Sadaiyappan vs P.Murugan
2023 Latest Caselaw 7317 Mad

Citation : 2023 Latest Caselaw 7317 Mad
Judgement Date : 30 June, 2023

Madras High Court

Sadaiyappan vs P.Murugan on 30 June, 2023

                                                                                 C.M.A.No.2844 of 2017


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 30.06.2023

                                                           CORAM

                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                                 C.M.A.No.2844 of 2017

                     1.Sadaiyappan
                     2.Karthika
                     3.Munia Gaunder
                     4.Logasundari                                            ... Appellants

                                                           Versus

                     1.P.Murugan

                     2.Sri Ram General Insurance Co. Ltd.,
                       No.66, II Floor, City Centre Complex,
                       Thirumamalai Pillai Road,
                       Chennai – 17.                                          … Respondents

                     Prayer : Civil Miscellaneous Appeal filed under section 173 of Motor
                     Vehicle Act against the judgment and decree dated 19.09.2016 made in
                     MACT O.P.No.806 of 2013 on the file of the Motor Accident Claims
                     Tribunal, (III Additional District Court, Poonamallee.




                                     For Appellants           :     Mr.K.Varadha Kamaraj

                     1/8


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                                                                                      C.M.A.No.2844 of 2017


                                        For Respondents
                                              For R1            :      Exparte
                                              For R2            :      Mr.S.Dhakshnamoorthy


                                                       JUDGMENT

This Civil Miscellaneous Appeal arises against the award passed by

the Motor Accident Claims Tribunal, III Additional District Court,

Poonamallee, Chennai, in M.C.O.P.No.806 of 2013 dated 19.09.2016.

2. The claim petitioners are the appellants herein filed this appeal

seeking enhancement of compensation. For the sake of convenience, the

parties are referred to as per their ranking before the trial Court.

3. It is the case of the appellants/claimants that on 15.05.2013 at

11.00 p.m, when the 2nd petitioner's brother, working as mechanic under the

repaired lorry bearing Regn.No.TN-20-AE-3878 at Tambaram to Puzhal

Bye-pass road from South to North direction near K.P.S.Farm, Paraniputhur

bridge with lighting the indicator, the 1 st respondent lorry bearing

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Regn.No.TN-22-AU-7979 driven by its driver in a rash and negligent

manner, from Tambaram to Puzhal of the same direction and dashed behind

the repaired lorry and wheels of the said lorry ran over the 2 nd petitioner's

brother and owner's son of the repaired lorry, as a result of which, both of

them died on the spot. Hence, the claim petition.

4. Before the Tribunal, on behalf of the claimants, P.W.1 to P.W.4

were examined and Ex.P1 to Ex.P12 were marked and on the side of the

Respondents no one was examined and no document was marked.

5. On appreciation of the materials before it, the Tribunal awarded

compensation as follows:

                                        (a)Loss of income             :
                                                                     Rs. 4,80,000/-
                                                                     (5000x12x16x1/2)
                                 (b)Love and affection          :    Rs.     1,00,000/-
                                 (c) Funeral expenses           :    Rs.        25,000/-
                                                                         -----------------
                                                                       Rs. 6,05,000/-
                                                                         -----------------

The said sum was directed to be paid by the 2 respondent to the 2nd claim nd

petitioner and along with interest at 7.5% per annum from the date of

petition till the date of realization and dismissed the claim against the claim

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petitioners 1, 3 and 4.

6. Learned counsel for the appellants/claimants submitted that though

the petitioners claimed Rs.18,00,000/- the Tribunal awarded only

Rs.6,05,000/-. The Tribunal erred in awarding compensation to the 2 nd

petitioner since the petitioners 1, 3 and 4 are the dependents of the deceased.

The Tribunal erred in awarding Rs.4,80,000/- towards loss of income of the

deceased as against the claim of Rs.12,00,000/- and the Tribunal erred in

fixing the income of the deceased at Rs.5000/- per month as against the

claim of Rs.10,000/- per month. The Tribunal erred in fixing multiplier

method “16” when the age of the deceased is 20. The compensation

awarded under the head funeral expenses and loss of income are very

meagre and the same have to be enhanced.

7. The learned counsel for the 2 nd respondent, on the other hand,

submitted that the compensation awarded by the Tribunal is fair and

justified and it does not require any interference by this Court.

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8. Heard the learned counsel appearing for the parties and perused the

records.

9. Considering the facts and circumstances and on perusal of Ex.P9,

this Court is inclined to fix the monthly income of the deceased at Rs.6500/-

and considering the age of the deceased and as per Sarala Varma's case and

Pranay Sethi's case, 18 is the right multiplier. Accordingly, Rs.9,82,800/-

(Rs.6,500/- + 40% future prospects = Rs.9,100/-, Rs.9,100x12x18x1/2) is

awarded. The Tribunal awarded Rs.1,00,000/- towards love and affection

since the dependents of the deceased is one and hence, it has to be reduced

to Rs.40,000/-. Though the Tribunal has not awarded any compensation

towards loss of estate, this Court is inclined to award Rs.15,000/- and the

Tribunal awarded Rs.25,000/- towards funeral expenses which appears to be

excessive and hence, it has to be reduced to Rs.15,000/-.

10. In the light of the said discussions, the modified award is as

follows:








https://www.mhc.tn.gov.in/judis
                                                                                         C.M.A.No.2844 of 2017


                         Sl.Nos.                 Heads                    Compensation
                        1.            Loss of income        Rs.9,82,800/- (9100x12x18x1/2)
                        2.            Love and affection    Rs.40,000/-
                        3.            Loss of estate        Rs.15,000/-
                        4.            Funeral expenses      Rs.15,000/-
                                           Total            Rs.10,52,800/-

Accordingly, the amount awarded by the Tribunal is enhanced from

Rs.6,05,000/- to Rs.10,52,800/- together with interest at 7.5% per annum

from the date of petition till the date of deposit of compensation.

11. In fine,

(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing

the compensation from Rs.6,05,000/- to Rs.10,52.800/-, with 7.5% interest

per annum to the extent indicated above. No Costs.

(ii) the 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 2 nd claim Petitioner / 2nd

Appellant is entitled to get the enhanced award amount. The claim Petitioner