Achutha vs M/S. Secure Value India Limited
2023 Latest Caselaw 7285 Mad

Citation : 2023 Latest Caselaw 7285 Mad
Judgement Date : 30 June, 2023

Madras High Court

Achutha vs M/S. Secure Value India Limited on 30 June, 2023

                                                      1                  C.M.A.No.3487 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 30.06.2023

                                                   CORAM

                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                             C.M.A.No.3487 of 2019


                   1. Achutha,
                   2. Anthoniyammal,                                           ...Appellants

                                                      Versus


                   1.M/s. Secure Value India Limited,
                     No.32, Ambika Society,
                     Near Nabard Bank, Opp. Usmanpura Garden,
                     Ahmedabad – 380 009
                     Gujaraj State.

                   2.The Manager (Legal)
                     HDFC ERGO General Insurance Co. Ltd.,
                     New No.528, Old No.559, 2nd Floor,
                     Anna Salai, Teynampet, Chennai- 600 018.                 ..Respondents

                   (No Relief sought against the 1st respondent.
                    Hence, notice may be dispensed with)

                   Prayer: Civil Miscellaneous Appeal is filed against the Judgment and

                   Decree in MCOP No.123 of 2016 dated 28.02.2019 on the file of the Motor

                   Accident Claims Tribunal,      I Additional District and Sessions Court,

                   Vellore.

https://www.mhc.tn.gov.in/judis
                                                          1
                                                         2                     C.M.A.No.3487 of 2019

                                   For Appellants            : Mr. M. Sivakumar
                                   For Respondents      : Mr.Rajendra Kumar for R1
                                                         : Mr. K. Vinodth for R2
                                                           (Vakkalat not filed)
                                                        *****
                                                    JUDGMENT

This appeal has been filed by the claimants/petitioners against the

Judgment and Decree in MCOP No.123 of 2016 dated 28.02.2019 on the

file of the Motor Accident Claims Tribunal, I Additional District and

Sessions Court, Vellore.

2.The case of the appellants is that on 23.10.2015, when the deceased

Sudhakar was riding in a Motor Cycle, the driver of the Tata Van belonged

to 1st respondent driving his vehicle in a rash and negligent manner with

high speed without following the traffic rules and regulations and hit

against two wheeler driven by Sudhakar thereby he sustained fatal injuries

and died on the spot. As Sudhakar died in the accident, the legal heirs of

the deceased filed a claim petition before the claims Tribunal seeking for

compensation of Rs.25,00,000/- against the respondents. The Tribunal after

hearing both sides and perusing the oral and documentary evidence, passed

an order of compensation of Rs.7,69,000/- towards the loss of Dependency,

Rs.25,000/- towards the loss of consortium, Rs.10,000/- towards the loss of

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

Love and affection, and Rs.5,000/- towards the loss of funeral expenses

totalling to Rs.8,08,000/- in all directing the Insurance Company/2nd

respondent herein to pay the compensation to the petitioners/appellants

herein. Being aggrieved by the aforesaid compensation, the

Claimants/appellants herein have filed the present Civil Miscellaneous

Appeal seeking for enhancement of compensation awarded by the Tribunal.

3. The learned counsel for the appellants would submit that at the

time of the accident, the deceased was aged about 35 years and was

working as painter and earned Rs.18,000/- per month. Whereas, the

Tribunal without considering the age and income of the deceased fixed the

income as Rs.6,000/- per month and awarded the compensation of

Rs.7,68,000/- towards loss of dependency.

4.It has been further submitted that the the Tribunal has awarded the

compensation on other heads on lower side without considering the fact that

the deceased Sudhakar was the sole breadwinner of the family and the

Appellants who are legal heirs of the deceased, were purely depending upon

the income of the deceased. Hence, he seeks this Court to enhance the

compensation awarded by the Tribunal.

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5.The learned counsel for the 2nd respondent/Insurance Company

would submit that the Tribunal has awarded the compensation in a just and

proper manner after considering the oral and documentary evidence placed

by the claimants-petitioners/appellants herein. Hence, this Court need not

interfere with the award passed by the Tribunal.

6. Heard both sides and perused the materials available on records.

7. Having considered the facts and circumstances of the case and also

considering the age and occupation of the deceased, this Court is of the

view that it would be appropriate to fix the income of the deceased at

Rs.10,000 per month instead of Rs.6,000/- having added future prospects

40% and deducting 1/3rd towards personal expenses on the income of the

deceased and adopting the multiplier of 16, the income of the deceased

works out to Rs.17,92,000/- ie. (Rs.10000 + 4000 - 1/3rd deduction X12

month X 16 Multiplier) = 17,92,000/-). Further, as this Court feels that the

Tribunal has awarded the compensation towards the loss of Love and

affection, Funeral expenses, and loss of consortium on lower side and the

Tribunal has not awarded any compensation towards the loss of estate, the

award of the Tribunal is modified as per the details given below:

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                              Sl. No.                    Particulars               Amount (in Rs.)
                              1         Loss of Dependency =10000+4000-1/3-             17,92,000/-
                                        6600/- (Rs.9,000/-(Income of the
                                        deceased) +40% towards future
                                        prospects (1/3rd deduction towards
                                        personal expenses) + Multiplier 16
                                        (9000+10% x1/3x 12 x 13)
                              2         Loss of consortium to the 1st petitioner           40,000/-
                              3.        Loss of love and affection to the 2nd              40,000/-
                                        petitioner
                              4.        Loss of Estate                                     15,000/-
                              5.        Funeral Expenses                                    15,000/
                                                                           Total       19,02,000/-

8.Accordingly, the Award of the Tribunal is modified enhancing the

compensation amount from Rs.8,08,000/- to Rs.19,02,000/- along with

interest @ 7.5% p.a and costs as awarded by the Tribunal. Accordingly, the

Insurance Company/2nd respondent herein is hereby directed to deposit the

compensation amount as computed by this Court along with interest @

7.5% p.a. from the date of petition till the date of realization, and costs as

awarded by the Tribunal, within a period of four weeks from the date of

receipt of copy of this Judgment.

9. On such deposit being made, the petitioners/appellants herein are

at liberty to withdraw the award amount along with accrued interest and

costs as awarded by the Tribunal, less, the amount, if any already

withdrawn, by filing necessary application before the Tribunal.