Madras High Court
M.R. Muthusami vs Parveen Travels Pvt. Ltd on 28 March, 2023
CMA.No. 521 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI
C.M.A.No. 521 of 2023
1. M.R. Muthusami
M.Dhanalakshmi (died) ... Appellants
Vs.
1. Parveen Travels Pvt. Ltd.,
No. 115/6, Santhavellore Village,
S.V. Chathiram, Sriperumbadur TK.
Kancheepuram Dt. 602 105
2. The New India Assurance Co. Ltd.,
(Motor Accidents Third Party Cell),
No. 45, Moore Street, 5th Floor,
Chennai – 1. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree dated 03.07.2019
made in M.C.O.P.No. 7024 of 2014, on the file of the Motor Accidents Claims
Tribunal, (Small Causes Court, Special Sub Judge No. 1) Chennai.
For Appellants : Mr. K. Varadhakamaraj
For Respondents : Mr. C. Johnson
for R2
R1- No appearance
1/8
https://www.mhc.tn.gov.in/judis
CMA.No. 521 of 2023
JUDGMENT
[Judgment of the Court was delivered by
K. GOVINDARAJAN THILAKAVADI]
The above Civil Miscellaneous Appeal is preferred against the order of
the Tribunal in M.C.O.P.No. 7024 of 2014 dated 03.07.2019 on the file of
the Motor Accidents Claims Tribunal, (Small Causes Court, Special Sub
Judge No. 1), Chennai.
2. The claimants in the Tribunal are the appellants in the appeal. In
the impugned order, the Claims Tribunal has directed the second respondent
to pay a sum of Rs. 49,45,000/- as compensation to the appellants for the
accident occurred on 22.07.2014. Aggrieved by the insufficient
compensation awarded by the Tribunal, the claimants have preferred this
present appeal.
3. The facts of the case is that on 22.07.2014, at about 7:30 hours,
while the deceased was riding his two wheeler bearing Registration No.
TN-55-X-7506 at Cemetery Road in the west to east direction, and while
nearing the Big Bazaar, the offending vehicle bearing Registration No.TN-21-
https://www.mhc.tn.gov.in/judis
CMA.No. 521 of 2023
AU-0262 came behind the deceased in a high speed and in a rash and
negligent manner and hit the two wheeler, in which the deceased sustained
grievous injuries and died on the spot.
4. To prove the case of the petitioners/claimants, the petitioners have
examined P.W.1 to P.W.3 and relied upon 24 documents marked as Exs. P1
to P24.
5. The claim of the petitioners was resisted by the second respondent
in the counter by stating that the accident happened only due to the
negligent act of the deceased, who was riding the motorcycle in a rash
manner without wearing helmet. Thereby, violating the traffic rules.
6. On completing the evidence on both sides and hearing the
arguments advanced by the petitioners' and respondents' counsel and
scrutinizing the documents marked on either side, the Tribunal passed an
award for a sum of Rs. 49,45,000/- payable by the second respondent at
the rate of 7.5 per cent per annum from the date of claim till the date of
realization.
https://www.mhc.tn.gov.in/judis
CMA.No. 521 of 2023
7. The only challenge made by the appellant/claimant before this
Court is that the Tribunal without taking note of the pay slip of P.W.3, who is
receiving a salary of Rs. 55,224/- per month and the deceased who is also a
meritorious M.B.B.S. student could have earned nearly the salary like that
of P.W.3., has erroneously fixed the salary of the deceased at the rate of
Rs. 30,000/- per month.
8. On the other hand, the learned counsel appearing for the second
respondent would contend that a just compensation is awarded by the
Tribunal and therefore calls for no interference.
9. Upon perusing the records and hearing the arguments advanced on
both sides, in our considered opinion, we think fit that if the salary of the
deceased is fixed at Rs.40,000/- per month, it would be reasonable.
Accordingly, loss of dependency is calculated is as follows:
The notional income of the deceased is fixed at Rs.40,000/- plus 50% future
prospectus would be added, as per Pranay Sethi's case, which comes to
Rs. 60,000/-. Thus, the annual income of the deceased would be
Rs.7,20,000/- (60,000*12). Out of the said amount, as per Sarla Verma's
Case, since the deceased was Bachelor at the time of the accident, 50% has
https://www.mhc.tn.gov.in/judis
CMA.No. 521 of 2023
to be deducted as personal and living expenses of the deceased, which
comes to Rs. 3,60,000 (Rs.7,20,000-Rs.3,60,000/-). As per Sarla Verma's
case, since the age of the deceased was 24 at the time of accident,
multiplier 18 is adopted. Therefore, loss of dependency comes to
Rs.64,80,000/-(Rs.3,60,000*18).
10. In respect of other heads, the amount granted towards Loss of
Love and Affection Rs.50,000/-, towards Loss of Estate Rs. 15,000, towards
Transport charges Rs. 5,000/- and towards Funeral Expenses Rs.15,000/- is
confirmed by this Court.
11. Thus, the compensation under various heads awarded by the
Tribunal is modified by this Court is as follows:
Sl.No Heads Compensation Compensation
awarded by the modified by
tribunal this Court
Rs. Rs
1 Loss of income 48,60,000/- 64,80,000/-
2 Loss of Love and 50,000/- 50,000/-
Affection
3 Loss of Estate 15,000/- 15,000/-
https://www.mhc.tn.gov.in/judis
CMA.No. 521 of 2023
Sl.No Heads Compensation Compensation
awarded by the modified by
tribunal this Court
Rs. Rs
4 Transport charges 5,000/- 5,000/-
5 Funeral charges 15,000/- 15,000/-
Total 49,45,000/- 65,65,000/-
12. In view of the above, compensation amount awarded by the
Tribunal is enhanced from Rs.49,45,000/- to Rs.65,65,000/-. Thus, the
award passed by the Tribunal is modified and consequently, the Civil
Miscellaneous Appeal is partly allowed. The respondent insurance company
is directed to deposit the entire compensation amount at the rate of 7.5%
interest per annum from the date of claim till the date of realization payable
by the second respondent, within a period of six weeks from the date of
receipt of a copy of this Judgment, less if any amount already deposited. On
such amount being deposited, the appellant is permitted to withdraw the
amount as modified by this Court along with interest and costs, after
adjusting the amount, if any, already withdrawn, by filing necessary
applications before the Tribunal.
https://www.mhc.tn.gov.in/judis
CMA.No. 521 of 2023
13. With the above, the Award of the Tribunal is modified.
Consequently, the Civil Miscellaneous Appeal is partly allowed. No costs.
(D.K.K., J.) (K.G.T., J.)
28.03.2023
Intex : Yes/No
Internet : Yes/No
mrn
To
1. Motor Accidents Claims Tribunal,
(Small Causes Court, Special Sub Judge No. 1) Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
CMA.No. 521 of 2023
D.KRISHNAKUMAR, J.
and
K.GOVINDARAJAN THILAKAVADI , J.
(mrn)
JUDGMENT MADE IN
C.M.A.No. 521 of 2023
28.03.2023
https://www.mhc.tn.gov.in/judis
