Madras High Court

Arul Rozario vs D.Rajakumari on 23 March, 2023

                                                                               C.M.A.No.2580 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 23.03.2023
                                                        CORAM
                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
                                               C.M.A.No.2580 of 2014

                     1. Arul Rozario
                     2. Gracy Rozario                                   ... Appellants

                                                            ..Vs..


                     1.D.Rajakumari
                     2.United India Insurance Company Limited
                       48, Arcot Road
                       Saligramam, Chennai-33.                          ... Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the judgment and decree in MCOP No.734 of
                     2010, dated 16.07.2013 on the file of the Motor Accident Claims Tribunal /
                     II Additional District Judge, Poonamallee.

                                    For Appellant           : Mr. K.Varadha Kamaraj

                                    For Respondents         : Mr.S.Arunkumar - R2
                                                              R1 - Exparte




                     1/9


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                                                                                                   C.M.A.No.2580 of 2014

                                                               JUDGMENT

This appeal has been filed by the claimants seeking enhancement of

compensation under the impugned award dated 16.07.2013 passed by the

Motor Accident Claims Tribunal (Additional District Court-II),

Ponnamallee, in M.C.O.P No.734 of 2010.

2. The Appellants unsatisfied with the quantum of compensation

awarded by the Tribunal under the impugned award have preferred this

appeal seeking enhancement.

3. The details of the compensation awarded by the Tribunal under the

impugned award are as follows:

                                             Heads                     Award Amount
                                                                            (Rs.)
                                  Loss of revenue                                   7,28,052/-/-
                                                                 (7000 –1/3 = 4667 x 12 x 13)


                                  Loss of Love and affection                           10,000/-
                                  Transport Expenses                                    5,000/-
                                  Funeral expenses                                      5,000/-
                                  Total                                              7,48,052/-






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                                                                                     C.M.A.No.2580 of 2014

4. The learned counsel appearing for the appellants mainly contended

that the entire quantum of compensation awarded by the Tribunal is very

low. The Tribunal has failed to award compensation under the head of

future prospectus without following various judgments laid down by the

Hon'ble Apex Court. The Tribunal has erred in adopting the multiplier 13

instead of 18 multiplier. The monthly income fixed by the Tribunal is very

low. The Tribunal has also failed to award any compensation under the

other heads namely loss of expectation of life and loss of estate. Hence, he

prays to enhance the award.

5. The learned counsel for the 2nd respondent insurance company

disputed the said contention of the appellants/claimants by stating that

based on the oral and documentary evidence adduced, the Tribunal has

rightly awarded a reasonable compensation and therefore, there is no need

to interfere with the said finding of the Tribunal. Thus, the award given by

the Tribunal is to be confirmed and the appeal is to be dismissed.

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6. The accident occurred on 19.06.2010 at 15.30 hours, at Avadi

New Military Road, opposite to Ramasami Sweets. The Poonamallee

Traffic Police Station registered a case in Crime No.761 of 2010 under

Sections 279, 337 and 304(A) IPC. The deceased Lidiya was travelling as

pillion rider in a motorcycle bearing Registration No.TN 03 AL 1780. Due

to the accident, she sustained fatal injuries all over the body and died in the

hospital. Thereafter, the claim petition was filed by 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.

7. As seen from the impugned award, the Tribunal has not awarded

any compensation towards loss of future prospects which the

Appellants/claimants are legally entitled to as per the Constitution Bench

Judgment of the Hon'ble Supreme Court in the case of National Insurance

Company Limited Vs. Pranay Sethi & others reported in 2017 (2) TN

MAC 609 (SC). Accordingly, this Court grants 40% towards loss of future

prospects to the Appellants.

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8. As far as the multiplier is concerned, the Tribunal has erred in

applying 13 multiplier instead of 18 multiplier. Since the deceased was

aged 19 years at the time of accident as per Ex.P6 and P7 mark-sheets, 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 a third year

Engineering student. The deceased being an Engineering student, the

monthly income fixed by the Tribunal at Rs.7,000/- is very low. The

accident is of the year 2010. Hence, this Court is inclined to fix Rs.9,000/-

as monthly income which would be reasonable. The Tribunal has wrongly

deducted 1/3rd towards personal expenses of the deceased. Since the

deceased was a spinster 1/2 will have to be deducted towards the personal

expenses of the deceased instead of 1/3. Accordingly, the loss of earning is

modified from Rs.7,28,052/- to Rs.13,60,800/- as detailed below:

9000 + 40% -50% x 12 x 18 = Rs.13,60,800/-

9. The compensation granted under the conventional heads are not in

consonance with the principles laid down by the principal Apex Court of

India in the case of Pranay Sethi. In view of the fact that the Tribunal has

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erroneously awarded the compensation under the heads of funeral expenses

and love and affection, the award of compensation is to be modified.

Further, this Court is not inclined to award any compensation separately

under the head of transport charges. The Tribunal has erroneously failed to

award any compensation towards loss of estate which the

appellants/claimants are legally entitled to as per the settled practice.

Accordingly, a sum of Rs.15,000/- is awarded as compensation to the

claimants towards loss of estate. Thus, this Court is inclined to modify the

compensation granted by the Tribunal as detailed hereunder:

                                            Heads          Amount awarded        Award Amount
                                                            by the Tribunal       by this Court
                                                                 (Rs.)                 (Rs.)
                                  Loss of earning          7000-1/3rd           9,000 + 40% future
                                                           deduction=           prospects x 12 x 18
                                                                                   (-) 50% personal
                                                           4667 x 12 x 13=
                                                                                         expenses=
                                                           7,28,052/-
                                                                                     Rs.13,60,800/-
                                  Love and affection          10,000/-                     80,000/-
                                  Transport charges            5,000/-                            Nil
                                  Funeral Expenses             5,000/-                     15,000/-
                                  Loss of Estate                 Nil                       15,000/-
                                  Total                     7,48,052/-                  14,70,800/-







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                                                                                      C.M.A.No.2580 of 2014




                                  10.    In the result,

(i) This appeal is allowed and the compensation awarded by the

Tribunal is enhanced from 7,48,052/- to Rs.14,70,800/- with interest at the

rate of 7.5% p.a. from the date of claim petition till the date of realisation.

(ii) The 2nd respondent Insurance Company is directed to

deposit the modified award amount i.e, Rs.14,70,800 /- along with interest

at the rate of 7.5% per annum and costs, after deducting the amount already

deposited, if any, to the credit of MCOP.No.734 of 2010 within a period of

six weeks from the date of receipt of a copy of this Judgment.

(iii) On such deposit being made, the Tribunal is directed to

transfer the respective shares of award amount as per the ratio apportioned

by the Tribunal to the bank accounts of the appellants /claimants along with

accrued interest through RTGS within a period of two weeks thereafter.