Madras High Court
The Branch Manager vs Thankappan on 14 June, 2023
C.M.A.(MD).No.1439 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1439 of 2013
The Branch Manager,
The New India Assurance Company Ltd.,
Coimbatore Post. .....Appellant/Respondent No.3
-vs-
1. Thankappan
2. Rajam
3. Sunitha
4. Rajasekar ... Respondents 1 to 4/Petitioners 1 to 4
5. Loganathan
6. Venkatachalam
7. Mani ... Respondents 5 to7/Respondents 1 to 3
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act,1988, against the judgment and award made in M.C.O.P.No.69
of 2008, dated 07.09.2012, on the file of the Motor Accidents Claims
Tribunal, Sub Court, Kulithurai.
For Appellant : Mr.D.Sivaraman
For Respondents : No appearance
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C.M.A.(MD).No.1439 of 2013
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the Insurance
Company challenging the award passed by the Motor Accidents Claims
Tribunal/Sub Court, Kulithurai in M.C.O.P.No.69 of 2008, primarily on the
ground of quantum.
2. The deceased was aged about 30 years, he was working in Boat
Repairing Company, he was drawing income of a sum of Rs.6,000/- (Rupees
Six Thousand only) per month. He met with an accident on 26.02.2007 and he
died on the way to the hospital.
3. The Tribunal fixed the notional income as Rs.6,000/- (Rupees Six
Thousand only) and applied multiplier of “15” and arrived at a sum of
Rs.7,20,000/- (Rupees Seven Lakhs Twenty Thousand only) towards loss of
income. The Tribunal has deducted 1/3rd towards personal expenses. A sum of
Rs.500/-(Rupees Five Hundred only) has been awarded towards
transportation charges. A sum of Rs.10,000/- (Rupees Ten Thousand only) has
been awarded towards funeral expenses. A sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) was awarded towards loss of love and affection
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C.M.A.(MD).No.1439 of 2013
to each one of the claimants. Totally, a sum of Rs.8,30,500/- (Rupees Eight
Lakhs Thirty Thousand and Five Hundred only) was awarded. Challenging
the said award, the present appeal has been filed by the Insurance Company.
4. Though the respondents have been served, they have not chosen to
appear either in person or through their counsel. Mr.P.Muthuvel, learned
counsel has filed vakalat for the respondents 2 to 4 and the same has been
returned on 03.04.2023.
5. According to the learned counsel for the appellant, the deceased
being bachelor, 50% of the amount should have been deducted towards
personal expenses. However, only 1/3rd was deducted by the Tribunal. Hence,
he prayed for reduction of the award amount.
6. The Tribunal has taken the notional monthly income of the deceased
person at Rs.6,000/- (Rupees Six Thousand only). However, no amount has
been added towards future prospects. Considering the age of the deceased
person, 40% could be added to the notional monthly income as future
prospects. Then, the monthly income would be at Rs.8,400/- (Rupees Eight
Thousand and Four Hundred only). If 50% is deducted towards personal
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C.M.A.(MD).No.1439 of 2013
expenses, then the monthly income would be at Rs.4,200/- (Rupees Four
Thousand and Two Hundred only).
7. This Court finds that the Tribunal has not followed the Sarala
Varma case in adopting the multiplier. The correct multiplier is “17”.
Therefore, the total award towards loss of income is Rs.4200x12x17=
Rs.8,56,800/- (Rupees Eight Lakhs Fifty Six Thousand and Eight Hundred
only). All the four claimants would be each entitled to Rs.40,000/- (Rupees
Forty Thousand only) towards loss of love and affection. The claimants
would be entitled to a sum of Rs.15,000/- (Rupees Fifteen Thousand only)
towards funeral expenses and a sum of Rs.15,000/- (Rupees Fifteen Thousand
only) towards loss of estate. Therefore, the total award amount would be at
Rs.10,97,200/- (Rupees Ten Lakhs Ninety Seven Thousand and Two Hundred
only). However, the Tribunal has awarded only a sum of Rs.8,30,500/-
(Rupees Eight Lakhs Thirty Thousand and Five Hundred only).
8. In view of the above said deliberations, the award of the Tribunal is
modified as follows:
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C.M.A.(MD).No.1439 of 2013
Loss of income (Rs.4,200x12x17) : Rs.8,56,800/-
Loss of Love and Affection
(Rs.40,000x4) : Rs. 1,60,000/-
Funeral Expenses : Rs. 15,000/-
Loss of Estate : Rs. 15,000/-
Total : Rs.10,46,800/-
9. In view of the judgment of the Hon'ble Supreme Court just
compensation could be awarded to the claimants. The award amount is
enhanced from Rs.8,30,500/- to Rs.10,46,800/- (Rupees Ten Lakhs Forty Six
Thousand and Eight Hundred only) and the said enhanced amount will carry
interest at the rate of 7.5% per annum from the date of the claim petition.
10. Accordingly, this Civil Miscellaneous Appeal is disposed of on the
above said terms. There shall be no order as to costs.
14.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
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C.M.A.(MD).No.1439 of 2013
To
1. The Motor Accidents Claims Tribunal,
Sub Court, Kulithurai.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD).No.1439 of 2013
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.1439 of 2013
14.06.2023
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