Madras High Court
M.Kittusamy vs R.Sampath on 30 June, 2023
C.M.A.No.3570 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.3570 of 2014
1.M.Kittusamy
2.K.Selvamani ... Appellants
..Vs..
1.R.Sampath
2.K.Purushothaman
3.The Branch Manager
M/s.New India Assurance Co. Limited
New No.372, T.T.K Road
Alwarpet, Chennai-18.
(Respondents 1 & 2 remained exparte
before the Tribunal) ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the order and decreetal order dated 12.02.2013
made in M.C.O.P No.4285 of 2009 on the file of the Motor Accident Claims
Tribunal/ Chief Small Causes Court at Chennai.
For Appellants : Mr.M.Lokesh
For Mr.Ma.P.Thangavel
For Respondents : Mr.K.Vinod for R3
R1 & R2 Exparte before the Tribunal
1/10
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C.M.A.No.3570 of 2014
JUDGMENT
This appeal has been filed by the claimants seeking enhancement of
compensation under the impugned award dated 12.02.2013 passed by the
Motor Accident Claims Tribunal/ Chief Judge, Small Causes Court,
Chennai, in M.C.O.P No.4285 of 2009.
2. The details of the compensation awarded by the Tribunal under the
impugned award are as follows:
Heads Award Amount
(Rs.)
Loss of dependency 10,92,000/-
Monthly Income Rs.10,000/-
+ 30% (-) 1/2 deduction –
Rs.6,500/-(Rs.6,500 x 12 x
14)
Loss of Love and affection 40,000/-
to parents
Funeral Expenses 10,000/-
Total 11,42,000/-
3. Before the Tribunal, the Appellants/claimants has filed 29
documents which were marked as Ex.P1 to Ex.P29 and two witnesses were
examined as PW1 to PW2 on their side. On the side of the 3rd
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C.M.A.No.3570 of 2014
Respondent/Insurance Company, neither any document was filed nor any
witness was examined.
4. Heard the learned counsel for the appellants and the learned
counsel for the third respondent/Insurance company and I have perused the
materials on record.
5. The learned counsel appearing for the Appellants/Claimants
submitted that the entire quantum of compensation awarded by the Tribunal
is very low. As seen from Ex.P26 statement of account, the deceased was
working as Sales Executive cum Team Leader in HDFC Bank and was
earning Rs.11,474/-, but the Tribunal has fixed only Rs.10,000/- as monthly
income of the deceased which is very low. The Tribunal has wrongly
awarded 30% future prospects without following the judgment of the
Hon'ble Supreme Court. The Tribunal has erred in adopting the multiplier
14 instead of 18 multiplier. He further submitted that no amount was
awarded towards Loss of Estate and Transport Expenses and the
compensation amount awarded towards Pecuniary benefits, Loss of Love
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C.M.A.No.3570 of 2014
and Affection and Funeral Expenses are very meagre and hence, he prayed
to enhance the compensation.
6. The learned counsel appearing for the third respondent/Insurance
Company submitted that the Tribunal after analysing the evidence on
record, has rightly awarded the compensation to the appellants/claimants
and hence, the award passed by the Tribunal does not warrant any
interference by this Court.
7. The accident occurred on 16.04.2008 at about 1.30 p.m, at
Medavakkam Main Road, opposite to Kilkattalai Pepsi Hollow Block
Company. The S-7 Madipakkam Police Station registered a case in Crime
No.278 of 2008 under Sections 279 and 304(A) IPC. While the deceased
Periyasamy was proceeding in his Motorbike bearing Registration No.TN
36 X 2229, the driver of the Water Tanker Lorry bearing Registration
No.TN 22 1528 came in a rash and negligent manner and hit against the
deceased. Due to the accident, he sustained fatal injuries all over the body
and died on the way to hospital. Thereafter, the claim petition was filed by
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C.M.A.No.3570 of 2014
the father and mother of the deceased, the claimants/appellants herein
herein. The Tribunal adjudicated the issues with reference to the documents
as well as the evidences produced by the respective parties.
8. As far as the future prospects is concerned, the Tribunal has erred
in granting 30% future prospects without following the decision of Hon'ble
Supreme Court in Pranay Sethi case. Hence considering the age of the
deceased was 24 years at the time of accident, it would be appropriate to
grant 40% future prospects.
