Madras High Court
Santhi vs R.Shanthosh on 1 August, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Civil Miscellaneous Appeal No.1920 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Miscellaneous Appeal No.1920 of 2024
1.Santhi
W/o.Anbarasan
2.Aravind Dinesh
S/o.Anbarasan
3.Banu Prathap
S/o.Anbarasan
4.Siddharth
S/o.Anbarasan ... Appellants
Vs.
1.R.Shanthosh
S/o.Ramesh
2.M/s.The Oriental Insurance Co. Limited,
Divisional Office at Siva Complex,
II Floor, No.22C, Saradha College Main Road,
Salem District.
3.M.Kumar
S/o.Muthusamy ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 01.02.2023
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Civil Miscellaneous Appeal No.1920 of 2024
made in M.C.O.P.No.639 of 2021 on the file of Motor Accident Claims
Tribunal, Special District Judge, MCOP Tribunal, Salem.
For Appellants : Mr.R.Navaneetha Krishnan
For Respondents : Mrs.R.Sreevidhya [R2]
*****
JUDGMENT
The appellants/claimants, not being satisfied with the quantum of
compensation awarded by the Motor Accident Claims Tribunal, Special
District Judge, MCOP Tribunal, Salem, in M.C.O.P.No.639 of 2021,
dated 01.02.2023, has filed this appeal.
2. The case of the claimants is that the deceased Anbarasan was
riding a two wheeler on 31.08.2020 at Omalur to Mecheri main road and
at about 8.45 hours, when the two wheeler was proceeding near the
parakalur bus stop, the offending vehicle, a Mahindra Maxi Cab, was
driven in a rash and negligent manner, which was coming from the
opposite direction and dashed on the two wheeler. The deceased was
thrown out of the vehicle and he sustained grievous injuries and he died
on the way to hospital. A First Information Report was registered against
the driver of the offending vehicle in Crime No.801 of 2020. It is under
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Civil Miscellaneous Appeal No.1920 of 2024
these circumstances, the claim petition came to be filed before the
Tribunal seeking 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 the driver of the offending vehicle. Having
rendered such a finding, the Tribunal proceeded to fix the total
compensation at Rs.7,35,000/- under various heads as follows:
Sl. Compensation awarded under the Amount
No. head (in Rs.)
1. Loss of income 6,30,000/-
2. Loss of love and affection 80,000/-
3. Funeral expenses 25,000/-
Total 7,35,000/-
The above compensation was directed to be paid along with interest at
7.5% p.a.
4. The appellants/claimants, not being satisfied with the quantum
of compensation awarded by the Tribunal, have filed this appeal seeking
enhancement of compensation.
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Civil Miscellaneous Appeal No.1920 of 2024
5. Heard Mr.R.Navaneetha Krishnan, learned counsel for
appellants/claimants and Mrs.R.Sreevidhya, learned counsel for second
respondent insurance company.
6. This Court carefully considered the submissions made by
learned counsel on either side and the materials available on record.
7. This Court also carefully went through the award passed by the
Tribunal.
8. The grounds raised by learned counsel for appellants touched
upon the notional income fixed by the Tribunal while fixing the
compensation under the head 'loss of income' and also the compensation
fixed under the head 'loss of love and affection'.
9. The deceased, in this case, was aged about 62 years. The
accident had taken place on 31.08.2020. The deceased left behind his
wife and three sons, who are all major. There was no proof regarding the
avocation and the income earned by the deceased. The Tribunal,
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Civil Miscellaneous Appeal No.1920 of 2024
therefore, fixed the notional monthly income at Rs.10,000/-. This Court is
inclined to fix a sum of Rs.13,500/- considering the fact that the deceased
was aged about 62 years. There is no scope for adding anything towards
future prospects. Thus, the compensation under the head 'loss of
income/dependency' is calculated as follows:
Monthly Income : Rs. 13,500/-
Annual Income : Rs. 1,62,000/-
(13,500 * 12)
Less : Personal expenses
Rs.1,62,000/- * 1/3 : Rs. 54,000/-
-----------------
Rs. 1,08,000/-
Multiplier : x7
-----------------
Loss of income/dependency : Rs.7,56,000/-
-----------------
10. The Tribunal has fixed only a sum of Rs.80,000/- under the
head 'loss of love and affection' and this Court is inclined to enhance the
same to Rs.1,60,000/- [40,000 * 4]. The compensation of Rs.25,000/-
awarded under the head 'funeral expenses' is reduced to Rs.15,000/-. This
Court finds that no sum has been granted towards loss of estate and
hence, a sum of Rs.15,000/- is granted under the head 'loss of estate'.
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Civil Miscellaneous Appeal No.1920 of 2024
11. For the foregoing reasons, the compensation awarded by the
Tribunal is modified as follows:
Amount Amount
Sl. Compensation awarded awarded by the awarded by
No. under the head Tribunal this Court
(in Rs.) (in Rs.)
1. Loss of income 6,30,000/- 7,56,000/-
2. Loss of love and affection 80,000/- 1,60,000/-
3. Funeral expenses 25,000/- 15,000/-
4. Loss of estate - 15,000/-
Total 7,35,000/- 9,46,000/-
12. The compensation awarded by the Tribunal at Rs.7,35,000/- is
enhanced to Rs.9,46,000/-. The second respondent insurance company is
directed to deposit the compensation awarded by this Court, less the
amount already deposited, together with interest at 7.5% p.a. from the
date of claim petition till the date of deposit within a period of six (6)
weeks from the date of receipt of this judgment. Insofar as the enhanced
compensation of Rs.2,11,000/- is concerned, the appellants/claimants will
not be entitled for interest for the period of delay of 266 days as was
ordered by this Court in C.M.P.No.6594 of 2024 in C.M.A.Sr.No.35541
of 2024 dated 26.06.2024. Insofar as the enhanced compensation is
concerned, the deficit court fee, if not paid, shall be paid by the
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Civil Miscellaneous Appeal No.1920 of 2024
appellants. The other directions issued by the Tribunal with regard to the
mode of payment of compensation remains unaltered.
In the result, the Civil Miscellaneous Appeal is partly allowed. No
costs.
01.08.2024
Speaking Judgment/Non-speaking Judgment
Index :Yes/No
Neutral citation: Yes/No
gm
To
The Motor Accident Claims Tribunal,
Special District Judge,
MCOP Tribunal, Salem.
https://www.mhc.tn.gov.in/judis
Civil Miscellaneous Appeal No.1920 of 2024
N.ANAND VENKATESH, J.
gm
Civil Miscellaneous Appeal No.1920 of 2024
01.08.2024
https://www.mhc.tn.gov.in/judis
