Madras High Court

R.Tamilselvi vs The Commissioner Of Police on 26 July, 2023

                                                                           C.M.A. No.1451 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 26.07.2023

                                                         CORAM :

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                 C.M.A.No.1451 of 2022

                  1.R.Tamilselvi
                  2.R.Saritha
                  3.R.Sasikala                              ..                        Appellants

                                                            Vs.

                  The Commissioner of Police,
                  Greater Chennai Police,
                  Vepery, Chennai – 600 007.                ..                       Respondent


                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                  Vehicles Act, 1988, against the judgment and decree in MCOP No.6505 of
                  2019 dated 16.12.2021 on the file of the Motor Accident Claims Tribunal,
                  Chief Judge, Small Causes Court, Chennai.


                                    For Appellants     : Mr.R.Mohan Babu

                                    For Respondents : Mr.P.Harish,
                                                Govt. Advocate


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                                                                         C.M.A. No.1451 of 2022

                                       JUDGMENT

This Civil Miscellaneous Appeal has been filed by the appellants

challenging the quantum of compensation granted by the Tribunal in MCOP

No.6505 of 2019 dated 1612.2021 on the file of the Motor Accident Claims

Tribunal, Chief Judge, Small Causes Court, Chennai.

2. The appellants filed M.C.O.P. No.6505 of 2019 dated 16.12.2021

on the file of the Motor Accident Claims Tribunal, Chief Judge, Small Causes

Court, Chennai claiming a sum of Rs.45,00,000/- as compensation for the

death of R.Gopinath, who died in the accident that took place on 10.10.2019.

3. According to the appellants, on the date of accident, i.e. on

10.10.2019 while the deceased Gopinath was riding motorcycle bearing

Regn. No.TN31-CA 5926 in CTH Road from East to West direction, near

Tamil Nadu Special Police Force Arch Gate No.2, a police Innova Car bearing

Regn.No.TN01-G-7857 which was coming in the opposite direction, driven

by its driver in a rash and negligent manner, suddenly turned towards South

direction, hit against the deceased and caused the accident. In the above

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accident, the said Gopinath fell down from the motorcycle, sustained severe

head injuries and died in the hospital.

4. The respondent filed counter statement denying the averments made

by the appellants in the claim petition. According to the respondent, the

accident occurred only due to the negligent act of the deceased who drove the

motorcycle in a rash and negligent manner, hit the back mud flap of the

Innova car and thereby invited the accident. The total compensation claimed

by the appellants are excessive and prayed for dismissal of the claim petition.

5. Before the Tribunal, the 1st appellant examined herself as PW1, Sub-

Inspector, Traffic and Investigation Wing, Poonamallee was examined as PW2

and eye witness to the accident was examined as PW3. Fourteen documents

were marked as Exs.P.1 to Exs.P.14. On the side of the respondent, driver of

the Chennai Central Crime Branch, Team 19 was examined as RW1 but no

document was marked. Exs.X1 to X4 were marked through PW2.

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6. The Tribunal after considering the evidence and documents filed on

the side of the appellants as well as respondent, held that the accident

occurred due to the rash and negligent driving by the driver of the car

belonging to the respondent and awarded a compensation of Rs.15,82,000/- to

the appellants. Aggrieved by the said order, the appellants have preferred the

present appeal seeking enhancement of compensation.

7. The learned counsel appearing for the appellants submitted that the

notional monthly income fixed by the Tribunal at Rs.10,000/- is meagre. At

the time of accident, the deceased was aged 19 years working as a Mobile

Sales Representative at Chennai Mobile Showroom, Ambattur and was

earning a sum of Rs.15,000/- per month apart from Rs.8,000/- as incentive.

