Renu vs M/S.A.M. Farook & Sons
2023 Latest Caselaw 5826 Mad

Citation : 2023 Latest Caselaw 5826 Mad
Judgement Date : 9 June, 2023

Madras High Court

Renu vs M/S.A.M. Farook & Sons on 9 June, 2023

                                                                               C.M.A.No.1316 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.1316 of 2022

           1.Renu

           2.Rohini                                                           ... Appellants
                                                      Vs.


           1.M/s.A.M. Farook & Sons
           No.1, Jones street
           Mannady, Chennai-600 001.
           (Since the 1st respondent remained exparte
           before the Tribunal, hence, his presence
           may be dispensed with)

           2. Bajaj Allianz General Insurance Company Limited
           No.497/498, 5th floor
           Isana Kattima Building
           P.H.Road, Arumbakkam
           Chennai-600 106.                                                   ... Respondents


           Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles

           Act, 1988 praying against the judgment and decree dated 08.02.2018 made in

           M.C.O.P.No.1661 of 2014 on the file of the Motor Accident Claims Tribunal, (Special

           Sub Court No.1 to deal with MCOP cases, (Small Causes Court), Chennai.




https://www.mhc.tn.gov.in/judis


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                                                                                     C.M.A.No.1316 of 2022


                                  For Appellants : Mr.V.Velu

                                  For R2         : Mr.T.K.Premkumar


                                                    JUDGMENT

The appeal is filed by the appellants/claimants challenging the judgment and

decree dated 08.02.2018 made in M.C.O.P.No.1661 of 2014 on the file of the Motor

Accident Claims Tribunal, Special Sub Court No.1 to deal with MCOP cases, (Small

Causes Court), Chennai.

2. The brief facts leading to the appeal are that, on 29.01.2014, while the

deceased Babu was riding his two wheeler bearing Registration No.TN-22-AE-1704

at about 20.00 hours on TH road, near Suriya Hotel, the driver of the Eicher van

bearing Registration No.TN-04-AA-2525 belonging to the 1st respondent drove the

same in a rash and negligent manner, dashed against the two wheeler, causing him

fatal injuries. According to the appellants/claimants, the deceased Babu was aged 21

years at the time of accident and as a self-employed mechanic, was earning a sum of

Rs.15,000/- per month. The mother and unmarried sister of the deceased have

therefore, filed claim petition seeking compensation of Rs.20,00,000/-.

3. Before the Claims Tribunal, the 1st respondent, owner of the van remained

exparte and the claim petition was contested by the 2nd respondent/Insurance https://www.mhc.tn.gov.in/judis

C.M.A.No.1316 of 2022

Company.

4. The 2nd respondent/Insurance Company filed a detailed counter denying all

the averments made in the claim petition including negligence, liability and quantum

of compensation.

5. Before the claims Tribunal, the 1st appellant/1st claimant, mother of the

deceased examined herself as P.W.1, the eye-witness was examined as P.W.2,

co-employee of the deceased was examined as P.W.3 and Exs.P1 to P9 were marked.

On the side of the 2nd respondent/Insurance Company, Assistant from RTO, Chennai,

was examined as R.W.1 and Legal Executive of the Insurance Company was

examined as R.W.2 and Exs.R1 to R6 were marked.

6. The claims Tribunal, on an assessment of the entire evidence on record,

awarded a sum of Rs.14,44,600/- as compensation along with 7.5% interest. Not

satisfied with the quantum of compensation awarded by the claims Tribunal, the

appellants/claimants have filed the above appeal for enhancement of compensation.

7. Learned counsel appearing for the appellants/claimants submitted that

assessment of income at Rs.8,000/- by the claims Tribunal was erroneous and the

same is very meagre considering that the deceased Babu was self-employed and was

earning a sum of Rs.15,000/- per month at the time of accident. https://www.mhc.tn.gov.in/judis

C.M.A.No.1316 of 2022

8. Learned counsel appearing for the 2nd respondent/Insurance Company on the

other hand submitted that the award of the Tribunal is just, fair and reasonable.

Learned counsel further submitted that the Tribunal erred in awarding a sum of

Rs.2,00,000/- towards loss of love & affection and the award did not call for any

interference on the other heads.

9. I have heard both the learned counsel and perused the materials placed on

record.

10. It is seen that the Tribunal directed the 2 nd respondent/Insurance

Company to pay first and later recover the amount from the owner of the vehicle, as

there was violation of policy. I find no infirmity in the finding of the Tribunal and

hence, the direction for pay and recovery is confirmed.

11. Considering that the accident took place in the year 2014, the cost

escalation and the nature of avocation of the deceased Babu, the notional income can

be fixed at Rs.11,000/- per month. Learned counsel for the 2nd respondent/Insurance

Company is right in submitting that the appellants/claimants shall be entitled to

Rs.40,000/- each towards loss of love and affection instead of Rs.2,00,000/- awarded

by the Tribunal.

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C.M.A.No.1316 of 2022

12. In view of the above discussion, the award of the Tribunal is modified as

follows:

S.No. Various Heads Award of the Tribunal Award of this Court

1. Income Rs.8,000/- per month Rs.11,000/- per month

2. 40% of (1) added for Rs.8,000+ Rs.3200= 40% of (1) added for future prospects Rs.11,200/- future prospects :

Rs.11,000 + Rs.4,400= Rs.15,400/-

3. 50% of (ii) deducted as Rs.11,200 – 5600 = Rs.15,400 – 7,700 = personal expenses of the Rs.5,600/- Rs.7,700/- deceased

4. Compensation after Rs.5,600x12x18= Rs.7,700x12x18= multiplier of 18 is applied Rs.12,09,600/- Rs.16,63,200/-

5. Loss of Income Rs.12,09,600/- Rs.16,63,200/-

6. Loss of love and affection Rs.2,00,000/- Rs.80,000/-

                       to appellants                                       (Rs.40,000x2=80,000/-)
           7.          Loss of estate             Rs.15,000/-              Rs.15,000/-
           8.          Transportation charges     Rs.5,000/-               Rs.5,000/-
           9.          Funeral expenses           Rs.15,000/-              Rs.15,000/-
                                                                           Rs.17,78,200/-
                      Total Compensation          Rs.14,44,600/-           enhanced       amount
                                                                           Rs.3,33,600/-

The claimants are entitled for enhanced compensation of Rs.3,33,600/-.

13. Learned counsel for the 2nd respondent/Insurance Company submitted that

the entire amount awarded by the Tribunal along with accrued interest and costs was

deposited.

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C.M.A.No.1316 of 2022

14. Learned counsel for the appellants/claimants submitted that the

appellants/claimants had withdrawn the entire award amount deposited in the

Tribunal. Therefore, there shall be a direction to the 2nd respondent/Insurance

Company to deposit the enhanced compensation of Rs.3,33,600/- along with 7.5%

interest 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