Madras High Court
P.Selvarani vs P.Ramesh on 24 November, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
CMA.No.2474 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2023
CORAM: JUSTICE N.SESHASAYEE
CMA.No.2474 of 2023
1.P.Selvarani
2.P.Bharathy
3.P.Bharath
4.Minor P.Sachin ... Appellants
(Minor petitioner rep.by his guardian,
next friend, mother Selvarani - 1st petitioner)
-Vs-
1.P.Ramesh
2.The Chief Manager,
Cholamandalam MS General,
Insurance Company Limited,
II Floor, Shaw Wallace Building,
154, Thambu Chetty Street,
Parry's Corner,
Chennai – 600 001. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
M.V.Act, 1988, against the Judgment and Decree in MCOP.No.466 of
2019 dt.09.01.2023 on the file of the Motor Accident claims Tribunal
(Sub Judge, Panruti).
For Appellant : Mrs.Ramya V.Rao
For R2 : Mrs.R.Sreevidhya
1/6
https://www.mhc.tn.gov.in/judis
CMA.No.2474 of 2023
JUDGMENT
In a road accident, that took place on 11.09.2019, 45 year old Pazhanivel
died. The accident occasioned when an auto-rickshaw bearing
Regn.No.TN 32 AJ 9742 belonging to the first respondent and insured
with the second respondent dashed against the motorcycle bearing
bearing Regn.No.PY 01 R 9323, which the victim was riding at the
relevant time. Seeking compensation, the dependents of the victim of the
accident approached the Motor Accident Claims Tribunal with
MCOP.No.466 of 2019.
2.Pazhanivel was a Mason by avocation. The Tribunal has fixed his
monthly income notionally at Rs.9,000/-. Providing for 25% towards
future prospects of increase in income and applying 14 as the multiplier
and deducting 1/3rd towards the personal expenditure of the victim, the
Tribunal arrived at a net value of compensation under the head of 'loss of
dependency' at Rs.12,60,000/-. After providing for other conventional
heads of compensation, the Tribunal granted Rs.13,86,500/-.
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3.This is now under challenge at the instance of the claimants on three
grounds; a) that the notional income was unrealistically fixed; and b)
when there are four claimants as dependents, the Tribunal ought to have
deducted 1/4th and not 1/3rd and c) that the compensation was not granted
under the head 'loss of estate'.
4.Heard both sides and perused the records.
5.This Court considers that it would be appropriate to fix the notional
monthly income of the victim at Rs.12,500/-. Adding another 25%
towards future prospects of increase in income and applying 14 as the
multiplier and deducting 1/4th instead of 1/3rd, the net value of
compensation on the head 'loss of dependency' will be Rs.19,68,750/-. So
far as loss of love and affection for the children are concerned, it must be
Rs.44,000/- for each of the children, were the Tribunal has given only
half of it. Towards loss of estate, another Rs.16,500/- is awarded. The
Award now passed is as below;
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Sl. Description Amount Amount Award
No awarded by awarded confirmed or
Tribunal by this enhanced or
(Rs) Court granted
(Rs)
1. Loss of 12,60,000/- 19,68,750/ Enhanced
dependency -
2. Loss of Love and 44,000/- 44,000/- Confirmed
affection for the
wife of the victim
3. Loss of Love and 66,000 1,32,000/- Enhanced
affection for the
appellants 2 to 4
4. Funeral Expenses 16,500/- 16,500/- Confirmed
5. Loss of Estate - 16,500/- -
Grand Total 13,86,500/- 21,77,250/ Enhanced by
- 7,91,250/-
6.To conclude this appeal is allowed and the compensation is enhanced
from Rs.13,86,500/- to Rs.21,77,250/-. The learned counsel for the
second respondent/insurance company informed the Court that the entire
compensation as awarded by the Tribunal has already been deposited.
The Insurance company is now required to deposit the differential sum
with interest at 7.5%, within a period of six (6) weeks from the date of
receipt of a copy of this order. The enhanced portion of the compensation
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amount is now directed to be apportioned equally between the three
children of the victim. Further, the appellants 1 to 3 are permitted to
withdraw the award amount along with proportionate interest and costs,
less the amount if any, already withdrawn and as far as the compensation
amount pertaining to the fourth appellant viz., Minor P.Sachin is
concerned, it is directed to be deposited in a nationalised Bank in the
interest bearing Fixed Deposit till the minor attains the age of majority
and the mother of the minor viz., P.Selvarani is permitted to withdraw the
accrued interest on the deposits of the minor once in six months. The
appellants are directed to pay the necessary Court Fee, if any, on the
enhanced award amounts. No costs.
24.11.2023
Tsg
To
1.The Motor Accident claims Tribunal
(Sub Judge, Panruti).
2.The Section Officer,
V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
N.SESHASAYEE, J.,
Tsg
24.11.2023
https://www.mhc.tn.gov.in/judis
