Madras High Court
Ranganayagi vs B.Katharshek on 9 June, 2023
C.M.A.No.1368 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2023
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No.1368 of 2022
1.Ranganayagi
2.Shobana
3.Suba
4.Ajithkumar @ Perumal ... Appellants
Vs.
1.B.Katharshek
2.The Manager
Royal Sundaram Alliance Insurance Company Limited
Residing at No.1, Club House Road
Anna salai, Chennai-2. ... Respondents
(The 1st respondent remained absent and set ex-parte
before the Tribunal and hence, notice to the 1st
respondent is dispensed with)
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles
Act, 1988 praying against the judgment and decree dated 06.07.2019 made in
M.C.O.P.No.1059 of 2016 on the file of the Motor Accidents Claims Tribunal,
Additional District Court (FTC) at Kanchipuram.
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C.M.A.No.1368 of 2022
For Appellants : Mr.M.Lokesh
For R2 : Mrs.C.Harini
JUDGMENT
The appeal is filed by the appellants/claimants for enhancement of
compensation granted by the Tribunal in the award dated 06.07.2019 made in
M.C.O.P.No.1059 of 2016 on the file of the Motor Accidents Claims Tribunal,
Additional District Court (FTC) at Kanchipuram.
2. The brief facts leading to the appeal are that, on 15.09.2016 at about 5.15
a.m., while the deceased Ravi was riding his motor cycle bearing Registration No.TN-
19-P-6710 along with a pillion rider towards Walajabad on Tambaram to Walajabad
State Highway, near Uthukottai Koot Road, the driver of the lorry bearing
Registration No.TN-19-R-2493 belonging to the 1st respondent drove the same in a
rash and negligent manner, hit the motor cycle from behind, due to which, the
deceased Ravi sustained fatal injuries and died on the spot. According to the
appellants/claimants, the accident occurred due to rash and negligent driving by the
driver of the lorry. The deceased Ravi was aged 45 years at the time of accident and as
a self-employed, he was earning income at Rs.25,000/- per month. Therefore, the
widow and children of the deceased filed the Claim Petition seeking a sum of
Rs.40,00,000/- as compensation.
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C.M.A.No.1368 of 2022
3. The 1st respondent, owner of the lorry remained exparte before the Tribunal
and the Claim Petition was contested by the 2nd respondent. The 2nd
respondent/Insurance Company filed a detailed counter denying all the averments
made in the Claim Petition apart from denying the negligence, liability and quantum
of compensation.
4. Before the Claims Tribunal, in support of their claim, the 1 st appellant/1st
claimant, wife of the deceased, examined herself as P.W.1, the eye-witness was
examined as P.W.2 and one Kubendran was examined as P.W.3 and seven documents
were marked as Exs.P1 to P7. The 2nd respondent/Insurance Company did not let in
any oral and documentary evidence.
5. The Claims Tribunal, on an assessment of entire evidence on record,
rendered a finding of negligence against the driver of the lorry belonging to the 1st
respondent, assessed the compensation at Rs.11,72,416/- along with 7.5% interest and
mulcted the entire liability on the 2nd respondent Insurance Company. Not satisfied
with the award passed by the Claims Tribunal, the appellants/claimants have filed the
above appeal for enhancement of compensation.
6. Learned counsel for the appellants/claimants submitted that the deceased
Ravi was aged 45 years at the time of accident and was earning a sum of Rs.25,000/-
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C.M.A.No.1368 of 2022
per month by doing timber business. Learned counsel further submitted that the
assessment of notional income by the Tribunal at Rs.7,000/- per month was very much
on the lower side and therefore, the award deserved to be interfered with in the
appeal.
7. Learned counsel for the 2nd respondent/Insurance Company on the other hand
submitted that the award of the Tribunal was fair, just and reasonable and did not call
for any interference in the appeal.
8. I have heard both the learned counsels and perused the entire materials
placed on record.
