Madras High Court
Sathiya Sakthivel vs V.Kalaiselvi on 22 September, 2023
C.M.A.No.229 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.229 of 2023
1.Sathiya Sakthivel
2.Sakthivel Pondian Appellants
Vs
1.V.Kalaiselvi
2.The New India Assurance company Limited,
2nd Floor, Ram Complex,
29, Paramathi Road, Namakkal. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the judgment and award of the Motor
Accident Claims Tribunal, Additional District Judge, Ariyalur, in
M.C.O.P.No.88 of 2022 dated 30.11.2022.
For appellants : Mr.P.Parthikannan
For R2 : Mr.c.Johnson
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C.M.A.No.229 of 2023
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellants challenging the quantum of compensation granted by the
Tribunal in the award dated 30.11.2022, made in M.C.O.P.No.88 of 2022
on the file of the Motor Accident Claims Tribunal, Additional District
Judge, Ariyalur.
2. The appellants filed M.C.O.P.No.88 of 2022 on the file of the
Motor Accident Claims Tribunal, Additional District Judge, Ariyalur
claiming a sum of Rs.25,00,000/- as compensation for the death of one
Santhosh, who died in the accident that took place on 25.06.2022.
3.According to the appellants, on 25.06.2022 at about08.30 p.m.,
when the deceased was travelling in a two wheeler as a pillion rider on a
public road, the driver of the lorry belonging to the first respondent,
insured with the second respondent, came in a rash and negligent manner
and dashed against the two wheeler; and as a result of which, the
deceased sustained fatal injuries.
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C.M.A.No.229 of 2023
4. Both the respondents, who are the owner and insurer of the
lorry, remained ex-parte before the Tribunal.
5.Before the Tribunal, the first appellant examined herself as
P.W.1 and an eyewitness to the accident was examined as P.W.2 and
marked 7 documents as Exs.P1 to P.7. The respondents did not let in any
oral and documentary evidence.
6.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the lorry belonging to the first respondent and
directed the second respondent being insurer of the lorry to pay a sum of
Rs.3,70,000/- as compensation to the appellants.
7.The learned counsel for the appellants submitted that though the
accident took place in the year 2022, the Tribunal has fixed a meagre
amount as notional income of the deceased and applied the multiplier of
5, which is also erroneous. Hence, he prayed for enhancement of
compensation.
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C.M.A.No.229 of 2023
8. Though notice has been served on the first respondent, none has
entered appearance.
9. Per contra, the learned counsel for the second respondent
submitted that the award of the Tribunal is just and reasonable and no
interference is called for. Hence, he prayed for dismissal of the appeal.
10. The only question involved in the instant appeal is:
Whether the compensation awarded by the Tribunal is just and
reasonable?
11. On perusal of the records, it is seen that the deceased was aged
15 years at the time of accident. Considering the fact that the accident too
place in the year 2022 and the deceased was a minor, this Court is of the
view that it would be just and reasonable to fix the notional income of
the deceased as Rs.60,000/- per annum. The Tribunal applied multiplier
'5', which is not correct. As per the judgment of the Hon'ble Apex Court
reported in 2009 (2) TNMAC 1 SC (Sarla Verma vs. Delhi Transport
Corporation), the correct multiplier applicable is '15'. Hence, the
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C.M.A.No.229 of 2023
compensation awarded by the Tribunal towards loss of dependency is
modified to Rs.9,00,000/- (Rs.60,000/- X 15).
12. The appellants are each entitled for an amount of Rs.44,000/-
towards consortium and love and affection. Therefore, Rs.88,000/- is
awarded under the said head. The compensation awarded by the Tribunal
under the head funeral expenses at Rs.25,000/- is excessive and the same
is hereby reduced to Rs.16,500/-. The Tribunal has not awarded any
amount towards loss of estate and hence, a sum of Rs.16,500/- is hereby
awarded towards loss of estate. The compensation awarded under the
head transport expenses is just and reasonable and the same is hereby
confirmed. Thus, the compensation awarded by the Tribunal is modified
as follows:
Sl. Description Amount Amount Award
No awarded by awarded confirmed or
Tribunal by this enhanced or
(Rs) Court (Rs) granted
1. Loss of 2,70,000/- 9,00,000/- Enhanced
Dependency
2. Loss of estate - 16,500/- Granted
3. Loss of love and 45,000/- 88,000/- Enhanced
affection (44,000x2)
4. Funeral expenses 25,000/- 16,500/- Reduced
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C.M.A.No.229 of 2023
5. Transportation 20,000/- 20,000/- Confirmed
Total 3,60,000/- 10,41,000/- Enhanced by
Rs.6,81,000/-
14. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.3,60,000/- is hereby enhanced to Rs.10,41,000/- 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 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 copy of this Judgment. On such deposit, the appellants are
permitted to withdraw their respective share of the award amount now
determined by this Court as per the apportionment fixed by the Tribunal
along with proportionate interest and costs, less the amount if any,
already withdrawn. The appellants are directed to pay the necessary
Court Fee, if any, on the enhanced award amount. No costs.
22.09.2023
vkr
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
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C.M.A.No.229 of 2023
To:
1.The Motor Vehicle Accident Tribunal,
Additional District Judge,
Ariyalur.
2.The Section Officer,
VR Section, High Court, Madras.
SUNDER MOHAN, J.
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C.M.A.No.229 of 2023
vkr
C.M.A.No.229 of 2023
22.09.2023
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