Madras High Court
Muthulakshmi vs Bhavani on 25 September, 2023
C.M.A.No.2587 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.2587 of 2022
1.Muthulakshmi
2.Devi
3.Sankar
4.Dhanam ... Appellants
Versus
1.Bhavani
2.United India Insurance Company Ltd.,
Rep. by its Manager,
No.6/3 B, First Floor,
R.C.C. Building,
Baikkaratheru, Aaduthurai Main Road,
Thanjavur District. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the judgment and decree dated 30.09.2021
passed in M.C.O.P.No.243 of 2019, on the file of the Motor Accident
Claims Tribunal, Additional District Judge, Ariyalur.
For Appellants : Mr.P.Parthikannan
For R1 : No Appearance
For R2 : Mr.P.Sankar Narayanan
JUDGMENT
The appellants/claimants have preferred the instant appeal seeking
enhancement of compensation.
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C.M.A.No.2587 of 2022
2.The appellants/claimants filed the claim petition stating that on
06.04.2019 at about 8.30 p.m., while the deceased was riding bicycle on
a public road, a car insured with the 2nd respondent came in a rash and
negligent manner, dashed against the bicycle of the deceased; that as a
result of which, the deceased sustained fatal injuries.
3.The 1st respondent-owner of the offending vehicle remained ex-
parte before the Tribunal.
4.The 2nd respondent-Insurance Company filed a counter stating
that the accident took place only due to the negligence of the deceased
and that in any case, the compensation claimed by the appellants was
excessive and prayed for dismissal of the claim petition.
5.The appellants examined P.W.1 and P.W.2 and marked Exs.P1
to P8 on their side. The 2nd respondent neither examined any witness nor
marked any document.
6.The Tribunal after taking into consideration of the oral and
documentary evidence, held that the accident took place due to the
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C.M.A.No.2587 of 2022
negligence of the driver of the car, insured with the 2nd respondent and
directed the 2nd respondent to pay a compensation of Rs.9,33,875/- to the
appellants.
7.The learned counsel for the appellants submitted that though the
accident took place in the year 2019 and the appellants had established
that the deceased was working as an agricultural coolie, the Tribunal had
fixed the meagre notional income of the Rs.7500/- per month; that the
Tribunal had not awarded any compensation under the head loss of love
and affection to the appellants 2 to 4 and hence prayed, for enhancement
of compensation.
8.Though notice was duly served on the 1st respondent and the
name of the 1st respondent is printed in the cause list, none entered
appearance on behalf of her.
9.Mr.P.Sankar Narayanan, learned counsel for the 2nd respondent
submitted that the deceased was aged about 55 years at the time of
accident and since there was no evidence either to prove the avocation
and the income of the deceased, the Tribunal was right in fixing the
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C.M.A.No.2587 of 2022
notional income and 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 P.W.1-wife of the
deceased was examined to prove that the deceased was working as
agricultural coolie. Considering the age of the deceased, number of
dependants and the year of accident, this Court is of the view that it
would be just and reasonable to fix a sum of Rs.11,000/- as notional
income. The multiplier applicable is 11. By adding 10% towards future
prospects and after deducting 1/4th towards personal expenses, the
compensation under the head loss of dependancy would be as follows:
Rs.12,100/- (11000 + 1100 ) X 12 X 11 X 3/4 = Rs.11,97,900/-.
The appellants 2 to 4 are each entitled to Rs.40,000/- each towards loss of
love and affection. The amount of compensation awarded by the Tribunal
under other heads is just and reasonable and the same are confirmed.
Thus, the compensation awarded by the Tribunal is modified as follows:-
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C.M.A.No.2587 of 2022
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of 8,53,875 11,97,900 Enhanced
Dependancy
2. Loss of Estate 15,000 15,000 Confirmed
3. Loss of 40,000 40,000 Confirmed
Consortium
4. Transport 10,000 10,000 Confirmed
Expenses
5. Funeral Expenses 15,000 15,000 Confirmed
6. Loss of Love and - 1,20,000 Granted
Affection
Total 9,33,875 13,97,900 Enhanced by
Rs.4,64,025/-
12.With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.9,33,875 /- is hereby enhanced to Rs.13,97,900 /-, 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 2nd 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
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C.M.A.No.2587 of 2022
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.
25.09.2023
rst/dpa
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To:
1.The Motor Vehicle Accident Tribunal,
Additional District Judge, Ariyalur.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.2587 of 2022
SUNDER MOHAN, J.
rst/dpa
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C.M.A.No.2587 of 2022
C.M.A.No.2587 of 2022
25.09.2023
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