Madras High Court
S.Muruganantham vs Hemadeeswaran on 30 June, 2023
C.M.A.No.919 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.919 of 2018
1.S.Muruganantham
2.M.Amirthavalli
3.M.Anitha
4.M.Premkumar (Minor) .. Appellants
[Minor rep. by his father and
natural guardian of 1st petitioner
herein]
Vs.
1.Hemadeeswaran
2.ICICI Lombard General Ins. Co. Ltd.,
No.84/85, Wall Tax Road,
Arihant Plaza, Chennai – 600 003. … Respondents
Prayer : Civil Miscellaneous Appeal filed under section 173 of Motor
Vehicle Act against the judgment and decree dated 08.12.2017 made in
MACT O.P.No.4337 of 2016 on the file of the Motor Accident Claims
Tribunal, (Court of Small Causes), Chennai.
1/9
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C.M.A.No.919 of 2018
For Appellants : Mr.Selvam
for Mr.K.Suryanarayanan
For Respondents
For R1 : No such person
For R2 : Mrs.R.Sreevidhya
JUDGMENT
This Civil Miscellaneous Appeal arises against the award passed by
the Motor Accident Claims Tribunal, (Court of Small Causes), Chennai, in
M.C.O.P.No.4337 of 2016 dated 08.12.2017.
2. The claim petitioners are the appellants herein filed the above
appeal seeking enhancement of compensation. For the sake of convenience,
the parties are referred to as per their ranking before the trial Court.
3. The factum of the accident, manner of the accident, rash and
negligent driving of the 1st respondent vehicle insured with 2nd respondent
vehicle are not in dispute in this appeal. Hence, the finding rendered by the
Tribunal in this regard are hereby confirmed.
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C.M.A.No.919 of 2018
4. It is the case of the appellants / claimants that on 13.03.2016 at
about 12.15 hours, when M.Sureshkumar (since deceased) was travelling as
a pillion rider of motorcycle bearing Regn.No.TN-11-H-3376 in Puzhal
Bye-pass, Maduravoyal road, at that time, the rider of the said motorcycle
drove the vehicle in a rash and negligent manner, endangering public safety
and lost control and capsized. Hence, the accident occurred, as a result of
which, the deceased sustained fatal injuries and later died in the Hospital on
15.04.2016. Hence, the claim petition.
5. Before the Tribunal, on behalf of the claimants, P.W.1 to P.W.3
were examined and Ex.P1 to Ex.P21 were marked and on the side of the
Respondents no one was examined and Ex.R1 was marked.
6. On appreciation of materials before it, the Tribunal awarded
compensation as follows:
(a)Loss of dependency : Rs. 24,30,000/-
(11,250/-x12x18)
(b)Funeral expenses : Rs. 15,000/-
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Rs. 24,45,000/-
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C.M.A.No.919 of 2018
The said sum was directed to be paid by the 2nd respondent along with
interest at 9% per annum from the date of petition till the date payable by
the 2nd respondent on behalf of the 1st respondent.
7. The learned counsel for the appellants submitted that the Tribunal
failed to consider that the deceased was the only son and a 1st year M.E
student and awarded inadequate compensation. The Tribunal erred in fixing
the monthly income of the deceased at Rs.10,000/- per month when two co-
ordinate Benches of this Court fixed the income of the final year
Engineering student at Rs.20,000/- per month. The Tribunal erred in
arriving at deduction towards personal expenses. The Tribunal ought to
have fixed the income of the deceased at Rs.20,000/- per month and added
50% towards future prospects at 50%. The learned Tribunal completely
omitted to award Medical expenses of Rs.11,49,751/- being the amount
incurred at Sundaram Medical Foundation, Chennai, towards treatment as
deposed by P.W.3, the doctor from the hospital. The Tribunal failed to
award any compensation towards pain and suffering during the period of
treatment. Hence, the compensation awarded by the Tribunal may be
enhanced.
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C.M.A.No.919 of 2018
8. The learned counsel for the 2nd respondent, on the other hand,
submitted that the compensation awarded by the Tribunal is highly
excessive. Hence, she prays for fair and reasonable compensation.
9. Heard the learned counsel appearing for the parties and perused the
records.
10. On consideration of both oral and documentary evidence, the
Tribunal awarded Rs.24,30,000/- ( Salary Rs.10,000/- per month, 50%
future prospects added = Rs.15,000/- and 1/4 of the income deducted as
personal expense of the deceased = Rs.11,250/- and hence, Rs.11,250/-
x12x18) towards of loss of dependency, since the deceased is a Post
Graduate in Engineering and hence, this Court is inclined to fix the income
of the deceased at Rs.20,000/-. The Tribunal fixed the future prospects of
the deceased at 50% which appears to be higher side and hence, this Court
is inclined to reduce to 40%. Accordingly, Rs.30,24,000/- (Rs.20,000/-
x40/100=Rs.8,000/-, Rs.20,000/- + Rs.8000/- = Rs.28,000/-, Rs.28,000/-
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C.M.A.No.919 of 2018
x1/2=14,000/-, Rs.14,000/-x12x18=Rs.30,24,000/-) is awarded towards loss
of dependency. Though the Tribunal has not awarded any compensation
towards medical expenses, loss of love and affection and loss of estate, on
perusal of Ex.P7 and Ex.P8, this Court is inclined to award Rs.6,60,000/-
towards medical expenses and considering the facts and circumstances,
Rs.80,000/- is awarded towards love and affection and Rs.15,000/- is
awarded towards loss of estate. The Tribunal awarded Rs.15,000/- towards
funeral expenses which appears to be just and reasonable and the same is
hereby confirmed. The Tribunal awarded the compensation with interest at
the rate of 9% per annum which is also appears to be higher side and hence,
this Court is inclined to fix the interest at 7.5%.
11. In the light of the said discussions, the enhanced award is as
follows:
Sl.Nos. Heads Compensation
1. Loss of dependency Rs.30,24,000/-
2. Medical expenses Rs.6,60,000/-
3. Love and affection Rs.80,000/-
4. Loss of estate Rs.15,000/-
5. Funeral expenses Rs.15,000/-
Total Rs.37,94,000/-
Accordingly, the amount awarded by the Tribunal is enhanced from
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C.M.A.No.919 of 2018
Rs.24,45,000/- to Rs.37,94,000/-/- together with interest at 7.5% per annum
from the date of petition till the date of deposit of compensation.
12. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the
compensation from Rs.24,45,000/- to Rs.37,94,000/-, with 7.5 % interest
per annum, to the extent indicated above. No Costs.
(ii) the 2nd respondent / Insurance Company is directed to deposit the
enhanced award amount, with interest and costs before the Tribunal, within
a period of six weeks from the date of receipt of a copy of this order.
(iii) on such deposit being made, the claim Petitioners/Appellants are
entitled to get their share in the enhanced award amount, as per the ratio of
apportionment made by the Tribunal. The share of the minor shall be kept
in an interest bearing fixed deposit in any of the Nationalized bank, till he
attains majority. The 1st claim Petitioner/1st Appellant, who is the guardian
of minor, is permitted to withdraw the interest from the deposit of the minor
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C.M.A.No.919 of 2018
once in every three months.
(iv) the claim Petitioners 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.
30.06.2023
Index:yes/no
Internet:yes/no
ata
To
The Presiding Officer,
Motor Accident Claims Tribunal,
Court of Small Causes,
Chennai.
A.A.NAKKIRAN.J.,
https://www.mhc.tn.gov.in/judis
C.M.A.No.919 of 2018
ata
C.M.A.No.919 of 2018
30.06.2023
https://www.mhc.tn.gov.in/judis