9. As far as the multiplier is concerned, the Tribunal has erred in
applying 14 multiplier instead of 18 multiplier. Since the deceased was
aged 24 years at the time of accident as per Ex.P10 driving license, Ex.P15
Higher Secondary School leaving certificate, Ex.P22 M.B.A transfer
certificate and Ex.P25 pan card of the deceased, it would be appropriate to
adopt 18 multiplier as per the Sarla Verma case. In the claim petition, it
was stated that the deceased was working as Sales Executive cum Team
Leader for two years with effect from 05.09.2007 to 04.09.2009 on contract
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C.M.A.No.3570 of 2014
basis in HDFC Bank Ltd., and was earning Rs.10,000/-. Though the
contract period is two years only from 05.09.2007, considering the
educational qualification, fluctuation in the income of the deceased as seen
from Ex.P26 bank statement and the family circumstances, the Tribunal has
rightly fixed the monthly income of the deceased at Rs.10,000/-. Since the
deceased was a bachelor, the Tribunal has rightly deducted 50% towards the
personal expenses of the deceased. Accordingly, the loss of dependency is
modified from Rs.10,92,000/- to Rs.15,12,000/- by adding 40% future
prospects instead of 30% and applying '18' multiplier instead of '14' as
detailed below:
10000 + 40% (-) 50% x 12 x 18 = Rs.15,12,000/-
10. In addition to the pecuniary loss sustained by the appellants, the
Tribunal has granted the compensation of Rs.40,000/- to the
appellants/claimants towards love and affection and Rs.10,000/- towards
funeral expenses. However, the compensation awarded by the Tribunal
towards funeral expenses and loss of love and affection is low in the
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C.M.A.No.3570 of 2014
considered view of this Court. As per the settled practice, the compensation
towards loss of love and affection is enhanced to Rs.80,000/- from
Rs.40,000/- to the appellants/claimants and funeral expenses is enhanced to
Rs.15,000/- from Rs.10,000/-. The Tribunal has erroneously failed to award
any compensation towards loss of estate and they are legally entitled to as
per the settled practice. Accordingly, a sum of Rs.15,000/- is awarded as
compensation to the appellants towards loss of estate.
11. Thus, this Court is inclined to modify the compensation granted
by the Tribunal as detailed hereunder:
Heads Amount Award Amount
awarded by the by this Court
Tribunal
(Rs.)
(Rs.)
Loss of Dependency 10,92,000/- 15,12,000/-
(Monthly (Monthly Income
Income Rs.10,000/- +
Rs.10,000/- + 40% =
30% (-) 1/2 Rs.14,000/- (-) 1/2
deduction deduction
(Rs.6,500/- x 12 (7000x12x18)=
x 14)
Loss of Love and 40,000/- 80,000/-
affection
Funeral Expenses 10,000/- 15,000/-
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C.M.A.No.3570 of 2014
Heads Amount Award Amount
awarded by the by this Court
Tribunal
(Rs.)
(Rs.)
Loss of Estate Nil 15,000/-
Total 11,42,000/- 16,22,000/-
Accordingly, the appellants/claimants are entitled to a compensation of
Rs.16,22,000/- (Rupees sixteen lakhs twenty two thousand only) along
with interest at the rate of 7.5% per annum from the date of claim petition
till the date of realization and out of the total amount of compensation, the
1st appellant shall receive a sum of Rs.6,22,000/-, the 2nd shall receive a
sum Rs.10,00,000/- .
12. In the result,
(i) This appeal is allowed and the third Respondent Insurance
Company is directed to deposit the modified award amount i.e,
Rs.16,22,000/- along with interest at the rate of 7.5% per annum, after
deducting the amount already deposited, if any, to the credit of
MCOP.No.4285 of 2009 within a period of six weeks from the date of
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C.M.A.No.3570 of 2014
receipt of a copy of this Judgment.
(ii) On such deposit being made, the Tribunal is directed to
transfer the respective shares of award amount as per the ratio apportioned
by this Court to the bank accounts of the Appellants along with accrued
interest through RTGS within a period of two weeks thereafter. No costs.
30.06.2023
Index:Yes/No
Internet:Yes/No
uma
To
1. The Chief Judge,
Court of Small Causes,
Motor Accidents Claims Tribunal
Chennai.
2.The Section Officer
V.R.Section, High Court of Madras.
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C.M.A.No.3570 of 2014
A.A.NAKKIRAN, J.
uma
C.M.A.No.3570 of 2014
30.06.2023
https://www.mhc.tn.gov.in/judis
