Subramani vs Govindasamy @ Chinnarasu
2023 Latest Caselaw 6163 Mad

Citation : 2023 Latest Caselaw 6163 Mad
Judgement Date : 14 June, 2023

Madras High Court

Subramani vs Govindasamy @ Chinnarasu on 14 June, 2023

                                                                              C.M.A.No.4365 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 14.06.2023
                                                         CORAM
                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                                   C.M.A.No.4365 of 2019

                1.Subramani
                2.Senbagavalli
                3.Parameshwari
                4.Parameshwaran                                                       .. Appellants
                                                          Versus
                1.Govindasamy @ Chinnarasu
                2.M.Velusamy
                3.K.Chandiraraj

                4.Cholamandalam MS General Insurance Co.Ltd
                2nd Floor, 60 A, Karuna Building
                Mosuvanna Street, EVN Road
                Erode                                                                .. Respondents


                Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor

                Vehicles Act, 1988 against the Judgment and Decree of the Motor Accidents

                Claims Tribunal (Subordindate Court), Perundurai made in M.C.O.P.No.17 of

                2014 dated 23.09.2016.

                                   For Appellant            : M/s.M.Sudha

                                   For Respondents          : E.Rajadurai for R4
                                                              for M/s.M.B.Gopalan Associates


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https://www.mhc.tn.gov.in/judis
                                                                            C.M.A.No.4365 of 2019

                                                   JUDGMENT

The Civil Miscellaneous Appeal has been filed against the Judgment and

Decree of the Motor Accidents Claims Tribunal (Subordindate Court),

Perundurai made in M.C.O.P.No.17 of 2014 dated 23.09.2016.

2.The manner of the accident, factum of the accident, rash and

negligence on the part of the driver of the offending vehicle are not in dispute

3. On 19.07.2013, the deceased Saraswathi was hit by the driver of the

offending vehicle at Pungampadi to Mettukadai Road, Sanarpalayam and an

FIR came to be registered in Cr.No.136/2013 under Sections 279 & 337 of IPC.

4. The appellants are the claimants seeking to challenge the award passed

by the Tribunal on the ground of quantum. The first respondent is the driver of

the offending vehicle; the respondents 2 and 3 are the owner of the offending

vehicle and the fourth respondent is the Insurance Company. For the sake of

convenience, the parties are referred to as per their ranking before the trial

Court.

5. During the trial before the Tribunal, the fourth claim petitioner was

https://www.mhc.tn.gov.in/judis C.M.A.No.4365 of 2019

examined as PW1. Ex.P1 to P16 were marked. Ex.P1 is the FIR Copy, Ex.P8 is

the Death Certificate of the deceased, Ex.P9 is the Legal Heirship Certificate of

the deceased & Ex.P11 is the Discharge Summary. The Tribunal on

consideration of both oral and documentary evidences came to conclusion that

the accident has taken place due to the rash and negligent driving of the driver

of the offending vehicle, accordingly, fixed the negligence liability both on the

owners of the offending vehicle and the Appellant Insurance Company.

Considering the age of the petitioner, i.e., 55 years, as per the Death Certificate,

the Trial Court fixed the notional income as Rs.5,000/- per month. As the

multiplier for 55 years of age is 11 as per Sarala Verma's case reported in 2009

2 TN MAC 1 (SC), it fixed the total loss of dependency to the claim petitioners

as Rs.4,95,000/- by deducting ¼ from the notional income (i.e., 5000 x 3/4 x 12

x 11). Furthermore, the Trial Court granted funeral expenses as Rs.25,000/-,

Bills at Rs.3,78,000/-, Rs.1,00,000 for love of affection to the claim petitioners

and Rs.50,000 as consortium to the first claim petitioner, totalling to the tune of

Rs.10,48,000/-.

6.The learned counsel for the claim petitioners submitted that the

https://www.mhc.tn.gov.in/judis C.M.A.No.4365 of 2019

Tribunal did not considered in granting future prospects of the deceased as per

the case reported in 2013 (1) TN MAC Page No.641 and monthly income was

fixed to a meagre amount of Rs. 5000 which should be at least Rs.15,000/-.

Hence, seeks this Court to enhance the award amount awarded by the Tribunal.

7. Heard M/s.M.Sudha, learned counsel for the appellants and

Mr.E.Rajadurai, learned counsel for the fourth respondent Insurance Company

and perused the materials placed on record.

8. Considering the facts and also taking note of the plea raised by the

learned counsel for the appellants that the furture prospects was not considered

and also of the fact that at the time of accident, the deceased rode the two

wheeler carelessly and met with the accident. Therefore, the carelessness of the

deceased riding two wheeler on the date of accident, assumes significance.

9. In view of above, this Court is of the considered view that the income

of the deceased should be fixed at Rs.7000 along with future prospects of 10%

[(i.e., 7000+700=Rs.7,700/- (10%)] and the same is hereby enhanced; further,

https://www.mhc.tn.gov.in/judis C.M.A.No.4365 of 2019

loss of love and affection to the claim petitioners are enhanced at Rs.1,20,000/-

and the loss of estate is hereby granted at Rs.15,000/-. However, the funeral

expenses is reduced at Rs.15,000 and similarly, consortium to the first claimant

is reduced at Rs.40,000/-. Accordingly, the award amount is modified as below:

                                   Calculation                               Rs.
                 Loss of dependency to the claim petitioners            Rs.7,62,300/-
                 (Rs.7700x12x11x3/4)
                 Funeral Expenses                                        Rs.15,000/-
                 Consortium to the first claim petitioner                Rs.40,000/-
                 Love and affection to the claim petitioners            Rs.1,20,000/-
                 Medical Expenditure                                    Rs.3,78,000/-
                 Loss of Estate                                          Rs.15,000/-
                 Total compensation is hereby fixed at                  Rs.13,30,300/-



                          10. In fine,

(i) this Civil Miscellaneous Appeal stands partly allowed to the extent

indicated above. Accordingly, the compensation awarded is enhanced from

Rs.10,48,000/- to Rs.13,30,300/-. The rate of interest awarded by the Tribunal

remains in tact. No Costs.

(ii) the Fourth Respondent/ Insurance Company is directed to deposit the

enhanced award amount before the Tribunal, within a period of four weeks

https://www.mhc.tn.gov.in/judis C.M.A.No.4365 of 2019

from the date of receipt of a copy of this order, less the amount, if any already

deposited and recover the same from the owner and the driver of the offending

vehicle/respondents 1 to 3.

(iii) On such deposit being made, the claimants are permitted to withdraw

their share in the award amount with proportionate accrued interest and costs,