Madras High Court
S.Therasa vs Seviyar Sagayam on 9 June, 2023
C.M.A.No.3611 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.3611 of 2019
1.S.Therasa
2.J.Selvaraj ... Appellants
Vs.
1.Seviyar Sagayam
2.The Managing Director,
Tamil Nadu Transport Corporation,
Bye pass road, Chettinaickenpatti Village,
Dindigul Taluk & District. ... Respondents
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
Judgment and Decree dated 08.07.2019 passed in M.C.O.P.No.145 of 2017 on
the file of the Motor Accident Claim Tribunal (Subordinate Judge), Avinashi,
and enhance the award amount.
For Appellants : Mr.R.Nalliyappan
For Respondents
For R1 : Dismissed
For R2 : No appearance
1/7
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C.M.A.No.3611 of 2019
JUDGMENT
The Appeal has been filed against the Decree and Judgment dated
08.07.2019 made in M.C.O.P.No. 145 of 2017 on the file of the Motor Accident
Claims Tribunal (Subordinate Judge), Avinashi.
2. The parents of the S.Arul Jenifer (since deceased) are the Appellants
herein and they filed this appeal for the death of the deceased in a road traffic
accident occurred on 03.08.2015, seeking enhancement of compensation
awarded in M.C.O.P.No145 of 2017.
3. The factum of the accident, manner of the accident, rash and negligent
driving on the part of the 1st respondent/driver of the vehicle, insured with the
2nd Respondent are not under challenge in this Appeal. Accordingly, the
finding rendered by the Tribunal is hereby confirmed.
4. During the trial, on the side of the claim Petitioners, P.W.1 and P.W.2
were examined & Ex.P.1 to Ex.P.15 were marked and on the side of the
Respondents, D.W.1 was examined and Ex.D1 was marked.
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C.M.A.No.3611 of 2019
5. Based on the oral and documentary evidence the Tribunal awarded
compensation as follows;-
S.No. Head Amount (Rs.)
1. Loss of income Rs.8,64,000/-
2. Love and affection Rs.40,000/-
3. Funeral expenses Rs.15,000/-
Total Rs.9,19,000/-
In total, the claim Petitioners are entitled to a sum of Rs.9,19,000/-. The
interest awarded by the Tribunal at the rate of 7.5% per annum is hereby
confirmed.
6. The learned counsel for the appellants submitted that the compensation
awarded by the Tribunal under various heads are very meagre and he prays for
enhancement of compensation.
7. Considering the facts and circumstances and on perusal of the
materials placed before this Court, the compensation awarded by the Tribunal
under the head loss of love and affection is enhanced to Rs.80,000/- (Rs.40,000
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C.M.A.No.3611 of 2019
+ Rs.40,000 each). The Tribunal had fixed the monthly income of the deceased
at Rs.6000 per month, since the accident is of the year 2015, this Court is
inclined to fix the monthly income of the deceased at Rs.12,000/- per month.
Accordingly, Rs.18,14,400/- (Rs.12,000/- x 40% (4,800) = Rs.16800 x 12x 18 x
½) is awarded towards loss of income. The Tribunal has not awarded any
amount under the head loss of estate, this Court is inclined to grant Rs.15,000/-
towards loss of estate. The Tribunal awarded Rs.15,000/- funeral expenses,
which appears to be just and reasonable and the same is hereby confirmed.
8. In the light of the said discussions, the modified award is as follows:
S.No. Head Amount (Rs.)
1. Loss of income Rs.18,14,400/-
(16,800*12*18*1/2)
2. Love and affection Rs.80,000/-
(40,000 + 40,000 each)
3. Funeral expenses Rs.15,000/-
4. Loss of estate Rs.15,000/-
Total Rs.19,24,400/-
Accordingly, the amount awarded by the Tribunal is enhanced from
Rs.9,19,000/- to Rs.19,24,400/- together with interest at 7.5% per annum from
the date of petition till the date of deposit as compensation.
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C.M.A.No.3611 of 2019
9. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the
compensation from Rs.9,19,000/- to Rs.19,24,400/- to the extent indicated
above. No Costs.
(ii) the Insurance Company is directed to deposit the enhanced award amount,
with interest and costs before the Tribunal, within a period of six (06) weeks
from the date of receipt of a copy of this order.
(iii) on such deposit being made, the claim Petitioners/Appellants are entitled to
get their share in the enhanced award amount, as per the ratio of apportionment
made by the Tribunal. The claim Petitioners are permitted to withdraw their
share with proportionate interest and costs, less the award amount already
withdrawn, if any, by filing necessary application before the Tribunal.
Remaining share of the claim Petitioners shall be deposited as per the order
made by the tribunal.
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C.M.A.No.3611 of 2019
(iv) the claim Petitioners are directed to pay the court fee, if any, for the
enhanced compensation amount and the Registry is directed to draft the decree
only after the receipt of Court fee.
09.06.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
ata
To
The Presiding Officer,
Motor Accident Claim Tribunal (Subordinate Judge),
Avinashi.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3611 of 2019
A.A.NAKKIRAN.J,
ata
C.M.A.No.3611 of 2019
09.06.2023
https://www.mhc.tn.gov.in/judis
