Madras High Court
S.Mohana vs M/S.Uma Blue Metals on 20 July, 2023
CMA No. 2055 / 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 2055 of 2022
1.S.Mohana
2.S.Rasigasri Minor
3.S.Nithish Minor
4.M.Devaki
5.M.Mani
(Appellants 2 and 3 are represented by their
mother and next friend S.Mohana) ... Appellants
Versus
1.M/s.Uma Blue Metals,
No.2/2, Vettaikaran Kuppam Village,
Kottaikadu, Kancheepuram District.
2.Reliance General Insurance Company Limited,
Reliance House, 6th Floor, No.6,
Haddows Road,
Nungambakkam, Chennai 600 034. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 seeking to allow this appeal and to set aside
the Judgment and Decree dated 21.12.2021 passed in M.C.O.P. No. 1681
of 2020 on the file of Motor Accident Claims Tribunal, Chennai, Chief
Judge, Court of Small Causes, Chennai and enhance the award amount.
https://www.mhc.tn.gov.in/judis
1/8
CMA No. 2055 / 2022
For Appellants : Mr. K. Balaji.
For Respondents : Mr. C. Bhuvaneswari for R2.
No appearance for R1.
JUDGMENT
The appeal has been filed by the claimants challenging the
quantum of compensation awarded by the Tribunal in M.C.O.P. No. 1681
of 2020 dated 21.12.2021.
2.The appellants had filed a claim petition before the Tribunal
stating that on 26.02.2020 at about 14.45 hours, when the deceased was
riding an auto bearing Registration No. TN-19-AF-0531 at Pavvunjar to
Koovathur Road, a lorry bearing Registration No. TN-19-T-1496 was
driven by its driver in a rash and negligent manner and dashed the auto as
a result of which the deceased sustained fatal injuries and thus they are
entitled for compensation.
3.The second respondent filed a counter denying all the averments
made in the claim petition and stated that in any case, the claim was
excessive.
https://www.mhc.tn.gov.in/judis
CMA No. 2055 / 2022
4.The first respondent remained ex-parte before the tribunal.
5.The appellants examined two witnesses on their side and marked
Ex.P.1 to Ex.P.17. No witness was examined on the side of the second
respondent and no document was marked.
6.The Tribunal after considering the oral and documentary
evidence awarded a compensation of Rs.22,46,000/- to the appellants to
be paid by the respondents. Aggrieved by the said quantum of
compensation, the appellants had preferred the instant appeal.
7.The learned counsel for the appellants submitted that the
compensation awarded by the Tribunal has to be enhanced. The Tribunal
had fixed a meagre notional income of Rs.10,000/- for the accident
which took place in the year 2020. It is submitted that the deceased was
working as an auto driver and was earning more than Rs.30,000/- per
month and hence, the notional income has to be enhanced. The learned
counsel further submitted that the award under the other heads are just
and reasonable.
https://www.mhc.tn.gov.in/judis
CMA No. 2055 / 2022
8.Though notice has been served, none has entered appearance on
behalf of the first respondent.
9.The learned counsel for the second respondent submitted that
the Tribunal had awarded just and reasonable compensation and hence,
the same need not be interfered with. The appellants have not
established the income of the deceased and the fact that he was an auto
driver. Hence, the learned counsel prayed that the appeal may be
dismissed.
10.In the instant appeal, the short question that is involved is
whether the quantum of compensation awarded by the Tribunal is just
and reasonable. It is the case of the appellants that the deceased was an
auto driver and was earning more than Rs.30,000/- per month. However
the appellants have not produced any proof to establish the same. But
the evidence of PW1 shows that the deceased was an auto driver.
Considering the cost inflation index, the fact that the deceased was an
auto driver at the time of the accident, that the deceased has four
https://www.mhc.tn.gov.in/judis
CMA No. 2055 / 2022
dependents and the accident is of the year 2020, this Court is of the view
that the notional income of the deceased can be fixed at Rs.15,000/-. The
deceased was aged 35 and 40% increase towards future prospects has to
be taken. The multiplier applicable is 16. Since there were four
dependents, 1/4th of his income has to be deducted towards his personal
expenses. The award of compensation under the other heads are just and
reasonable. Therefore, the award of compensation under the head Loss
of income is calculated as follows; Rs.15,000/- + 40% = Rs.21,000/- X
12 X 16 X 3/4 = Rs.30,24,000/-. Thus, the compensation awarded by the
Tribunal is modified as follows;
S. No Description Amount Amount Award
awarded by awarded confirmed or
Tribunal by this enhanced or
(Rs) Court (Rs) granted
1. Loss of income 20,16,000 30,24,000 Enhanced
2. Loss of Estate 15,000 15,000 Confirmed
3. Loss of 2,00,000 2,00,000 Confirmed
Consortium
4. Funeral 15,000 15,000 Confirmed
Expenses
Total 22,46,000 32,54,000 Enhanced by
Rs.10,08,000/-
11. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
https://www.mhc.tn.gov.in/judis
CMA No. 2055 / 2022
Rs.22,46,000/- is hereby enhanced to Rs.32,54,000/- together with
interest at 7.5% per annum (excluding the default period, if any) from the
date of petition till the date of deposit. The second 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 first
appellant is entitled to a sum of Rs.10,54,000/-, the second and third
appellants are entitled to a sum of Rs.9,00,000/- each and the fourth and
fifth appellants are entitled to a sum of Rs.2,00,000/- each. The shares of
the minors viz., Rs.18,00,000/- are directed to be deposited in the interest
bearing Fixed Deposit in any nationalized Bank till they attain majority
and the first appellant, mother of the minors is permitted to withdraw the
interest once in every six months. The appellants 1, 4 and 5 are
permitted to withdraw their respective shares along with proportionate
interest and costs, less the amount if any, already withdrawn as per the
apportionment made by this Court. The appellants are directed to pay the
necessary Court Fee if any on the enhanced award amount. No costs.
https://www.mhc.tn.gov.in/judis
CMA No. 2055 / 2022
20.07.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To
The Chief Judge,
Motor Accident Claims Tribunal,
Court of Small Causes,
Chennai.
https://www.mhc.tn.gov.in/judis
CMA No. 2055 / 2022
SUNDER MOHAN, J
ay
C.M.A. No. 2055 of 2022
Dated: 20.07.2023
https://www.mhc.tn.gov.in/judis
