Mrs.Vachala vs Mrs.Mallikunnissa
2023 Latest Caselaw 12284 Mad

Citation : 2023 Latest Caselaw 12284 Mad
Judgement Date : 12 September, 2023

Madras High Court

Mrs.Vachala vs Mrs.Mallikunnissa on 12 September, 2023

                                                                           C.M.A.No.2110 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 12.09.2023

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                 C.M.A.No.2110 of 2023

                   1.Mrs.Vachala

                   2.Mr.Elangovan                                                ... Appellants
                                                             Vs.
                   1.Mrs.Mallikunnissa
                   (Since R1 remained exparte before the
                   Tribunal, her presence may be dispensed with)

                   2.United India Insurance Company Limited,
                     No.43/397-A, Annai Indira, Gandhi Nagar,
                     Rajajipuram, Tiruvallur.                                   ... Respondents


                   PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the

                   Motor Vehicles Act, 1988, against the Judgment and Decree dated

                   06.09.2021 made in M.A.C.T.O.P.No.110 of 2021 on the file of the Motor

                   Accident Claims Tribunal, Special District Court to deal with Motor

                   Accident Claims Tribunal No.1, Tiruvallur.

                                     For Appellants   :     Ms.A.Subadra

                                     For Respondents :      R1 – dispensed with
                                                            Mr.Sankara Narayanan for R2

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                                                                              C.M.A.No.2110 of 2023

                                                 JUDGMENT

The claimants are the appellants before this Court seeking

enhancement of compensation.

2.The appellants had filed a claim petition stating that on 05.05.2021

at about 2.15 P.M., when the deceased was riding his motorcycle, the driver

of the bus belonging to the first respondent herein drove the same in a rash

and negligent manner, hit the motor cycle of the deceased, as a result of

which, the deceased sustained fatal injuries.

3.The first respondent remained ex-parte before the Trial Court.

4.The second respondent filed a counter stating that the accident took

place only due to the negligence of the deceased and that in any case, the

claim made by the appellants is excessive and prayed for dismissal of the

claim petition.

5.Before the Tribunal, the appellants examined 2 witnesses as

P.W.1 and P.W.2 and marked 18 documents as Exhibits P.1 to P.18. On the

side of the second respondent, 2 witnesses were examined as R.W.1 and https://www.mhc.tn.gov.in/judis

C.M.A.No.2110 of 2023

R.W.2 and 7 documents were marked as Exhibits R1 to R7.

6.The Trial Court after considering the evidence on record, held that

the accident took place due to the negligence of the driver of the offending

vehicle insured with the second respondent and directed the second

respondent to pay a compensation of Rs.16,25,000/- to the appellants at the

first instance and recover the same from the 1st respondent owner of the

vehicle.

7.The learned counsel for the appellants submitted that the award of

the Tribunal is meagre and a low monthly notional income of Rs.10,000/-

was fixed for the deceased, though the appellants had established that the

deceased was employed and was earning Rs.20,000/- per month and prayed

for enhancement of compensation.

8.Since the first respondent remained exparte before the Tribunal, the

learned counsel for the appellants made an endorsement that notice to the

first respondent may be dispensed with. Hence notice to the first

respondent is dispensed with.

9.The learned counsel for second respondent per contra submitted

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C.M.A.No.2110 of 2023

that though the appellants claimed that the deceased was working in an Egg

shop, no documents were filed either to prove the avocation or income of

the deceased. Hence, the Tribunal was right in fixing the notional income

of Rs.10,000/- per month and no interference is called for and prayed for

dismissal of the appeal.

10.Heard the learned counsel for the appellants as well as the 2nd

respondent and perused the materials available on record.

11.The only question involved in this appeal is whether the quantum

of compensation awarded by the Tribunal is just and reasonable?.

12.On perusal of records, this Court finds that P.W.1, the father of the

deceased had stated that the deceased was working in an Egg Shop and was

earning Rs.25,000/- per month. However, the appellants have not produced

any documents to prove the exact income earned by the deceased. The

deceased was aged 21 years.

13.Considering the age of the deceased, his avocation, the number of

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C.M.A.No.2110 of 2023

the dependants and the year of the accident, this Court is of the view that it

would be just and reasonable to fix the notional income of Rs.14,000/- per

month. Thus, the compensation under the head loss of dependency has to be

Rs.14,000 + 5,600 40% of Rs.14,000 X 12 X 18 X 50%=Rs.21,16,800/-.

The award under the other heads are confirmed. Thus, the award is

modified as follows:

                                                                      Amount         Amount
                     S.No.                    Heads                  awarded by     awarded by      Award amount
                                                                    the Tribunal    this Court       enhanced or
                                                                       (in Rs.)       (in Rs.)        reduced or
                                                                                                      confirmed
                         1        Loss of dependency                  15,12,000/-     21,16,800/-        Enhanced
                         2        Loss of estate                         16,500/-       16,500/-        Confirmed
                         3        Loss      of         consortium        80,000/-       80,000/-        Confirmed
                                  Rs.40,000x2
                         4        Funeral expenses                       16,500/-       16,500/-        Confirmed
                                               Total                  16,25,000/-     22,29,800/-   Enhanced by
                                                                                                         by
                                                                                                    Rs.6,04,800/-

14.With the above modification, this Civil Miscellaneous Appeal is

partly allowed and the compensation awarded by the Tribunal at

Rs.16,25,000/- is hereby enhanced to Rs.22,29,800/- 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 is directed to

deposit the award amount, now determined by this Court, less the amount https://www.mhc.tn.gov.in/judis

C.M.A.No.2110 of 2023

already deposited, if any, within a period of six (6) weeks from the date of a

receipt of a copy of this judgment at the first instance and recover the same

from the first respondent/owner of the vehicle. On such deposit, the

appellants are permitted to withdraw their share of the award amount, less

the amount if any, already withdrawn along with proportionate interest and