Madras High Court
Valli vs R.Kumudhavalli on 21 June, 2023
C.M.A.No.3562 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.No.3562 of 2021
1.Valli
2.Muthukrishnan .. Appellants
Vs.
1.R.Kumudhavalli
2.IFFCO Tokio General Insurance Co. Ltd.,
No.128, 5th Floor,
Habibullah Road, T.Nagar,
Chennai – 600 017. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
16.02.2017 made in M.C.O.P.No.270 of 2015 on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Cuddalore.
For Appellants : Ms.Ramya V.Rao
For R2 : Mr.J.Michael Visuvasam
1/11
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C.M.A.No.3562 of 2021
JUDGMENT
The parents of the deceased one M.Vinoth have preferred this Civil
Miscellaneous Appeal against the Judgment and Decree dated
16.02.2017 made in M.C.O.P.No.270 of 2015 on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Cuddalore, for
enhancement of compensation.
2.The claim petition was filed under Section 166(1) of the Motor
Vehicles Act, claiming compensation of Rs.30,00,000/- for the death of
one M.Vinoth, who died in the road accident that had taken place on
22.11.2014.
3.According to the claimants, on 22.11.2014 at about 10.45 hours,
while the deceased M.Vinoth was riding the Yamaha motorcycle bearing
Registration No.PY 01 BY 8271 along with one Shanmugapriya as pillion
rider from North to South on the extreme left side of Cuddalore –
Chidambaram Main Road, while nearing Anaiyankuppam, B.Mutlur, a
Toyota Etios car bearing Registration No.TN 68 E 6402 belonging to 1st
respondent, came from opposite direction at a great speed, dashed
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C.M.A.No.3562 of 2021
against the motorcycle driven by the deceased and caused accident.
Due to the said impact, the said M.Vinoth sustained fatal injuries and
died on the way to Hospital.
4.The Tribunal after hearing both sides' argument and upon
perusing the oral and documentary evidence available on record, held
that the accident occurred due to rash and negligent driving by the driver
of the car belonging to 1st respondent, has awarded a sum of
Rs.9,35,000/- as compensation and directed the 2nd respondent –
Insurance Company to pay the said amount.
5.The learned counsel for the appellants would vehemently
contend that the deceased having completed the Refrigeration & Air
Conditioning Mechanism course and the deceased was a Fisherman by
birth, which is proved by marking Ex.P11. The claimants who have lost
their son aged about 22 years and the Tribunal has fixed the notional
income of the deceased M.Vinoth as Rs.7,500/- per month is less. He
would further contend that while computing the monthly income, future
prospects was not added. No amount was granted for loss of estate.
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C.M.A.No.3562 of 2021
The compensation for loss of love and affection is on the lower side and
prayed for enhancement of compensation.
6. Per contra, the learned counsel for the 2nd respondent –
Insurance Company would strenuously argue that the amounts granted
by the Tribunal is reasonable and needs no interference and prayed for
dismissal of the appeal.
7. Heard the learned counsels for the appellants as well as 2nd
respondent and perused the entire materials available on record.
8. On perusal of case records, it is seen that it is the case of the
appellants / claimants that the monthly income of the deceased fixed as
Rs.7,500/- by the Tribunal is meagre. From the evidence of P.W.1, it is
seen that as per Ex.P7, the deceased had completed short term course
in Refrigeration and Air Conditioning Mechanism. Further, a certificate of
Tamil Nadu Open University with the statement of marks of the
deceased has been marked as Ex.P8. Further, Ex.P11 is Marine Fishers
Identity card of the deceased which indicates the fact that he is a
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C.M.A.No.3562 of 2021
fisherman.
9. For fixation of monthly income, the Hon'ble Apex Court in the
case of Syed Sadiq vs. Divisional Manager, United India Insurance,
reported in [2014 1 TNMAC 459 (SC)] has fixed the notional income of
an injured vegetable vendor, who was aged 24 years as Rs.6,500/- per
month for the accident that occurred in the year 2008.
10. Had he been alive, he would have earned and taken care of his
parents. But, we all know that life is very uncertain. Considering the year
of accident, educational qualification and age of the deceased, this Court
deems fit to fix the income of the deceased as Rs.10,000/- per month.
Further, at the relevant point of time, the deceased was aged 22 years
as per Ex.P3 - birth certificate, Ex.P6 - school transfer certificate, Ex.P9
- passport & Ex.P13 - driving license.
