Madras High Court
Jamila vs P.Pradeep on 1 August, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
CMA No.1919 of 2024
1.Jamila
2.Ayesha ... Appellants
.vs.
1.P.Pradeep
2.The ICICI Lombard General Insurance Co. Ltd.,
No.142, 1st Floor, ECR Main Road,
Pondicherry – 1. ..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the judgment and decree dated 25.09.2023 made in MCOP
No.178 of 2022, on the file of the Motor Accident Claims Tribunal, II Additional
District and Sessions Judge, Tiruvallur at Poonamallee.
For Appellants : Mr.K.G.Suresh
For Respondents : Mr.M.Jayaraj for R2
https://www.mhc.tn.gov.in/judis
JUDGMENT
The claimant who are the daughters of the deceased Sabira not being
satisfied with the quantum of compensation awarded by the Tribunal in MCOP
No.178 of 2022, dated 25.09.2023, have filed this appeal seeking for
enhancement of compensation.
2.The case of the claimants is that the deceased Sabira on 06.07.2023 after
getting down from the bus was walking on the road side near Aravindh Eye
Hospital and at about 6.45 a.m, the two wheeler which was coming from the
opposite direction was driven in a rash and negligent manner and it dashed on
the deceased. She sustained serious injuries and she was taken to the hospital.
Unfortunately, the deceased succumbed to the injuries on 08.07.2022. An FIR
came to be registered against the rider of the two wheeler. It is under these
circumstances, the claim petition came to be filed before the Tribunal seeking
for payment of compensation.
3.The Tribunal on considering the facts and circumstances of the case and
on appreciation of oral and documentary evidence, came to a conclusion that the
accident had taken place only due to the rash and negligent driving on the part of
https://www.mhc.tn.gov.in/judis
the rider of the two wheeler. Having come to such a conclusion, the Tribunal
fixed the total compensation payable at Rs.9,94,444/- under various heads as
follows:
S.No Compensation awarded under Amount
the head (in Rs.)
1. Loss of Income 9,60,444
2. Loss of Estate 17,000
3. Funeral Expenses 17,000
Total 9,94,444
4.The above compensation was directed to be paid with interest at the rate
of 7.5% per annum.
5.The claimants not being satisfied with the quantum of compensation
awarded by the Tribunal has filed the present appeal before this Court seeking
for enhancement of compensation.
6.Heard Mr.K.G.Suresh, learned counsel appearing on behalf of the
appellants and Mr.M.Jeyaraj, learned counsel appearing on behalf of the 2nd
respondent.
7.This Court has carefully considered the submissions made on either side
https://www.mhc.tn.gov.in/judis
and also the materials available on record.
8.In the considered view of this Court, the compensation that has been
fixed under the head of loss of income, loss of estate and funeral expenses are
reasonable. The Tribunal has not fixed any compensation under the head of loss
of love and affection. This Court is inclined to fix a sum of Rs.80,000/-
(Rs.40,000 x 2) under this head.
9.In the light of the above discussion, the compensation awarded by the
tribunal is modified as follows:
S.No Compensation awarded under Amount
the head (in Rs.)
1. Loss of Income 9,60,444
2. Loss of Estate 17,000
3. Funeral Expenses 17,000
4. Loss of Love and Affection 80,000
Total 10,74,444
10.The compensation awarded by the tribunal at Rs.9,94,444/- is
enhanced to Rs.10,74,444/-. The second respondent insurance company is
directed to deposit the enhanced compensation, less the amount already
deposited, together with interest at 7.5% p.a. from the date of claim petition till
https://www.mhc.tn.gov.in/judis
the date of deposit within a period of four weeks from the date of receipt of this
judgment. Insofar as the enhanced compensation is concerned, the deficit court
fee, if not paid, shall be paid by the claimants. The other directions issued by the
Tribunal with regard to the mode of payment of compensation remains
unaltered.
11.In the result, the Civil Miscellaneous Appeal is partly allowed. No
costs.
01.08.2024
Index : Yes/No
Speaking Order/Non-Speaking Order
Neutral citation : Yes/No
ssr
To
The Motor Accident Claims Tribunal,
II Additional District and Sessions Judge, Tiruvallur at Poonamallee.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH., J
ssr
01.08.2024
https://www.mhc.tn.gov.in/judis
