Madras High Court
Abinayasri (Minor) vs K.Rajendran on 2 August, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Civil Miscellaneous Appeal No.1945 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :02.08.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Miscellaneous Appeal No.1945 of 2024
1.Abinayasri (Minor)
2. Rajini (minor)
[Minor Appellants are represented by Natural Guardian
Grand father and Next Friend Karthikeyan, since the
father of the minor appellants is the 1st respondent)
Kothandavadi Post, Thiruvannamalai District. ...Appellants
Vs.
1. K.Rajendran
2. The Manager,
M/s.The Oriental Insurance Company Limited,
Motor III Party Claims office,
No.115, Prakasam Salai,
Broadway, Chennai 600 108 ..Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award passed by the Motor Accident
Claims Tribunal, II judge, Small Causes Court, Chennai in MCOP
No.4609 of 2017 dated 26.04.2023.
1/8
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Civil Miscellaneous Appeal No.1945 of 2024
For Appellant : Mr.K.Sivakumar
For Respondents : R1- Exparte
Mr.S.Senthil Kumar for R2
*****
JUDGMENT
The claimants, who are the children of the deceased
Sangeetha, not being satisfied with the quantum of compensation
awarded by the Tribunal, have filed this appeal challenging the award
passed by Motor Accident Claims Tribunal, II judge, Small Causes
Court in MCOP No.4609 of 2017 dated 26.04.2023.
2. The case of the claimants is that the deceased Sangeetha
was travelling in a two wheeler as a pillion rider on 17.05.2017, which
was driven by the 1st respondent, who was the husband of the deceased.
The offending vehicle was moving at Chetpet to Vandavasi Road and at
about 7.00 a.m, when the vehicle came near Yendhal Koot Road, the two
wheeler was driven by the 1st respondent in a rash and negligent manner.
The 1st respondent without noticing a speed breaker, lost his control and
as a result of which, the deceased was thrown out of the two wheeler and
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Civil Miscellaneous Appeal No.1945 of 2024
she died on the spot after sustaining grievous head injuries. It is under
these circumstances, the minor children of the deceased, filed the claim
petition 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 the driver of the 1st respondent.
4. Having rendered such a finding, the Tribunal proceeded to
fix the total compensation at Rs.14,65,000/- under various heads as
follows :-
Sl. Compensation awarded under Amount
No. the head (in Rs.)
1. Loss of dependency Rs.13,44,000/-
2. Loss of Consortium Rs.88,000/-
3. Loss of Estate Rs.16,500/-
4. Funeral expenses Rs.16,500/-
Total Rs.14,65,000/-
5. The above compensation was directed to be paid by the
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Civil Miscellaneous Appeal No.1945 of 2024
Insurance company with interest at the rate of 7.5% per annum.
6. The claimants not being satisfied with the quantum of
compensation fixed by the Tribunal have filed this appeal seeking for
enhancement of compensation.
7. Heard Mr.K.Sivakumar, learned counsel for
appellants/claimants and Mr.S.Senthil Kumar, learned counsel for 2nd
respondent.
8. This Court carefully considered the submissions made on
either side and the materials available on record.
9. This Court also carefully went through the award passed by
the Tribunal.
10. The only issue that arises for consideration is with regard to
the notional monthly income that was fixed by the Tribunal while
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Civil Miscellaneous Appeal No.1945 of 2024
calculating the compensation under the head of loss of dependency. The
deceased was aged about 36 years at the time of the accident and
according to the claimants, she was doing tailoring work and earning a
sum of Rs.700/- per day. There is no evidence regarding the monthly
income earned by the deceased. The Tribunal fixed the notional monthly
income at Rs.8,000/-, which is clearly on the lower side. Even assuming
that the deceased was a home maker, a higher monthly notional income
has to be fixed. Accordingly, this Court is inclined to fix a sum of
Rs.12,500/- as notional monthly income. Considering the age of the
deceased, 40% can be added towards future prospects. Thus, the
compensation under the head of loss of income / dependency is
calculated as follows :-
Monthly Income : Rs. 12,500/-
Add: Future Prospects : Rs. 5,000/-
40% of Rs.12,500/- -----------------
Rs. 17,500/-
Annual Income : Rs. 2,10,000/-
(17,500 * 12)
Less : Personal expenses
Rs.2,10,000/- * 1/3 : Rs. 70,000/-
-----------------
Rs. 1,40,000/-
Multiplier : x 15
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Civil Miscellaneous Appeal No.1945 of 2024
------------------
Loss of income/dependency : Rs.21,00,000/-
------------------
11. The compensation that has been granted under the other
heads are reasonable and it does not require the interference of this
Court.
12. In the light of the above discussion, this Court modifies the
compensation in the following manner:-
Sl. Compensation awarded under Amount
No. the head (in Rs.)
1. Loss of dependency Rs.21,00,000/-
2. Loss of Consortium Rs.88,000/-
3. Loss of Estate Rs.16,500/-
4. Funeral expenses Rs.16,500/-
Total Rs.22,21,000 /-
13. The compensation awarded by the Tribunal at
Rs.14,65,000/- is enhanced to Rs.22,21,000/-. The Insurance company is
directed to deposit the enhanced compensation, less the amount already
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Civil Miscellaneous Appeal No.1945 of 2024
deposited, together with interest at 7.5% p.a. from the date of claim
petition till the date of deposit within a period of four weeks from the
date of receipt of this judgment. Insofar as the enhanced compensation
of Rs.7,56,000/- is concerned, the appellants/claimants will not be
entitled for interest for the period of delay of 104 days as was ordered by
this Court in C.M.P.No.10225 of 2024, dated 12.07.2024. Insofar as the
enhanced compensation is concerned, the deficit court fee, if not paid,
shall be paid by the appellant. 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 allowed in the
above terms. No costs.
02.08.2024
Speaking Judgment/Non-speaking Judgment
Index :Yes/No
Neutral citation: Yes/No
rka
To, Motor Accident Claims Tribunal, II judge, Small Causes Court,
Chennai.
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Civil Miscellaneous Appeal No.1945 of 2024
N.ANAND VENKATESH.,J
rka
Civil Miscellaneous Appeal No.1945 of 2024
02.08.2024
https://www.mhc.tn.gov.in/judis
