Madras High Court
Anbumani vs E. Palani on 27 September, 2023
CMA No. 1325 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 1325 of 2023
1.Anbumani
2.Minor Veeramani
3.Minor Iyyappan
(Minor appellants 2 and 3 rep., by their Next
Friend and Natural guardian mother Anbumani) ... Appellants
Versus
1.E. Palani
2.Reliance General Insurance Co.Ltd.,
Reliance House, 6th Floor,
No. 6, Haddows Road, Nungambakkam,
Chennai – 600 006. ... 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. 2104 of 2014 dated 29.08.2018 on the file of the Motor Accident
Claims Tribunal / Principal District Judge, Cuddalore.
For Appellants : Ms. N. Keerthana for
Ms. Ramya V. Rao.
For Respondents : Ms. C. Bhuvanasundari for R2.
R1 – Dispensed with.
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CMA No. 1325 / 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. 2104 of 2014 dated 29.08.2018.
2.The claimants/appellants have filed the claim petition stating that
the deceased was working as a Machine operator in a concern by name
Aruna Blue Metals, Unaimanchety Village; that on 01.06.2014 at about
04.30 hrs, while the deceased was sleeping near the said concern, a lorry
belonging to the first respondent and insured with the second respondent
came in a rash and negligent manner and ran over the deceased, as a
result of which the deceased 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 only due to the negligence of the deceased; and that in any
case, the compensation claimed was excessive and prayed for dismissal
of the appeal.
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CMA No. 1325 / 2023
5.The appellants examined PW1 and PW2 and marked Ex.P.1 to
Ex.P.9. The second respondent examined RW1 and marked Ex.R.1.
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 vehicle insured with the second
respondent and directed the second respondent to pay a compensation of
Rs.10,83,000/- to the appellants.
7.The learned counsel for the appellants submitted that though the
appellants had established that the deceased was working as a Machine
Operator in a company by name 'Aruna Blue Metals', the Tribunal fixed a
very low monthly income of Rs.6,000/- which requires enhancement.
Further, the learned counsel submitted that no compensation was
awarded under the head loss of love and affection for the appellants 2
and 3 and hence, prayed for allowing the appeal.
8. Notice to the first respondent has been dispensed with by order
of this Court dated 20.04.2023.
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CMA No. 1325 / 2023
9.The learned counsel for the second respondent, per contra,
submitted that in the absence of any evidence to prove the income of the
deceased, the Tribunal had rightly fixed the notional income 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 had
examined PW1, wife of the deceased to prove the avocation of the
deceased. The appellants had also marked Ex.P.6, salary certificate.
However, the employer of the deceased was not examined. Considering
the avocation of the deceased, his age at the time of the accident, the year
of the accident and the number of dependents, this Court is of the view
that it would be just and reasonable to fix Rs.12,000/- per month as
notional income. Since the deceased was aged 40 years at the time of the
accident, the multiplier applicable is 15 and the appellants are entitled to
25% enhancement towards future prospects. Therefore, the compensation
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CMA No. 1325 / 2023
under the head loss of income would be Rs.12,000 + Rs.3,000 (25% of
Rs.12,000) = Rs.15,000 X 12 X 15 X 3/4 (1/4 deducted towards personal
expenses as the father of the deceased was alive at the time of the filing
the claim petition) = Rs.20,25,000/-. The appellants 2 and 3 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/-. 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 confirmed or
by by this enhanced or
Tribunal Court (Rs) granted
(Rs)
1. Loss of Dependency 10,12,500 20,25,000 Enhanced
2. Loss of love and 40,000 1,20,000 Enhanced
affection
3. Funeral Expenses 15,000 15,000 Confirmed
4. Loss of Estate 15,000 15,000 Confirmed
Total 10,82,500 21,75,000 Enhanced by
rounded Rs.10,92,000/-
off to
10,83,000
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CMA No. 1325 / 2023
Though the Tribunal has fixed the rate of interest at 8% per annum, this
Court is of the view that in the facts and circumstances of the case, it
would be just and reasonable to fix the rate of interest at 7.5% per
annum.
12.With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.10,83,000/- is hereby enhanced to Rs.21,75,000/- 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. On such deposit, the first appellant is permitted to
withdraw her 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 shares of the minor second and
third appellants are directed to be deposited in any of the nationalized
bank in a interest bearing Fixed Deposit till they attain majority and the
first appellant is permitted to withdraw the accrued interest once in every
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CMA No. 1325 / 2023
six months. 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
To
1.The Motor Accident Claims Tribunal,
Principal District Judge, Cuddalore.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
CMA No. 1325 / 2023
SUNDER MOHAN, J
ay
C.M.A. No. 1325 of 2023
Dated: 27.09.2023
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