Madras High Court
M.Verabhadra vs Sirigirireddy Nagarjuna Reddy on 8 September, 2023
CMA No. 1432 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 1432 of 2023
1. M.Verabhadra
2. V.Manjula ...Appellants/petitioners
Versus
1.Sirigirireddy Nagarjuna Reddy
2.The Manager,
IFFCO TOKIO General Insurance Co.Ltd.,
2nd Floor, Opp. Andhara Bank,
Near Ramanuja Circle, Tirupathi,
Andrapradesh – 517501, Its Branch Office at
GSN Archade 2nd Floor, Hosur,
Tamil Nadu – 635 109 ...Respondents/Respondents
PRAYER : Civil Miscellaneous Appeal has been filed under Section 173
of the Motor Vehicles Act, 1988, against the award dated 08.11.2021
made in M.C.O.P.No.1256 of 2020 on the file of the Motor Accident
Claims Tribunal Special District Court, Krishnagiri.
For Appellants : Mr.SP.Yuaraj
For Respondents : R1 - Exparte
R2 – Mr.J.Michael Visuvasam
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CMA No. 1432 / 2023
JUDGMENT
The claimants have preferred the above appeal seeking
enhancement of the compensation awarded by the Tribunal.
2. The appellants filed the claim petition stating that on 22.05.2020
at about 18:00 hours, while the deceased was travelling as a pillion rider
in a two-wheeler bearing Reg.No.AP-03-AN-3143 in a public place,
a lorry bearing Reg.No.AP-04-TW-4666 belonging to the
first respondent and insured with the second respondent came in a rash
and negligent manner dashed against the two wheeler of the deceased,
as a result of which the deceased sustained fatal injuries.
3. The first respondent remained ex-parte before the Tribunal.
4. The second respondent/insurance company filed a counter
denying the averments made in the claim petition and stated that the
accident occurred due to the negligence of the rider of the two wheeler;
that the driver of the first respondent's lorry was not holding valid
driving licence at the time of the accident; that in any case, the claim was
excessive and prayed for dismissal of the claim petition.
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CMA No. 1432 / 2023
5. The appellants examined P.W.1 and P.W.2 and marked
nine documents as Exs.P1 to P9. The respondents neither examined any
witness nor marked any document.
6. The Tribunal, after taking into consideration the oral and
documentary evidence, fixed 10% of the contributory negligence on the
rider of the two wheeler and awarded a total compensation of
Rs.13,40,466/- to the appellants.
7. The learned counsel for the appellants/claimants submitted that
the notional income fixed by the Tribunal at Rs.9,000/- is meagre and
prayed for enhancement of compensation. The learned counsel for the
appellants further submitted that the Tribunal ought not to have fixed
10% contributory negligence on the rider of the two-wheeler.
8. Since the first respondent remained ex-parte before the
Tribunal, the learned counsel for the appellants made an endorsement to
dispense with notice to the first respondent. Hence, notice to the first
respondent is dispensed with.
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CMA No. 1432 / 2023
9. The learned counsel for the second respondent/insurance
company per contra, submitted that the award of compensation is just and
reasonable and prayed for dismissal of the appeal.
10. Heard the learned counsel for the appellants as well as the
second respondent and perused the materials available on record.
11. The questions involved in the instant appeal are:
(i) Whether the Tribunal was right in fixing 10% contributory
negligence on the rider of the two wheeler?
(ii) Whether the compensation awarded by the Tribunal is just and
reasonable?
12. As regards first question, this Court finds that the rider of the
two wheeler travelled with a child who was aged about eight years and a
pillion rider who was aged about twenty two years. There is nothing in
the evidence to suggest that the rider had contributed to the accident
because of the child also travelling along with other pillion rider in the
bike. In the absence of evidence to show that the deceased had
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CMA No. 1432 / 2023
contributed to the accident, the Tribunal erred in fixing 10% contributory
negligence on deceased and hence the same is set aside.
13. As regards compensation, it is seen from the records that the
accident took place in the year 2020, i.e., 22.05.2020. The appellants
have examined P.W.1/father of the deceased to prove that the deceased
was working as Tailor. However, no document was filed to prove the
income of the deceased. Considering the age, avocation of the deceased,
year of the accident and that the claimants are the parents of the
deceased, this Court is of the view that it would be just and reasonable to
fix Rs.15,000/- per month as notional income of the deceased. Since the
deceased was aged 22 years at the time of the accident, the appellants are
entitled to 40% enhancement towards future prospects. Since the
deceased was unmarried at the time of the accident, half of her income
has to be deducted towards her personal expenses. The multiplier
applicable is '18'. Hence, the appellants are entitled to compensation
under the head ''Loss of Dependency'' in the following manner:
Rs.15,000/- + Rs.6000/-/ (40 % of Rs.15,000/-/) X 12 X 18 X ½ =
Rs.22,68,000/-
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CMA No. 1432 / 2023
14. The compensation awarded by the Tribunal under other heads
is just and reasonable and hence, the same are confirmed. Thus, the
compensation awarded by the Tribunal is enhanced from Rs.13,40,466/-
to Rs.23,96,607/-, break-up as follows :-
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of 13,60,800/- 22,68,000/- Enhanced
Dependency
2. Loss of Estate 15,000/- 15,000/- Confirmed
3. Funeral 15,000/- 15,000/- Confirmed
Expenses
4. Loss of 80,000/- 80,000/- Confirmed
Consortium
5. As per Ex.P8, 10,107/- 10,107/- Confirmed
Medical Bills
6. As per Ex.P9, 8,500/- 8,500/- Confirmed
Ambulance
Bills
Total Rs.14,89,407/- 23,96,607/-
10% Set aside
contributory
negligence
Rs.1,48,941/-
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CMA No. 1432 / 2023
Compensation Rs.13,40,466/- Rs.23,96,607/- Enhanced by
payable to the Rs.10,56,141/-
claimants
15. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.13,40,466/- is hereby enhanced to Rs.23,96,607/- together with
interest at 7.5% per annum (excluding the default period, if any) from the
date of petition till the date of deposit. The second respondent/Insurance
Company is directed to deposit the enhanced award amount now
determined by this Court along with interest and costs, less the amount
already deposited, if any, within a period of six (6) weeks from the date
of a receipt of a copy of this Judgment . On such deposit, the appellants
are permitted to withdraw their share of the award amount along with
proportionate interest and costs, less the amount if any, already
withdrawn, on the basis of apportionment fixed by the Tribunal.
The appellants are directed to pay the necessary Court Fee, if any, on the
enhanced award amount. No costs.
08.09.2023
dk
Index: Yes/No
Neutral Citation: Yes / No
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CMA No. 1432 / 2023
To
1.The Special District Court,
Motor Accident Claims Tribunal,
Krishnagiri.
2.The Section Officer,
VR Section,
High Court of Madras,
Chennai.
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CMA No. 1432 / 2023
SUNDER MOHAN, J
dk
C.M.A. No. 1432 of 2023
Dated: 08.09.2023
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