Madras High Court
Suguna Bai vs M/S.Greenways Shipping Agencies ... on 27 September, 2023
CMA No. 2341 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 2341 of 2023
1.Suguna Bai
2.Sugunaram
3.Ramesh @ Ramesh Kumar ... Appellants
Versus
1.M/s.Greenways Shipping Agencies P. Ltd.,
Rep., by its Managing Director,
Old No.55, New No.9.113, 1” Floor,
Armenian Street, Chennai – 600 001.
2.United India Insurance Co.Ltd.,
D.O: T.P. Cell: No. 134,
Greams Road,
Chennai – 600004. ... 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. 7034 of 2018 dated 15.11.2022 on the file of the Motor Accident
Claims Tribunal, III Court of Small Causes, Chennai.
For Appellants : Mr. U. Chithambaram.
For Respondents : Mrs. R. Sreevidhya for R2.
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CMA No. 2341 / 2023
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. 7034 of 2018 dated 15.11.2022.
2.The claimants/appellants have filed the claim petition stating that
on 06.10.2018 at about 12 hrs, while the deceased was travelling as a
pillion rider in the two wheeler on a public road, a lorry belonging to the
first respondent and insured with the second respondent was parked in a
dangerous manner without any parking light or parking indication, as a
result of which, the rider of the two wheeler in which the deceased
travelled dashed against the said lorry, as a result of which the deceased
sustained fatal injuries.
3.The first respondent filed counter stating that the accident took
place only due to the negligence of the rider of the two wheeler; that the
lorry was insured with the second respondent herein; and that in any
case, the compensation claimed was excessive and prayed for dismissal
of the appeal.
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CMA No. 2341 / 2023
4.The second respondent filed counter stating that the accident
took place only due to the negligence of the rider of the two wheeler; that
the lorry insured with the second respondent was parked in the extreme
left with all indications; that the rider and the deceased did not wear
helmet at the time of the accident; and that in any case, the compensation
claimed was excessive and prayed for dismissal of the appeal.
5.The appellants examined PW1 and PW2 and marked Ex.P.1 to
Ex.P.11. 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
negligence of the driver of the lorry insured with the second respondent
and directed the second respondent to pay a compensation of
Rs.17,73,200/- to the appellants.
7.The learned counsel for the appellants submitted that though the
appellants had established that the deceased was working as electrician,
the Tribunal fixed a low monthly income of Rs.11,000/- which requires
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CMA No. 2341 / 2023
enhancement.
8.Notice to the first respondent is dispensed with by the order of
this Court dated 14.09.2023.
9.The learned counsel for the second respondent, per contra,
submitted that the compensation awarded by the Tribunal is just and
reasonable in the absence of any proof for avocation and income of the
deceased and 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 PW1, mother of the
deceased was examined to show that the deceased was working as
Electrician. However, no documentary evidence was filed to either prove
the avocation or income of the deceased. 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.
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CMA No. 2341 / 2023
Since the deceased was aged 21 years at the time of the accident, the
appellants are entitled to 40% enhancement towards future prospects and
the multiplier applicable is 18. Since the deceased died as a bachelor,
50% has to be deducted towards personal expenses. Therefore, the
compensation under the head loss of income would be Rs.14,000 +
Rs.5,600 (40% of Rs.14,000) = Rs.19,600/- X 12 X 18 X
1/2=Rs.21,16,800/-. 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 awarded by confirmed or
by this Court enhanced or
Tribunal (Rs) granted
(Rs)
1. Loss of Dependency 16,63,200 21,16,800 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 17,73,200 22,26,800 Enhanced by
Rs.4,53,600/-
12.With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.17,73,200/- is hereby enhanced to Rs.22,26,800/- together with
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CMA No. 2341 / 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
proportionate 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 shares 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.
27.09.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
SUNDER MOHAN, J
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CMA No. 2341 / 2023
ay
To
1.The Motor Accident Claims Tribunal,
III Court of Small Causes,
Chennai.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai.
C.M.A. No. 2341 of 2023
Dated: 27.09.2023
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