Madras High Court
K.Punitha vs The Manager on 25 September, 2023
CMA No. 2120 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 2120 of 2023
1.K.Punitha
2.K.Karthikeyan
3.K.Kousalya
4.Minor K.Poovarasan
(Minor appellant represented by mother
and natural guardian 1st appellant K.Punitha) ... Appellants
Versus
1.The Manager,
Ford Motor Pvt.Ltd.,
Having office at No.1B, RMZ Millenia,
143, Dr.MGR Road, Perungudi,
Chennai.
2.The Manager,
ICICI Lombard General Insurance Company Ltd.,
Officers Line, Opp to Lakshmi Theatre,
Vellore.
(No relief sought against the 1st respondent
hence notice may be dispensed with) ... Respondents
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CMA No. 2120 / 2023
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. 130 of 2016 dated 09.07.2018 on the file of the Motor Accidents
Claims Tribunal, II Additional District and Sessions Court, Ranipet,
Vellore.
For Appellants : Mr. M. Sivakumar.
For Respondents : Mr. P. Magesh for R2.
R1 – Dispensed with.
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. 130 of 2016 dated 09.07.2018.
2.The claimants have filed the petition stating that on 14.02.2016
at about 5.00 p.m., while the deceased was riding a two wheeler in a
public road, a car driven by its driver in a rash and negligent manner hit
the deceased, as a result of which, the deceased sustained fatal injuries.
3.The first respondent filed a counter stating that the accident took
place due to the rash and negligent driving of the deceased and hence, the
appellants are not entitled to compensation.
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CMA No. 2120 / 2023
4.The second respondent filed a counter stating that the accident
took place due to the negligent riding of the deceased; and that in any
case, the compensation claimed by the appellants was excessive and
prayed for dismissal of the appeal.
5.The appellants examined PW1 to PW4 and marked Ex.P.1 to
Ex.P.13. The respondents examined RW1 and marked Ex.R.1 to Ex.R.3.
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 car insured with the second
respondent and directed the second respondent to pay a compensation of
Rs.11,57,000/- to the appellants.
7.The learned counsel for the appellants submitted that though the
appellants had established that the deceased was working as a Lorry
driver cum JCB operator and was earning a monthly income of
Rs.25,000/- through Ex.P.10, salary certificate, the Tribunal had fixed a
meagre notional income of Rs.7,000/- per month. Further, the learned
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CMA No. 2120 / 2023
counsel submitted that the Tribunal had awarded a meagre sum of
Rs.20,000/- under the head Loss of consortium and Loss of Love and
Affection and no amount has been awarded under the head loss of estate.
Hence, the learned counsel prayed for enhancement of compensation.
8.Notice to the first respondent has been dispensed with by the
order of this Court dated 25.08.2023.
9.The learned counsel for the second respondent, per contra,
submitted that the Tribunal was right in fixing the notional income as the
income of the deceased was not proved by the appellants and submitted
that the award of the Tribunal is just and reasonable and no interference
is called for.
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 had
established the fact that the deceased was a driver and they had examined
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CMA No. 2120 / 2023
PW2 employer of the deceased to prove the said fact. They had also
marked Ex.P.11, driving license and Ex.P.10 salary certificate. From the
above documents, it is clear that the appellants have established the
avocation of the deceased. However, it is seen that the salary certificate
was not corroborated by any other documents such as bank statement or
appointment order. Therefore, the Tribunal was right in fixing the
notional income. However, the Tribunal fixed a meagre sum of
Rs.7,000/- per month as notional income. Considering the age, avocation
and the year of the accident, this Court is of the view that it would be just
and reasonable to fix the notional income at Rs.14,000/- per month. The
deceased was aged 41 years at the time of the accident and hence, the
appellants are entitled to 25% enhancement towards future prospects and
the multiplier applicable is 14. Therefore, the loss of income would be
Rs.14,000 + Rs.3500/- (25% of Rs.14,000) = Rs.17,500 X 12 X 14 X
3/4(1/4th deducted towards personal expenses) = Rs.22,05,000/-. Further,
the compensation awarded under the head Loss of consortium is meagre
and the same is enhanced to Rs.40,000/-. Further, the appellants 2 to 4
are each entitled to Rs.40,000/- under the head Loss of Love and
Affection and the same is enhanced to Rs.1,20,000/-. Since no amount
has been awarded under the head Loss of Estate, Rs.15,000/- is awarded
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CMA No. 2120 / 2023
under the said head. 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 Income 8,82,000 22,05,000 Enhanced
2. Funeral expenses 15,000 15,000 Confirmed
3. Loss of love and affection 20,000 1,20,000 Enhanced
4. Loss of Consortium 20,000 40,000 Enhanced
5. Medical Bills 2,18,000 2,18,000 Confirmed
6. Transportation Charges 2,000 2,000 Confirmed
7. Loss of Estate --- 15,000 Granted
Total 11,57,000 26,15,000 Enhanced by
Rs. 14,58,000/-
12.With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.11,57,000/- is hereby enhanced to Rs.26,15,000/- 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 is directed
to deposit the award amount now determined by this Court along with
proportionate interest and costs, less the amount already deposited, if
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CMA No. 2120 / 2023
any, within a period of six (6) weeks from the date of a receipt of copy of
this Judgment. On such deposit, the appellants 1 to 3 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 share of
the minor fourth appellant is directed to be deposited in any of the
Nationalized Bank in a interest bearing Fixed Deposit till he attains
majority and the first appellant is permitted to withdraw the accrued
interest once in every six months. 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. 2120 / 2023
SUNDER MOHAN, J
ay
To
1. The Motor Accidents Claims Tribunal,
II Additional District and Sessions Court,
Ranipet, Vellore.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai.
C.M.A. No. 2120 of 2023
Dated: 25.09.2023
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