Madras High Court
Sankaramma vs K.Sivakumar on 2 March, 2023
CMA No.2736 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CMA No.2736 of 2022
1. Sankaramma
2. Prathap Reddy .. Appellants
Vs.
1. K.Sivakumar.
2. The Oriental Insurance Company Limited,
Motor Third Party Hub,
No.115, Broadway,
II Floor,
Chennai – 600 001. .. Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988 to enhance the award dated 11.11.2019 passed in
MCOP No.2967 of 2013 on the file of the Motor Accident Claims Tribunal
[V Court of Small Causes], Chennai.
For Appellants : Mr.C.Richard Suresh Kumar
For Respondents : Mr.D.Bhaskaran (for R2)
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CMA No.2736 of 2022
JUDGMENT
In a road transport accident on 15.10.2012, a Tanker lorry bearing
Regn. No.AP-03-X-6566, driven by its driver in a rash and negligent
manner, got capsized and the lorry got burst, thereby caused fire accident,
wherein 22 persons were injured and 2 persons were dead. Injured
claimants/legal representatives of the deceased, filed individual claim
petitions, numbering 24, before the Motor Accident Claims Tribunal [V
Court of Small Causes], Chennai. All the 24 cases were tried jointly and by
a common judgment dated 11.11.2019, the claims tribunal held that the
driver of the Tanker Lorry was negligent in causing the accident and
accordingly, fastened liability on the insurer of the Tanker Lorry viz., the
Oriental Insurance Company, the 2nd respondent herein and awarded
compensation in each claim petitions.
2. Claim petitioners in MCOP No.2967 of 2013, are the appellants
herein seeking enhancement of compensation for the death of one Damodhar
Reddy, in the above said accident.
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CMA No.2736 of 2022
3. For the sake of convenience, the parties are hereinafter referred
to as per their ranking before the claims tribunal.
4. The factum of the accident, the manner of the accident and the
negligence on the part of the driver of the offending vehicle, are not
disputed. Hence, the findings of the claims tribunal, are confirmed.
5. The claim petitioners, who are the wife and son of one
Damodhar Reddy, who died in the road transport accident on 15.10.2012,
have filed the above MCOP and the claims tribunal has awarded a sum of
Rs.10,64,700/- with interest at the rate of 7.5% per annum from the date of
numbering of claim petition till the date of realization with costs.
6. On the point of quantum of compensation, heard the learned
counsel for the appellant/claim petitioner and the learned counsel appearing
on behalf of the 2nd respondent/Insurance Company and perused the
materials available on record.
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CMA No.2736 of 2022
7. The deceased was aged about 50 years as per Postmortem
certificate and in the Legal Heirship Certificate-Ex.P17, these claim
petitioners are shown as his legal heirs. The deceased was claimed to be
doing business and the tribunal has fixed Rs.6,000/- as notional income.
However, taking into consideration the entirety of circumstances, I am
inclined to fix the notional income at Rs.9,000/-. Accordingly, taking
Rs.9,000/- as notional income; by applying '13' multiplier; also adding 10%
of income towards future prospects and deducting 1/3rd towards the personal
and living expenses, as done by the claims tribunal, the loss of dependency
is arrived at as follows:
Monthly Income : Rs. 9,000/-
Add 10% Future Prospects : Rs. 900/-
Total : Rs. 9,900/-
Rs.9,900 x 12 x 13 x 2/3 = Rs.10,29,600/-
Compensation amount under other heads and the interest awarded by the
tribunal, appears to be just and reasonable and hence, they are kept intact.
The reassessed compensation is as follows:
Amount awarded Award now Enhanced
by the tribunal modified Amount
Rs. Rs.
Loss of dependency 6,86,400 10,29,600 3,43,200
(6000+(6000*10%)x (9000+(9000*10%)x1
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CMA No.2736 of 2022
Amount awarded Award now Enhanced
by the tribunal modified Amount
Rs. Rs.
12x13x2/3 2x13x2/3
Loss of consortium to 1st 40,000 40,000 -
petitioner/wife
Loss of love and affection 40,000 40,000 -
to 2nd petitioner/son
Medical Expenses 2,58,253 2,58,253 -
Loss of estate 15,000 15,000
Transport expenses 10,000 10,000
Funeral expenses 15,000 15,000
Total 10,64,653 14,07,853
Rounded off 10,64,700 14,07,900
Enhanced now Rs.3,43,200/-
8. In the result, it is ordered as follows:
(i) The judgment and decree dated 11.11.2019, made in MCOP
No.2967 of 2013 on the file of the Motor Accident Claims
Tribunal [V Court of Small Causes], Chennai, stands modified
to the limited extent that the compensation of Rs.10,64,700/-
awarded by the claims tribunal is enhanced to Rs.14,07,900/-
i.e. Rs.10,64,700/- + Rs.3,43,200/- and the interest awarded by
the claims tribunal remains unaltered.
(ii) Additional Court fee, if any, to be paid by the claim petitioners
within a period of four weeks and decree to be drafted after the
payment of Court fee.
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CMA No.2736 of 2022
(iii)The 2nd respondent-Insurance company is directed to deposit
the enhanced compensation amount of Rs.14,07,900/- with
proportionate interest and costs to the credit of MCOP No.2967
of 2013 on the file of the Motor Accident Claims Tribunal [V
Court of Small Causes], Chennai, within a period of eight
weeks from the date of receipt of a copy of this order, less the
amount deposited, if any.
(iv) On such deposit, the appellants/claim petitioners, are permitted
to withdraw the same in the ratio of 70:30 i.e. Rs.9,85,530/- to
1st appellant/wife and Rs.4,22,370/- to 2nd appellant/son, less
the amount withdrawn, if any, on making necessary
applications.
9. With the above directions, the Civil Miscellaneous Appeal stands
partly allowed. No Costs.
02.03.2023
Index : Yes/No
Neutral Citation : Yes/No.
ars
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CMA No.2736 of 2022
RMT.TEEKAA RAMAN,J.,
ars
To
The V Judge,
Court of Small Causes,
Motor Accident Claims Tribunal, Chennai.
CMA No.2736 of 2022
02.03.2023
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