Madras High Court
S.Maheswari vs P.Kanaharaj on 3 October, 2023
C.M.A(MD)No.921 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.M.A(MD)No.921 of 2017
1.S.Maheswari
2.S.Arunraj
3.Minor.Karthik
4.Minor.Ashtalakshmi
5.Gandhimathi
(Minor petitioners are represented
by their mother guardian and next
friend Maheswari) :Appellants/Petitioners
.vs.
1.P.Kanaharaj
2.National Insurance Company Ltd.,
Jerome Building,
Fort Station Road,
Trichy. : Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988 against the judgment and decree made in
M.C.O.P.No.540 of 2013 on the file of the Motor Accident Claims
Tribunal (Special District Court) Thanjavur, dated 17.12.2014.
For Appellants :Mr.N.Tamilmani
For R1 :No appearance
For R2 :Mr.D.Sivaraman
1/8
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.921 of 2017
JUDGMENT
*********
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]
This Civil Miscellaneous Appeal is directed againt the
judgement and award made in M.C.O.P.No.540 of 2013, dated
17.12.2014, on the file of the Motor Accident Claims Tribunal
(Special District Court) Thanjavur and to set aside the judgment and
award, consequently enhance the compensation.
2.The claim Petitioners are the appellants seeking
enhancement of compensation.
3.For the sake of convenience, the parties are referred herein
as per their ranking before the Tribunal.
4.The legal representatives of the deceased Selvaraj have
filed the claim petition claiming compensation of Rs.75,00,000/- for
the death of the said person in the road accident on 23.11.2012.
The Tribunal has awarded a sum of Rs.38,18,800/-. Aggrieved over
the same, the present appeal has been filed.
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C.M.A(MD)No.921 of 2017
5.The factum of accident, manner of the accident are not in
dispute and the same is hereby confirmed.
6.On quantum of compensation, both parties are heard.
7. The trial Court has rendered a finding that the offending
vehicle was insured with the second respondent and the same is
hereby confirmed.
8. Based upon the Ex.P7- the salary certificate, the tribunal
has taken a monthly salary at Rs.29,000/- as the deceased was
working as Special Sub Inspector of Police. On the date of accident
i.e., on 23.11.2012 the age of the deceased was 48 years. The
correct multiplier is '13', but the Tribunal has taken the multiplier as
'10'. The learned counsel for the appellants submitted that the
deceased was working as a coach in basket ball and no document
has been produced to that effect, hence, we have no hesitation to
reject the said plea. Following the 2017(2) TNMAC 609 (SC)
[National Insurance Co. Ltd., v. Pranay Sethi] 30% has to be
added as future prospects and 1/4th should be deducted for
dependents. Split multiplier adopted by the tribunal is now held to
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C.M.A(MD)No.921 of 2017
be not in accordance with law. Accordingly, the pecuniary loss
sustained by the claimants are rearranged as under:-
9.Rs.29,000 as monthly salary + Rs.8,700/- (30% future
prospects) = 37,700/-. Rs.37,700 x 12 x 13 x 3/4= 44,10,900/-.
Therefore, the loss of income would be Rs.44,10,900/-
10. The medical expenses as per the medical bills Rs.20,000/-
awarded by the Tribunal is confirmed. Loss of consortium for the
wife is reduced to Rs.40,000/- as per the Pranay Sethi judgment.
For loss of love and affection to the claimants 2 to 4 is enhanced to
Rs.75,000/- each. Loss of love and affection to the 5 th appellant is
enhanced from 10,000/- to Rs.25,000/-. This court awarded a sum
of Rs.10,000/- for transportation, Rs.25,000/- awarded for funeral
expenses.
11.Thus, the total compensation payable to the claimant is
arrived at Rs.47,55,900/- (Rupees Fortyseven Lakhs Fiftyfive
thousand nine hundred only). The rate of interest is reduced from
90% to 7.5% per annum, which is the rate of interest prevailing as
on date.
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C.M.A(MD)No.921 of 2017
12.The award of the Tribunal is modified as follows:
S. Description Amount Amount Award
No. awarded by awarded by confirmed or
Tribunal this Court modified or
enhanced or
granted
1. Loss of Rs.35,38,800 Rs.44,10,900 enhanced
income
2. Loss of Rs.75,000/- Rs.40,000 modified
Consortium
and love and
affection to
the 1st
appellant
3. Loss of Love Rs.1,50,000 Rs.2,25,000 enhanced
and affection (Rs.75,000/-
to the each)
appellants 2
to 4
4. Loss of love Rs.10,000 Rs.25,000 enhanced
and affection
to the 5th
appellant
5. Medical Rs.20,000 Rs.20,000 confirmed
expenses
6. Transportatio - Rs.10,000 Awarded
n
7. For Funeral Rs.25,000 Rs.25,000/- Confirmed
expenses
Total Rs. Rs. 47,55,900 Enhanced by
38,18,800/- Rs.9,37,100
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C.M.A(MD)No.921 of 2017
13.The Civil Miscellaneous Appeal is partly allowed enhancing
the compensation from Rs.38,18,800/- to Rs.47,55,900/- with
interest at the rate of 7.5% p.a.from the date of claim petition till
the date of realization. The second respondent Insurance Company
is directed to deposit the modified enhanced award amount with
accrued interest and costs, less the award amount already
deposited, if any, within a period of eight weeks from the date of
receipt of a copy of this order. The first claimant is entitled to a sum
of Rs.13,05,900/-, the claimants 2 to 4 are entitled to
Rs.29,25,000/- (9,00,000/- each + 75,000/- each) and the fifth
claimant is entitled to Rs.5,25,000/-. On such deposit being made,
the first and fifth claimants are entitled to withdraw their share
amount along with proportionate accrued interest and cost, less the
amount already withdrawn, if any. The Tribunal shall deposit the
share of claimants 3 & 4, who are minor claimants, in a Fixed
Deposit in any one of the Nationalised Bank, which shall be renewed
periodically, till they attain majority. The first appellant – mother of
the minors is permitted to withdraw the interest from the shares of
her minor children, viz., appellants 3 & 4, once in three months
from the bank directly. The appellants are directed to pay the
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C.M.A(MD)No.921 of 2017
additional court fee, if any, to the credit of Registry. Only on such
payment being made, Registry is directed to draft the decree in this
appeal. No costs.
[T.K.R.,J.] [P.B.B.,J.]
03.10.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
am
To
The Motor Accident Claims Tribunal
(Special District Court) Thanjavur.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.921 of 2017
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
JUDGMENT MADE IN
C.M.A(MD)No.921 of 2017
03.10.2023
https://www.mhc.tn.gov.in/judis
