Madras High Court
Chandraleka vs Karuppaiyah on 21 November, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
C.M.A.No.2468 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM:
MR.JUSTICE N.SESHASAYEE
C.M.A.No.2468 of 2023
1.Chandraleka
2.Minor Ragavi
3.Minor Raghul
4.Minor Sundanthirapriya
5.Kunkumam
(Appellants 2 to 4 rep. by 1st appellant) ... Appellants
Vs.
1.Karuppaiyah
2.The Manager
The New India Assurance Company Ltd.
2nd Floor, Ram Complex
No.29, Paramathi Main Road
Namakkal 637001 ... Respondents
PRAYER:This Appeal is filed under Section 173 of Motor Vehicles Act,
1988, against the judgment and decree passed in M.C.O.P.No.1275 of 2018,
dated 13.04.2022, on the file of the Motor Accidents Claims Tribunal /
Special Court for Trial of cases Registered Under SC / ST (POA) Act at
Namakkal.
For appellants : Mr.C.Thangaraju
https://www.mhc.tn.gov.in/judis
C.M.A.No.2468 of 2023
For respondents : Mr.J.Chandran - R2
R1 - D/w vide order dt.12.09.2023
JUDGMENT
In a freak accident that took place on 10.09.2012, a lorry driven in a reverse
direction led to the death of certain Ramanujam who was standing behind
the lorry helping him unloading the goods. Seeking compensation his
widow, children and the mother of the victim had approached the Motor
Accidents Claims Tribunal, Namakkal with M.C.O.P.No.1275 of 2018.
The victim himself was a driver and he was aged 38 years at the relevant
time. For proving his income the claimants relied on Ex.P14, a certificate
issued by the Manager of the Transport Company in which the victim was
working. This certificate indicated that the victim was receiving Rs.20,000/-
as monthly salary. The Tribunal, however, did not reckon the same as it
was neither formally proved nor was it back by any other evidence. The
Tribunal thereafter relied on some of the authorities of the Hon'ble Supreme
Court and also reckoned the inflation rate and fixed the monthly income of
the victim notionally at Rs.11,077/-. After providing for the future prospects
and deducting 1/4 towards his personal expenditure, the Tribunal
determined total loss of dependency at Rs.20,93,616/-. After adding other
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conventional heads of compensation the Tribunal determined a total
compensation payable at Rs.22,50,616/-, which it directed the owner of the
lorry and the Insurance company to pay with interest at 7.5% per annum.
The details of the award are as below:
Sl.No. Heads under which compensation Amount
awarded
1 Loss of Dependency Rs.20,93,616/-
2 Loss of consortium Rs. 44,000/-
3 Love and affection Rs. 80,000/-
4 Funeral Expenses Rs. 16,500/-
5 Loss of Estate Rs. 16,500/-
Total Rs.22,50,616/-
2.Aggrieved by the perceived inadequacy of the sum awarded, the claimants
are now before the Court with this appeal.
3.Heard both sides.
4.The grievance of the claimants is that the Tribunal has grossly
undervalued the victim's earning capacity at mere Rs.11,000/- a month when
it was admitted that he was a driver at the relevant time.
5.The learned counsel for the respondent on the other hand contended that
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the accident had taken place in 2012 and the compensation might have to be
reckoned as per the standard of living as in 2012. Indeed, the Tribunal was
scientific when it fixed the notional income and that does not require to be
disturbed.
6.After weighing rival submissions, this Court considers that Rs.12,000/-
would be appropriate monthly income for a driver in 2012. It should not be
forgotten that when the Court fixes monthly income notionally, it should
appear fair and reasonable. After all, the claimants had an opportunity to
prove Ex.P14 formally or to back it with any other documentary evidence.
7.Taking Rs.12,000/- a month and adding 40% to it towards future
prospects of increase in earning of the victim and applying 15 as a multiplier
and deducting 1/4th towards personal expenditure of the victim, the net
value of the loss of dependency is arrived at Rs.22,68,000/-, for loss of
consortium Rs.40,000/-, for loss of love and affection for all the claimants
Rs.2,00,000/- (Rs.40,000/- each), for funeral expenses Rs.16,500/- and for
loss of estate Rs.16,500/- = Rs.25,45,000/-. The details are given below:
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Sl. Amount granted by the Amount modified by this Final amount
Tribunal Court granted by this
No.
Court
1. Loss of dependency Loss of dependency Rs.22,68,000/-
= Rs.20,93,616/- = Rs.22,68,000/-
2 Loss of consortium - Rs. 40,000/-
3 Love and affection Love and affection Rs. 2,00,000/-
= Rs.80,000/- Rs.2,00,000/- (Rs.40,000/-
each)
4 Funeral Expenses - Rs. 16,500/-
5 Loss of Estate - Rs. 16,500/-
Total Rs.22,50,616/- Enchanced to Rs.25,45,000/-
Rs.2,94,384/-
In fine, this appeal stands allowed.
(i) The compensation payable is enhanced from Rs.22,50,616/- to
Rs.25,45,000/-.
(ii) This Court is informed that the respondent / Insurance company has
already deposited the entire compensation amount as is required to be paid
in terms of the award of the Tribunal. The Insurance Company is now
required to pay the differential sum with interest at 7.5% less the interest
payable for 208 days to the credit of M.C.O.P.No.1275 of 2018, on the file
of Motor Accident Claims Tribunal, Namakkal, within a period of six (6)
weeks from the date of receipt of a copy of this order.
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(iii) On such deposit, the claimants are entitled to withdraw the entire
compensation along with interest as per existing rules on filing necessary
application before the Tribunal after the payment of court fee for the
enhanced compensation, if any.
(iv) The Registry is directed to draft the decree only after the receipt of
enhanced court fee.
(v) The enhanced portion of the compensation is directed to be apportioned
equally between the three minor children of the victim (respondents 2, 3 and
4) and the same shall be invested in a Nationalized Bank in reinvestment
scheme till they attain majority. It is made clear that the interest accrued on
such deposit shall be withdrawn by the 1st claimant/wife of the deceased
once in three months.
(vi) There is no order as to costs in this appeal.
21.11.2023
kas
Index : Yes / No
Neutral Citation
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To.
The Motor Accidents Claims Tribunal
Special Court for Trial of cases Registered
Under SC / ST (POA) Act
Namakkal.
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N.SESHASAYEE, J.
kas
21.11.2023
https://www.mhc.tn.gov.in/judis