9. It is seen from the records that the accident occurred in the year 2016, the
deceased was aged 45 years at the time of accident and was maintaining a family of
four members. According to the appellants, the deceased was doing timber business
and was earning a sum of Rs.25,000/- per month. In the absence of any material with
regard to income of the deceased, the Tribunal fixed the notional income of the
deceased at Rs.7,000/- per month. Considering the cost escalation for the year 2016
and also the avocation of the deceased Ravi, I am of the view that the notional income
can be fixed at Rs.12,000/- per month. The Tribunal added 25% towards future
prospects, applied multiplier '14' and deducted 1/4th towards personal expenses of the
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C.M.A.No.1368 of 2022
deceased. Thus, by fixing the monthly income of the deceased at Rs.12,000/-, the
compensation awarded by the Tribunal towards loss of dependency is modified to
Rs.18,90,000/- (Rs.12,000/- + 3000 [Rs.12,000/- X 25%] X 12 X 14 X 3/4).
Therefore, the appellants/claimants are entitled to Rs.18,90,000/- towards loss of
dependency. The Claims Tribunal has not awarded any sum towards loss of love &
affection to the appellants 2 to 4, who are children of the deceased. I therefore, find
that the appellants 2 to 4 shall be entitled to Rs.40,000/- each towards loss of love &
affection. The award of the Tribunal under the heads “loss of consortium, funeral
expenses and loss of estate” are just and reasonable and hence, the same are hereby
confirmed.
10. In view of the above discussions, the award of the Tribunal is modified as
follows:
S.No. Various Heads Award of the Tribunal Award of this Court
1. Loss of dependency Rs.11,02,416/- Rs.18,90,000/-
2. Funeral expenses Rs.15,000/- Rs.15,000/-
3. Loss of consortium to the Rs.40,000/- Rs.40,000/-
1st appellant
4. Loss of estate Rs.15,000/- Rs.15,000/-
5. Loss of love & affection - Rs.1,20,000/-
to the appellants 2 to 4 (Rs.40,000/- X 3)
Rs.20,80,000/-
Total Compensation Rs.11,72,416/- enhanced amount
Rs.9,07,584/- rounded
off to Rs.9,08,000/-
The compensation awarded by the Tribunal at Rs.11,72,416/- is therefore enhanced to
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C.M.A.No.1368 of 2022
Rs.20,80,000/- along with interest at 7.5% per annum.
11. It is submitted by the learned counsel for the 2nd respondent/Insurance
Company that appeal was filed with the delay of 791 days and delay was condoned on
condition that the appellants shall forfeit the interest for the delay period of 791 days
as per the order of this Court dated 13.06.2022 made in C.M.P.No.5893 of 2022 in
C.M.A.SR.No.32126 of 2022. In view of the above submission, it is made clear that
the appellants/claimants are not entitled for any interest for the delay period of 791
days on the amount of Rs.9,08,000/- enhanced by this Court.
12. Learned counsel for the 2nd respondent/Insurance Company submitted that
the entire amount awarded by the Tribunal along with accrued interest and costs has
already been deposited before the Tribunal. In view of the said submission, there shall
be a direction to the 2nd respondent/Insurance Company to deposit the enhanced
amount of Rs.9,08,000/- along with 7.5% interest and costs, less the amount already
deposited, within a period of six weeks from the date of receipt of a copy of this
judgment. On such deposit being made, the appellants/claimants shall be entitled to
withdraw their respective share of the enhanced amount and as per the apportionment
fixed by the Tribunal, along with proportionate interest and costs, less the amount if
any, already withdrawn, by making appropriate application before the Tribunal.
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C.M.A.No.1368 of 2022
13. The appeal is accordingly partly allowed. There shall be no order as to
costs.
09.06.2023
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
kj
To
1.The Additional District Judge
Motor Accidents Claims Tribunal
Fast Track Court, Kanchipuram.
2.The Section Officer,
V.R.Section,
High Court, Madras.
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C.M.A.No.1368 of 2022
N.MALA.J.,
kj
C.M.A.No.1368 of 2022
09.06.2023
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