The learned counsel further submitted that the Tribunal ought to have taken

the notional monthly income of the deceased at Rs.15,000/-. He also

submitted that the Tribunal erred in deducting 50% towards personal

expenses of the deceased as against 1/3rd since the dependants are widow

mother and two unmarried sisters. The learned counsel further submitted that

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the appeal filed by the respondent challenging the compensation awarded by

the Tribunal was dismissed by this Court on 25.01.2023 in CMA No.170 of

2023. However, this Court, on 05.07.2023, in CMP N.14027 of 2023 in CMA

N.170 of 2023 had granted liberty to the appellants to pursue this appeal

without being influenced by the observations made in CMA No.170 of 2023.

The learned counsel further contended that the Tribunal failed to award any

amount towards loss of love and affection to the appellants 2 & 3. The

compensation awarded by the Tribunal under other heads are also meagre.

For the above reasons, the learned counsel prayed for enhancement of

compensation.

8. The learned counsel for the respondent, per contra submitted that the

appellants have not produced any documents to substantiate the avocation

and income of the deceased. In the absence of any material evidence, the

Tribunal was right in fixing the notional income of the deceased at

Rs.10,000/- per month. The learned counsel further submitted that the

compensation awarded under other heads are also just and reasonable and

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hence no interference is called for in the award passed by the Tribunal and

prayed for dismissal of the appeal.

9. Heard the learned counsel appearing for the appellants as well as

respondent and perused the materials available on record.

10. The only issue involved in this appeal is whether the compensation

awarded by the Tribunal is just and reasonable.

11. From the materials available on record, this court finds that the

notional income fixed by the Tribunal at Rs.10,000/- for the accident which

took place in the year 2019 is meagre. Considering the year of accident, age

of the deceased, nature of avocation, cost inflation index and the formulae

adopted by this Court in Andal and others vs. Avinan Kannan and another

reported in 2019 (1) TN MAC 54 (DB), this Court is of the considered view

that the notional income of the deceased can be fixed at Rs.14,000/- per

month. Since the deceased was a bachelor, 50% has to be deducted

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towards personal expenses of the deceased. The multiplier applicable is

18. Thus, the compensation awarded by the Tribunal under the head loss of

dependency is calculated as follows -

Rs.14,000 + 5,600 (14000 x 40%) x 12 x 18 x 50% = Rs.21,16,800/-

12. The Tribunal has not awarded any amount towards loss of love and

affection to the appellants 2 & 3. The appellants 2 & 3 who are the sisters of

the deceased have lost their brother at his young age. Hence, a sum of

Rs.40,000/- each is awarded under the head loss of love and affection. The

compensation awarded by the Tribunal under other heads are just and

reasonable and hence the same are confirmed. Thus, the compensation

awarded by the Tribunal is enhanced from Rs.15,82,000/- to Rs.22,26,800/-,

break-up as follows -





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                                                                                 C.M.A. No.1451 of 2022

                         Sl. Description                Amount         Amount           Award
                         No                            awarded by    awarded by      confirmed or
                                                        Tribunal      this Court     enhanced or
                                                          (Rs)           (Rs)          granted
                         1.       Loss of dependency   15,12,000/-   21,16,800/-       Enhanced
                         2.       Loss of love &            -          80,000/-        Granted
                                  affection to
                                  appellants 2 & 3
                         3.       Loss of Estate        15,000/-      15,000/-        Confirmed
                         4.       Loss of consortium    40,000/-      40,000/-        Confirmed
                                  to 1st appellants
                         5.       Funeral expenses      15,000/-      15,000/-        Confirmed
                                         Total         15,82,000/-   22,26,800/-      Enhanced
                                                                                          by
                                                                                     Rs.6,44,800/-

13. With the above modification, this Civil Miscellaneous Appeal is

partly allowed and the compensation awarded by the Tribunal at

Rs.15,82,000/- is hereby enhanced to Rs.22,26,800/- 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 respondent is directed to deposit the

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 1 st

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appellant is permitted to withdraw Rs.21,46,800/- and the appellants 2 & 3

are permitted to withdraw Rs.40,000/- each, along with proportionate interest