case.

https://www.mhc.tn.gov.in/judis C.M.A.No.2552 of 2021

6.Learned counsel appearing for the appellants would submit that the

deceased, who is the husband of the 1st appellant died in the accident that took

place on 16.05.2016. The respondents 1 to 3/father, step mother and step sister

of the deceased filed M.C.O.P.No.1965 of 2016, on the file of the Special

District Court, (II, Additional District Judge), FAC, Motor Accidents claims

Tribunal, Salem and obtained an award, whereby, the Tribunal awarded a total

sum of Rs.22,30,910/- and fixed the following apportionment:

Appellants'/respondents' Apportionment fixed by relationship with the the Tribunal deceased 1st respondent / father of the Rs.3,30,910/- deceased Respondents 2 and 3 / step Rs.1,50,000/- each mother and step sister of the deceased 1st appellant / wife of the Rs.10,00,000/- deceased 2nd appellant / daughter of the Rs.6,00,000/-

deceased

https://www.mhc.tn.gov.in/judis C.M.A.No.2552 of 2021

7.Learned counsel appearing for the appellants/respondents 3 and 4

would submit that since the appellants are the wife and daughter of the deceased

they are the dependent of the deceased. The 1st respondent who is the father of

the deceased was aged about 45 years at the time of filing the claim petition and

he was living separately, the 2nd respondent is also living with the 1st respondent

and the 3rd respondent has got married and therefore, they are not the dependent

of the deceased. Hence, he prayed to reduce the apportionment fixed to the

respondents 1 to 3 and award the same to the appellants herein.

8.Learned counsel appearing for the 5th respondent/Insurance Company

would submit that the 5th respondent had deposited the entire amount of

compensation awarded by the Tribunal and the respondents 1 to 3 have already

withdrawn 50% of their respective shares.

9.Heard the learned counsel appearing for the appellants/respondents 3

and 4 as well as the 5th respondent/Insurance Company and perused the

materials available on record.

10.Taking into consideration the submission made by the learned counsel

https://www.mhc.tn.gov.in/judis C.M.A.No.2552 of 2021

appearing for either parties and considering that fact that though the claim

petition was filed by the respondents 1 to 3, who are the father, step mother and

step sister of the deceased, the Tribunal ought to have considered the

dependency of the appellants and the respondents 1 to 3, before fixing the

apportionment. Since the respondents 1 to 3 are living separately, the appellants

are the only dependent of the deceased. Therefore, this Court is inclined to

modify the apportionment fixed by the Tribunal. Accordingly, the compensation

awarded by the Tribunal to the respondents 1 to 3 is reduced in the manner

stated at para No.11.

11. The 1st appellant is entitled to a sum of Rs.13,15,455/-, less the

amount if any already transferred in her name. The 2nd appellant is entitled to

sum of Rs.6,00,000/-, less the amount if any already transferred in her name.

The first respondent is entitled to a sum of Rs.1,65,455/- and the respondents 2

and 3 are entitled to a sum of Rs.75,000/- each. As far as the entitlement amount

of Rs.1,65,455/- by the first respondent and a sum of Rs.75,000/- each by the

respondents 2 and 3 are concerned, the said amount had already been paid to

them. Therefore, they are not entitled to any further amount. Hence, what are

https://www.mhc.tn.gov.in/judis C.M.A.No.2552 of 2021

the balance lying to the credit along with interest before the Tribunal, the same

shall go to the proportion mentioned above to the first and second appellant

alone along with interest at the rate of 7.5%. The amount of first and second

appe1lant has to be transferred to the Bank account directly by way of RTGS,

within a period of three weeks from the date of receipt of a copy of this

judgment.

12. In the result, the Civil Miscellaneous Appeal is disposed of. No costs.

11.07.2023 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No

rst

To

The Special District Court, (II, Additional District Judge), FAC, Motor Accidents claims Tribunal, Salem.

KRISHNAN RAMASAMY,J.

https://www.mhc.tn.gov.in/judis C.M.A.No.2552 of 2021

rst

C.M.A.No.2552 of 2021

11.07.2023

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