Madras High Court
Jayamuthu vs S. Balamurali on 27 September, 2023
CMA No. 2343 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 2343 of 2023
1.Jayamuthu
2.Balaji ... Appellants
Versus
1.S. Balamurali
2.The New India Assurance Co.Ltd.,
“LIC Building” 6th Floor,
No.232, N.S.C. Bose Road,
Chennai – 600 001. ... 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. 2099 of 2021 dated 23.09.2022 on the file of the Motor Accident
Claims Tribunal, (Special Sub Judge No.2, Small Causes Court),
Chennai.
For Appellants : Mr. K. Varadhakamaraj.
For Respondents : Mr. C. Johnson for R2.
R1 – Ex parte.
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CMA No. 2343 / 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. 2099 of 2021 dated 23.09.2022.
2.The claimants/appellants filed the claim petition stating that on
28.03.2021 at about 8.30 hrs, while the deceased was travelling as pillion
rider in the two wheeler belonging to the first respondent and insured
with the second respondent, the rider rode the two wheeler in a rash and
negligent manner and applied sudden brakes as a result of which the
deceased fell down and sustained fatal injuries.
3.The first respondent remained ex parte before the Tribunal.
4.The second respondent filed counter stating that the accident did
not take place in the manner alleged in the claim petition; that the rider
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. 2343 / 2023
5.The appellants examined PW1 and PW2 and marked Ex.P.1 to
Ex.P.12. The second respondent 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
negligence of the rider of the two wheeler insured with the second
respondent and directed the second respondent to pay a compensation of
Rs.20,00,000/- to the appellants at the first instance with a liberty to
recover the same from the first respondent.
7.The learned counsel for the appellants submitted that though the
appellants had established the fact that the deceased was a first year
B.Com., student, the Tribunal had fixed a meagre notional income of
Rs.12,500/- per month, although the accident took place in the year 2021
and prayed for enhancement.
8.Notice to the first respondent is dispensed with by the order of
this Court dated 21.09.2023.
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CMA No. 2343 / 2023
9.The learned counsel for the second respondent, per contra,
submitted that the compensation awarded by 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.It is seen that the appellants had marked Ex.P.6, College
Identity card to show that the deceased was a first year B.Com., student.
Considering the said fact, age of the deceased 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.15,000/- per month. Since the deceased
was aged 19 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 been
deducted towards personal expenses. Therefore, the compensation under
the head Loss of Dependency would be Rs.15,000 + 6,000(40% of
Rs.15,000) = Rs.21,000/- X 12 X 18 X 1/2 = Rs.22,68,000/-. The award
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CMA No. 2343 / 2023
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 confirmed or
by by this enhanced or
Tribunal Court (Rs) granted
(Rs)
1. Loss of Dependency 18,90,000 22,68,000 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 20,00,000 23,78,000 Enhanced by
Rs.3,78,000/-
12.With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.20,00,000/- is hereby enhanced to Rs.23,78,000/- 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
any, within a period of six (6) weeks from the date of a receipt of copy
of this Judgment at the first instance with a liberty to recover the same
from the first respondent. On such deposit, the appellants are permitted
to withdraw their respective shares along with proportionate interest and
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CMA No. 2343 / 2023
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.
27.09.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
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CMA No. 2343 / 2023
SUNDER MOHAN, J
ay
To
1.The Motor Accident Claims Tribunal,
Special Sub Judge No.2,
Small Causes Court,
Chennai.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai.
C.M.A. No. 2343 of 2023
Dated: 27.09.2023
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