11. As per the judgment of the Hon'ble Supreme Court reported in
National Insurance Co. Ltd., Vs. Pranay Sethi and others, reported
in [2017 (2) TN MAC 609 (SC)], as per the age of the deceased, 40% to
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C.M.A.No.3562 of 2021
be added while computing the monthly income. The multiplier to be
adopted is '18' as per the judgment of the Hon'ble Supreme Court in
Smt.Sarla Verma & others Vs. Delhi Transport Corporation &
another, reported in [2009 (2) TNMAC 1 SC]. The deceased was a
bachelor at the relevant point of time and the Tribunal rightly deducted
50% towards personal expenses of the deceased. Thus, the loss of
dependency is calculated as follows:
Rs.14,000/- [Rs.10,000/- + Rs.4,000/- (40% of Rs.10,000/-)] X 12
X 18 X ½ = Rs.15,12,000/-.
Age of the deceased : 22 years
Income fixed : Rs.10,000/- per month
After adding 40%
Future Prospects : Rs.10,000/- + 40% = Rs.14,000/-
Deduction 1/2 : Rs.14,000/- X 1/2 = Rs.7,000/-
Loss of Dependency : Rs.7,000/- X 12 X 18
Rs.15,12,000/-.
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C.M.A.No.3562 of 2021
12. The Hon'ble Supreme Court in Magma General Insurance
Company Limited Vs.Nanu Ram Alias Chuhru Ram and Others
reported in (2018) 18 SCC 130 has held that the parents who lost their
child are entitled to be awarded loss of consortium under the head of filial
consortium. Therefore, the father and mother of the deceased are
granted Rs.40,000/- each under the head of filial consortium. The
amount awarded by the Tribunal for loss of love and affection seems to
be excessive and the same is reduced to Rs.30,000/- (Rs.15,000/-
each). The appellants are granted a sum of Rs.15,000/- towards loss of
estate. The amount awarded by the Tribunal for transportation and
funeral expenses appears to be excessive and the same is reduced to
Rs.20,000/- (Rs.15,000/- towards funeral expenses & Rs.5,000/-
towards transportation).
13.Thus, the amounts awarded by the Tribunal is modified and
tabulated as follows:
Sl. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
granted
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C.M.A.No.3562 of 2021
(Rs) (Rs)
1. Loss of 8,10,000/- 15,12,000/- Enhanced
dependency
2. Loss of Estate - 15,000/- Granted
3. For filial - 80,000/- Granted
consortium
4. Loss of love 1,00,000/- 30,000/- Reduced
and affection
5. Transportation 25,000/- 20,000/- Reduced
and funeral
expenses
Total Rs.9,35,000/- Rs.16,57,000/- Enhanced by
Rs.7,22,000/-
(Rs.16,57,000/-
-
Rs.9,35,000/-)
14.In the result,
(i) This Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.9,35,000/- is hereby
enhanced to Rs.16,57,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit.
(ii) The 2nd respondent-Insurance Company is directed to deposit
the award amount, now determined by this Court along with interest and
costs, less the amount already deposited, if any, within a period of eight
weeks from the date of receipt of a copy of this judgment, to the credit of
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C.M.A.No.3562 of 2021
M.C.O.P.No.270 of 2015 on the file of the Motor Accidents Claims
Tribunal, Principal District Court, Cuddalore.
(iii) On such deposit, the appellants are permitted to withdraw their
respective share of the award amount as per the ratio of apportionment
fixed by the Tribunal along with proportionate interest and costs, less the
amount if any, already withdrawn by making necessary cheque
applications before the Tribunal.
(iv) It is made clear that the appellants are not entitled to any
interest for the amount of Rs.6,87,000/-, the amount now enhanced by
this Court as per the order of this Court made in C.M.P.No.16740 of
2021 in C.M.A.No.SR.88291 of 2021. No costs.
21.06.2023
krk/ssn
Index : Yes / No
Internet : Yes / No
Speaking Order : Yes / No
To
1.The Principal District Judge,
Motor Accidents Claims Tribunal,
Cuddalore.
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C.M.A.No.3562 of 2021
2.The Section Officer,
VR Section,
High Court,
Madras.
R.KALAIMATHI, J.
krk/ssn
C.M.A.No.3562 of 2021
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C.M.A.No.3562 of 2021
21.06.2023
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