Madras High Court
Karpagam vs Sivakumar on 23 June, 2023
C.M.A.No.1017 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.1017 of 2013
1.Karpagam
2.Nagaraj
3.Minor Muniyandi
4.Minor Sundarajan .. Appellants
Versus
1.Sivakumar
2.The Divisional Managar
The United Insurance Company Limited
No.46, Katpadi Salai
Vellore .. 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, District Court, Tiruvannamalai made in M.C.O.P.No.31 of
2010 dated 27.07.2007.
For Appellant : Mr.R.Rajarajan
For Respondents : Notice is dispensed with for R1
vide Court Order dated
Mr.J.Michael Visuvasam for R2
JUDGMENT
The Civil Miscellaneous Appeal has been filed against the Judgment and
Decree of the Motor Accidents Claims Tribunal, District Court, Tiruvannamalai
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C.M.A.No.1017 of 2013
made in M.C.O.P.No.31 of 2010 dated 27.07.2007.
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 01.02.2006, the deceased Annamalai was riding in first respondent
Auto near 100 feet road, Anna Nagar 2nd Avenue, Chennai. The first respondent
Auto dashed the car moving in front of the Auto and as a result, Annamalai
died on spot. Hence, the claim petition.
4. The appellants/children are the claimants seeking to challenge the
award passed by the Tribunal on the ground of quantum. The first respondent is
the owner of the offending vehicle and the second 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 first appellant was examined
as PW1. Ex.P1 to P7 were marked. Ex.P1 is the FIR Copy, Ex.P3 is the Post
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C.M.A.No.1017 of 2013
mortem report, Ex.P4 is the legal heirship certificate and Ex.P5 is the death
certificate of the deceased. 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 liability on both the offending vehicle and the second
respondent and granted the compensation as tabulated below:
Calculation Rs.
Loss of dependency Rs.2,20,000/-
Loss of consortium Rs.5,000/-
Funeral expenses Rs.2,000/-
Total compensation is hereby fixed at Rs.2,27,000/-
6.Heard Mr.R.Rajarajan, learned counsel for the appellants and
Mr.J.Michael Visuvasam, learned counsel for the second respondent and
perused the materials placed on record.
7. Considering the facts and also taking note of the plea raised by the
learned counsel for the appellants, this Court is of the considered view that the
income should be fixed as Rs.3000 and future prospects is fixed at 10% on the
income of the deceased [(i.e., 3000+300(10%)=3,300] and the same is deducted
by 1/3 [(i.e., 3300-1/3(1100) = 2200)] which should be calculated by following
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C.M.A.No.1017 of 2013
multiplier method [(i.e., Rs.2200x12x11=Rs.2,90,400)], similarly, consortium
to the first petitioner is enhanced at Rs.20,000. It is seen from the Award that
the loss of estate is not granted to the claim petitioners/claim appellants, hence,
this Court is inclined to grant Rs.5000 as loss of estate and similarly, the claim
petitioners 2 to 4/appellants 2 to 4 are granted with Rs.20,000/- each as loss of
love and affections. However, the funeral expenses of Rs.2000 is hereby denied
by this Court. Accordingly, the award amount is modified as below:
Calculation Rs.
Loss of dependency Rs.2,90,400/-
Loss of consortium to the first appellant Rs.20,000/-
Loss of love and affections to the claim Rs.60,000/-
petitioners 2 to 4
(Rs.20,000x4=60,000/-)
Loss of estate Rs.5,000/-
Total compensation is hereby fixed at Rs.3,75,400/-
8. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed to the extent
indicated above. Accordingly, the compensation awarded is enhanced from
Rs.2,27,000/- to Rs.3,75,400/-. The rate of interest awarded by the Tribunal
remains in tact. No Costs.
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C.M.A.No.1017 of 2013
(ii) the second respondent is directed to deposit the enhanced award
amount before the Tribunal, within a period of six weeks 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 of the offending vehicle/first respondent.
(iii) On such deposit being made, the claimants are permitted to withdraw
their share in the award amount with proportionate accrued interest and costs,
as per the ratio of apportionment made by the Tribunal, less the award amount,
if any, already withdrawn, by filing necessary application before the Tribunal.
(iv) the appellants 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.
23.06.2023
Internet : Yes/No
Speaking Order/Non-Speaking Order
dhk
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C.M.A.No.1017 of 2013
To
The Presiding Officer,
Motor Accidents Claims Tribunal,
District Court,
Tiruvannamalai
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C.M.A.No.1017 of 2013
A.A.NAKKIRAN, J.
dhk
C.M.A.No.1017 of 2013
23.06.2023
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