Madras High Court
Selvi vs E.Nandhini on 2 June, 2023
2023/MHC/2448
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A(MD)Nos.2 and 3 of 2021
C.M.A(MD)No.2 of 2021
1.Selvi,
2.Minor S.S.Dhivan :Appellants/Petitioners
(Minor Second appellant represented by his mother, natural
guardian and the first appellant herein Selvi)
/vs/
1.E.Nandhini
2.The Branch Manager,
Future General India Insurance Company Limited,
Office of Code -43, Sriram Centre,
Third Floor, D.No.`80,P.P.Chavadi,
Theni Main Road,
Madurai – 625 016.
3.N.Kanagasabapathy
4.K.Jeyanthi :Respondents/Respondents
C.M.A(MD)No.3 of 2021
V.Tamilselvan :Appellant/Petitioner
/vs/
1.E.Nandhini
1/13
https://www.mhc.tn.gov.in/judis
2.The Branch Manager,
Future General India Insurance Company Limited,
Office of Code -43, Sriram Centre,
Third Floor, D.No.`80,P.P.Chavadi,
Theni Main Road,
Madurai – 625 016. :Respondents/Respondents
PRAYER in C.M.A(MD)No.2 of 2021: Civil Miscellaneous Appeal
filed under Section 173 of the Motor Vehicles Act against the fair
order and decretal order made in M.C.O.P.No.189 of 2017, dated
28.2.2020, on the file of the Motor Accident Claims Tribunal/IVth
Additional District Judge, Madurai, for enhancement of
compensation.
PRAYER in C.M.A(MD)No.3 of 2021: Civil Miscellaneous Appeal
filed under Section 173 of the Motor Vehicles Act against the fair
order and decretal order made in M.C.O.P.No.748 of 2017, dated
28.2.2020, on the file of the Motor Accident Claims Tribunal/IVth
Additional District Judge, Madurai, for enhancement of
compensation.
C.M.A(MD)No.2 of 2021:
For Appellants :Mr.K.Kumaravel
For Respondent-1 :Set exparte
For Respondent-2 :Mr.S.Srinivasa Raghavan
For Respondent-3 :No appearance
For Respondent-4 :Mr.M.Sridharan
2/13
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.3 of 2021:
For Appellant :Mr.K.Kumaravel
For Respondent-1 :Set exparte
For Respondent-2 :Mr.S.Srinivasa Raghavan
COMMON JUDGMENT
************************
C.M.A(MD)No.2 of 2021 is filed seeking enhancement of
compensation by the legal heirs of the deceased K.Selvakumar,
whereas, C.M.A(MD)No.3 of 2021 is filed seeking enhancement of
the compensation by the injured claimant who sustained injuries in
the same accident.
2.The parties are referred to herin as per their ranking
before the Tribunal.
3.M.C.O.P.No.189 of 2017 has been filed claiming
compensation on account of the death of the deceased husband of
the first Petitioner, father of the second petitioner and respondents
3 and 4 are the parents of the deceased. The deceased Selvakumar
is aged 29 years at the time of accident. On 5.9.2016,at about
21.15 hours, the deceased was riding his motor cycle bearing
Registration No. TN 59 B V 8776 with one Tamil Selvan, appellant
https://www.mhc.tn.gov.in/judis
in C.M.A(MD)No.3 of 2017, as pillion rider, on Melur-Trichy Main
Road from north to south keeping left side of the road. At that
time, the first respondent's driver drew the car bearing
Registration No.TN 38 BT 6458 from the opposite direction in the
wrong side and in a rash and negligent manner and dashed against
the two wheeler on the eastern side of the road. As a result, the
deceased succumbed to injuries and the Petitioner in M.C.O.P.No.
748 of 2017, who was travelling as a pillion rider, sustined injuries.
The deceased was earning more than Rs.30,000/-p.m and hence the
wife and minor child claim compensation. Similarly the injured
filed a separate claim petition claiming compensation for the
injuries sustained by him.
4.Both the claim petitions were tried together and disposed of
by a common order.
6.Before the Tribunal, on the side of the Petitioners, P.W.1 to
P.W.7 were examined and Ex.P1 to Ex.P40 were marked. On the
side of the respondents, no witness was examined and no
documents were marked. Ex.C1 and Ex.C2 were marked.
