Madras High Court
M.Buvaneshwari vs M/S.S.P.K And Co on 25 September, 2023
CMA No. 2104 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 2104 of 2023
1.M.Buvaneshwari
2.V.Manimaran ... Appellants
Versus
1.M/s.S.P.K and Co.,
No.1-1-63/7, S.P.K. Complex,
Ananthapuri Nagar 2nd Street,
Madurai Road, Aruppukottai,
Virudhunagar – 626 101.
2.HDFC ERGO General Insurance Com.Ltd.,
No.559, 2nd Floor, Anna Salai,
Chennai – 600 018. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
No. 4835 of 2017 dated 03.02.2023 on the file of the Motor Accidents
Claims Tribunal, Small Causes Court, Special Sub Court No.2, Chennai.
For Appellants : Mr. K. Varadha Kamaraj.
For Respondents : Mr. S. Arunkumar for R2.
R1 – Dispensed with.
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CMA No. 2104 / 2023
JUDGMENT
The claimants have preferred the instant appeal seeking
enhancement of compensation in the award passed by the Tribunal in
M.C.O.P. No. 4835 of 2017 dated 03.02.2023.
2.The claimants/appellants have filed the claim petition stating that
on 10.07.2017 at about 23.00 hrs, while the deceased was riding his two
wheeler in a public road, a lorry belonging to the first respondent and
insured with the second respondent was parked in a negligent manner in
the public road without any signal, as a result of which, the deceased hit
the lorry from behind and sustained fatal injuries.
3.The first respondent remained ex parte before the Tribunal.
4.The second respondent filed a counter stating that the accident
took place due to the negligent driving of the deceased; that the driver of
the lorry belonging to the first respondent did not have valid license; and
that in any case, the compensation claimed was excessive and prayed for
dismissal of the appeal.
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CMA No. 2104 / 2023
5.The appellants examined PW1 and PW2 and marked Ex.P.1 to
Ex.P.12. The second respondent has neither examined any witness nor
marked any document.
6.The Tribunal after taking into consideration the oral and
documentary evidence held that the accident took place due to the rash
and negligent driving of the driver of the lorry insured with the second
respondent and directed the second respondent to pay a compensation of
Rs.16,09,400/- to the appellants.
7.The learned counsel for the appellants submitted that the
compensation awarded by the Tribunal is meagre as the Tribunal had
fixed a very low monthly income for the deceased, though the appellants
had established that the deceased was working as Plumber and prayed for
enhancement.
8.Since the first respondent remained ex parte before the Tribunal,
the learned counsel for the appellants sought permission of this Court to
dispense with the notice to the first respondent and has made an
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CMA No. 2104 / 2023
endorsement to that effect. Hence, notice to the first respondent is
dispensed with.
9.The learned counsel for the second respondent, per contra,
submitted that the compensation awarded by the Tribunal is just and
reasonable; and that the award is reasonable and there is no reason to
interfere with the said award. The learned counsel further submitted that
they have deposited the entire award amount and the appellants had
withdrawn the same and hence prayed for dismissal of the appeal.
10.The only question that arises for consideration 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 appellants through
the evidence of the first appellant who was examined as PW1 had
established that the deceased was working as Plumber. However, no
document was filed by the appellants either to prove the avocation or
income of the deceased. Considering the age, avocation of the deceased
and the year of the accident, this Court is of the view that it would be just
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CMA No. 2104 / 2023
and reasonable to fix Rs.13,000/- per month as notional income for the
deceased. Since the deceased was aged 27 years at the time of the
accident, the appellants are entitled to 40% enhancement towards future
prospects and the multiplier applicable is 17. Since the deceased died as
bachelor, 50% has to be deducted towards personal expenses. Therefore,
the loss of income would be Rs.13,000 + 5,200 (40% of Rs.13,000) =
Rs.18,200 X 12 X 17 X ½ = Rs.18,56,400/-. The award under the other
heads are just and the same are confirmed. Thus, the award of the
Tribunal is modified 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 Dependency 14,99,400 18,56,400 Enhanced
2. Loss of Consortium 80,000 80,000 Confirmed
3. Loss of Estate 15,000 15,000 Confirmed
4. Funeral Expenses 15,000 15,000 Confirmed
Total 16,09,400 19,66,400 Enhanced by
Rs.3,57,000/-
12.With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.16,09,400/- is hereby enhanced to Rs.19,66,400/- together with
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CMA No. 2104 / 2023
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 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 along with proportionate
interest and costs, less the amount if any, already withdrawn as per the
apportionment fixed by the Tribunal. The appellants are directed to pay
the necessary Court fee if any on the enhanced award amount. No costs.
25.09.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
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CMA No. 2104 / 2023
To
1. The Motor Accidents Claims Tribunal /
Small Causes Court,
Special Sub Court No.2,
Chennai.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai.
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CMA No. 2104 / 2023
SUNDER MOHAN, J
ay
C.M.A. No. 2104 of 2023
Dated: 25.09.2023
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