Madras High Court
Balamalai vs S.K.Murugavel on 5 June, 2023
C.M.A.(MD).No.699 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.699 of 2018
1. Balamalai
2. Piramila Devi .....Appellants/ Petitioners
-vs-
1. S.K.Murugavel
2. M/s. Reliance General Insurance Company Ltd.,
Branch Office,
Pandicheri. .... Respondents /Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the award, dated 09.10.2015 in M.C.O.P.No.173
of 2013, on the file of the Motor Accidents Claims Tribunal (Special District
Court), Tiruchirapalli.
For Appellants : Mr.S.Rajasekar
For Respondents : Mr.V.Sakthivel – for R2
: No appearance – for R1
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C.M.A.(MD).No.699 of 2018
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the claimants
seeking enhancement of the compensation of the award passed by the Motor
Accidents Claims Tribunal/Special District Court, Tiruchirapalli, in M.C.O.P.
No.173 of 2013.
2. At the time of the accident, the deceased was 16 years old boy and he
was studying in the 9th standard. The Tribunal has fixed the notional income
at Rs.3,000/-(Rupees Three Thousand only) and applying the multiplier
considering the age of the parents and thereafter, arrived at the loss of income
of Rs.2,70,000/- (Rupees Two Lakhs Seventy Thousand only). The Tribunal
further awarded a sum of Rs.30,000/- (Rupees Thirty Thousand only) towards
loss of love and affection, a sum of Rs.20,000/- (Rupees Twenty Thousand
only) towards funeral expenses and transportation expenses, totally a sum of
Rs.3,20,000/- (Rupees Three Lakhs and Twenty Thousand only) awarded by
the Tribunal. This award is under challenge in the present appeal.
3. According to the learned counsel appearing for the appellants, the
Tribunal has not taken into consideration the future prospects of the deceased
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C.M.A.(MD).No.699 of 2018
boy who was studying in the 9th standard. He further contended that towards
loss of love and affection, the Tribunal has awarded only a sum of
Rs.30,000/- (Rupees Thirty Thousand only) which is on the lesser side. The
Tribunal ought to have awarded higher the amount under the head of funeral
expenses and transportation charges. He further contended that the Tribunal
had applied the multiplier, considering the age of the parents. Hence, he
prayed for enhancing the award amount.
4. Per contra, the learned counsel appearing for the second respondent/
Insurance Company had contended that the Tribunal has properly appreciated
the oral and documentary evidence and arrived at a reasonable quantum a sum
of Rs.3,20,000/- (Rupees Three Lakhs and Twenty Thousand only) and
therefore, does not require any enhancement.
5. I have carefully considered the submissions made by the learned
counsel on either side.
6. The Tribunal has rightly fixed the notional monthly income at
Rs.3,000/- (Rupees Three Thousand only) per month and deducted 50%
towards personal expenses of the deceased and arrived at the monthly income
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C.M.A.(MD).No.699 of 2018
of Rs.1,500/- (Rupees One Thousand and Five Hundred only). However, the
Tribunal has not added 40% towards future prospects. By adding 40%, the
total monthly income would arrive at Rs.2,100/- (Rupees Two Thousand and
one hundred only). The Tribunal had erroneously taken into consideration, the
age of the parents at the time of fixing the multiplier. The correct multiplier
for the age of the deceased person is “18” and therefore, the total award
amount under the head of loss of income would be a sum of Rs.2,100x 12x
18 = as Rs.4,53,600/- (Rupees Four Lakhs Fifty Three Thousand and Six
hundred only).
7. The Tribunal had only awarded a sum of Rs.30,000/- (Rupees Thirty
Thousand only) towards loss of love and affection. However, this Court is
inclined to award a sum of Rs.40,000/- (Rupees Forty Thousand only) each to
both the claimants. The Tribunal has tagged both the funeral expenses and the
transport expenses and has awarded a sum of Rs.20,000/- (Rupees Twenty
Thousand only). This Court is inclined to award a sum of Rs.20,000/-
(Rupees Twenty Thousand only) towards funeral expenses and a sum of
Rs.10,000/- (Rupees Ten Thousand only) towards transport charges.
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C.M.A.(MD).No.699 of 2018
8. In view of the above said deliberations, the award of the Tribunal is
modified as follows:
Loss of Income : Rs. 4,53,600/-
Loss of Love and Affection : Rs. 80,000/-
Funeral Expenses : Rs. 20,000/-
Transportation Expenses : Rs. 10,000/-
Total : Rs. 5,63,600/-
9. Therefore, the award of the Tribunal is modified and enhanced from
Rs.3,20,000/- (Rupees Three Lakhs and Twenty Thousand only) to
Rs.5,63,600/- (Rupees Five Lakhs Sixty Three Thousand and Six Hundred
only) and the said enhanced award amount will carry interest at the rate of
7.5% per annum from the date of the claim petition till the date of realisation.
The 2nd respondent/Insurance Company is directed to deposit the enhanced
amount within a period of eight weeks from the date of receipt of a copy of
this order.
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C.M.A.(MD).No.699 of 2018
10. Accordingly, this Civil Miscellaneous Appeal stands allowed to the
extent as stated above. There shall be no order as to costs.
05.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Motor Accident Claims Tribunal/
Special District Court,
Tiruchirappalli.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.699 of 2018
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.699 of 2018
05.06.2023
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