7.The Tribunal, after considering the evidence adduced on
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side of the Petitioners, has found that only the driver of the
offending vehicle drove the vehilcle in a rash and negligence
manner and fastended the liability on them. The Tribunal has fixed
the notional income of the deceased at Rs.10,000/-p.m and added
future prospects and awarded compensation of Rs.25,56,780/- as
follows:
1.for loss of income - Rs.21,42,000/-
2.for loss of estate - Rs.15,000/-
3.for funeral expenses – Rs.15,000/-
4.for loss of consortium- Rs.40,000/-
to the first Petitioner
5.for medical expenses -Rs.3,44,780/-
---------------------
total -Rs.25,56,780/-
----------------------
8.In the case of injured Tamilselvan in C.M.A(MD)No.3 of
2021, the Tribunal, after analyzing the evidence on record,
awarded the compensation as follows:
1.for medical expenses - Rs.3,54,737/-
2.for partitial disability - Rs.1,28,000/-
3.for loss of earning - Rs.1,20,000/-
4.for pain and sufferings – Rs.20,000/-
5.for transport to the - Rs.10,000/-
hospital
6.for extra nourishment - Rs.10,000/-
7.for loss of amenities - Rs.30,000/-
---------------------
total - Rs.6.72.737/-
---------------------
Not satisfied with the above said award amounts, the
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appellant/s/claimants have filed these two appeals.
C.M.A(MD)No.2 of 2021:
9.The learned counsel for the appellants would submit that
the Tribunal has fixed the notional income of the deceased at Rs.
10,000/-p.m and according to them, the deceased was owning a
transport vehicle and was earning a sum of Rs.45,000/-p.m at the
relevant point of time. The accident took place in the year 2016 and
even if Minimum Wages Act is applied, he would have at least earn
a sum of Rs.12,000/-p.m and hence prayed for enhancement of
compensation.
10.The learned counsel for the second respondent would
submit that the Tribunal has rightly appreciated the evidence of
the parties and fixed the compensation. Hence opposed the appeal
for enhancement of compensation.
11.In the light of the above facts, now the point that arose for
consideration is as follows:
1.Whether the notional income fixed by the Tribunal is
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proper or require to be enhanced?
12.The evidence of the Petitioners would clearly shows that
the deceased was aged 29 years at the time of accident and was
earning a considerable sum through his transport vehicle and after
the accident, it appears to have sold the transport vehicle. Even
though there is no definite income established on the side of the
Petitioners, the fact remains that the deceased was earning a
considerable sum and owning a passenger van at the relevant
point of time. This Court is of the view that even if Minimum Wages
Act is applied, at the relevant point of time, the deceased would
have earned at least more than Rs.10,000/-p.m. Accordingly, this
Court fixed the notional income of the deceased at Rs.12,000/-p.m
and if 40% is added towards future prospects, the monthly income
comes to Rs.16,800/- and if 1/4th is deducted towards personal
expenses of the deceased, the monthly income comes to Rs.12,600/-
p.m and if multiplier of '17' is applied for the age group of the
deceased, the total loss of dependency comes to Rs.12,600/- x 17 x
12 = Rs.25,70,400/-..Further, the Tribunal has not awarded any
amount towards loss of love and affection and hence, this Court
awards a sum of Rs.40,000/- each to the second Petitioner and
respondents 3 and 4, totalling to Rs.1,20,000/-. Further, the award
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of Rs.15,000/- towards loss of estate and Rs.15,000/- towards
funeral expenses and Rs.40,000/- towards loss of consortium to the
first Petitioner and Rs.3,44,780/- towards medical expenses stand
confirmed and thus the compensation is arrived as follows:
S.No Name of the Awarded by Awarded by Remarks
heads the Tribunal this Court
1 For loss of Rs. Rs. enhanced
income 21,42,000/- 25,70,400/-
2 For loss of Rs.40,000/- Rs.40,000/- same
consortium to the
first
Petitioner/wife
3 For loss of estate Rs.15,000/- Rs.15,000/- same
4 For funeral Rs.15,000/- Rs.15,000/- same
expenses
5. For loss of love ---- Rs. Newly
and affection to 1,20,000/- awarded
the second (Rs.40,000/-
Petitioner and each)
respondents 3
and 4
6 For medical Rs. Rs. Same
expenses 3,44,780/- 3,44,780/-
7 Total Rs. Rs. enhanced
25,56,780/- 31,05,180/-
Thus the total compensation payable to the Petitioners is Rs.
31,05,180/-/- rounded off to Rs.31,05,000/- with interest at the rate
of 7.5%p.a from the date of claim petition till the date of
realization.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.3 of 2021
13.As far as this appeal is concerned, the Tribunal has
awarded a sum of Rs.6,72,737/- as compensation. The disability
suffered by the claimant is only partial permanent disability,
besides he is running a tea stall. The nature of the injury sustained
by the Petitioner is only fracture in the left leg and fracture is also
cured. Further there is no proof for functional disability. The nature
of the fracture and injury will not immobilize the Petitioner from
doing any other work as before.
14.In such view of the matter, this Court is of the view that
the amount awarded by the Tribunal does not require any
interference, except the award under the head of pain and
sufferings at Rs.20,000/- which seems to be low and the same is
enhanced to Rs.50,000/- and thus, the compensation is arrived as
follows:
S.No Name of the Awarded by Awarded by Remarks
heads the Tribunal this Court
1 For partial Rs. Rs. same
disability 1,28,000/- 1,28,000/-
2 For loss of Rs. Rs. same
earning 1,20,000/- 1,20,000/-
https://www.mhc.tn.gov.in/judis
3 For pain and Rs.20,000/- Rs.50,000/- Enhanced
sufferings by Rs.
30,000/-
4 For medical Rs. Rs. same
expenses 3,54,737/- 3,54,737/-
5. For transport to Rs.10,000/- Rs.10,000/- same
hospital
6 For extra Rs.10,000/- Rs.10,000/- Same
nourishment
7 For loss of Rs.30,000/- Rs.30,000/- Same
amenities
8 Total Rs. Rs. enhanced
6,72,737/- 7,02,737/-
Thus the total compensation payable to the Petitioner is Rs.
7,02,737/- rounded off to Rs.7,03,000/- with interest at the rate of
7.5%p.a from the date of claim petition till the date of realization.
C.M.A(MD)No.2 of 2021
12.In the result,the Civil Miscellaneous Appeal is allowed
enhancing the compensation from Rs.25,56,780/- to Rs.31,05,180/-
with interest at the rate of 7.5%p.a., from the date of claim petition
till the date of realization. The second respondent-Insurance
Company is directed to deposit the above said enhanced award
amount with accrued interest and costs, less the award amount
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already deposited,if any, to the credit of claim petition before the
Tribunal, within a period of four weeks from the date of receipt of
a copy of this judgment. On such deposit being made, first
Petitioner and respondents 3 and 4 are entitled to withdraw their
share in the award amount, as per the ratio of apportionment made
by the Tribunal, with proportionate accrued interest and costs, less
the award amount, if any already withdrawn, by filing necessary
application before the Tribunal. The share of the minor second
Petitioner is directed to be deposited in any one of the nationalized
bank in an interest bearing fixed deposit till the minor attains
majority and the first petitioner/mother is permitted to withdraw
the interest from the said deposit once in three months and utilize
the same for the welfare of the child. The Petitioners 1 and
2/claimants and respondents 3 and 4 are directed to pay the
excess court fee, if any, towards the enhanced award amount to the
credit of Registry. Only on such payment being made, Registry is
directed to draft the decree in the appeal. No costs.
C.M.A(MD)No.3 of 2021
12.In the result,the Civil Miscellaneous Appeal is allowed
enhancing the compensation from Rs.6.72.737/- to Rs.7,02,737/-
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with interest at the rate of 7.5%p.a., from the date of claim petition
till the date of realization. The second respondent Insurance
Company is directed to deposit the above said modified enhanced
award amount with accrued interest and costs, less the award
amount already deposited,if any, to the credit of claim petition
before the Tribunal, within a period of four weeks from the date of
receipt of a copy of this judgment. On such deposit being made, the
Petitioner claimant is permitted to withdraw the award amount
with accrued interest and costs, less the award amount, if any
already withdrawn, by filing necessary application before the
Tribunal. No costs.
02.06.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
To
1.The Motor Accidents Claims Tribunal,
(IVth Additional District Judge),
Madurai.
2.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR.,J.
vsn
COMMON JUDGMENT MADE IN
C.M.A(MD)Nos.2 and
3 of 2021
02.06.2023
https://www.mhc.tn.gov.in/judis
