Madras High Court
Nathiya vs S.Arunachalam on 2 August, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Civil Miscellaneous Appeal No.1958 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.1958 of 2024
1.Nathiya
2.Minor Veeramanikandan
3. Minor Tamilkumaran
(Minors are represented by their mother
1st petitioner Nathiya)
4. Deviga ... Appellants
Vs.
1. S.Arunachalam
2. The Divisional Manager
United India Insurance Co. Ltd.,
Motor Third Party claims office,
No.147,/58, C 3rd Floor,
Kancheepuram ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgement and decree dated 12.04.2022
made in M.A.C.T.O.P.No.96 of 2018 on the file of the Motor Accident
1/9
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Civil Miscellaneous Appeal No.1958 of 2024
Claims Tribunal, Chennai (District and Sessions Judge, Additional
District Court, Fast track Court), Kanchipuram.
For Appellant : Mr.K.Varadhakamaraj
For Respondents : R1- Exparte
M/s.R.Sreevidhya for R2
*****
JUDGMENT
The claimants, who are the wife, children and mother of the
deceased Balaji, 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, Chennai (district and
Sessions Judge, Additional District Court Fast Track Court),
Kancheepuram, in M.A.C.T.O.P.No.93 of 2018 dated 12.04.2022.
2. The case of the claimants is that the deceased Balaji was
travelling in a two wheeler on 06.12.2017 at Walajabad to Kancheepuram
road and at about 11.20 a.m, when the two wheeler was nearing the
Vengudi Village, the offending vehicle which was a bus was driven in a
rash and negligent manner and it dashed on the rear side of the two
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Civil Miscellaneous Appeal No.1958 of 2024
wheeler. As a result of which, the deceased was thrown out of the vehicle
and he sustained serious injuries and he succumbed to the injuries on
07.12.2017. 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 the driver of the offending vehicle.
4. Having rendered such a finding, the Tribunal proceeded to
fix the total compensation at Rs.14,81,200/- under various heads as
follows :-
Sl. Compensation awarded under Amount
No. the head (in Rs.)
1. Loss of Income 14,11,200/-
2. Funeral expenses 15,000/-
3. Loss of Consortium 40,000/-
4. Loss of Estate 15,000/-
Total Rs.14,81,200/-
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Civil Miscellaneous Appeal No.1958 of 2024
5. The above compensation was directed to be paid by the
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.Varadha Kamaraj, learned counsel for
appellants/claimants and Mr.R.Sreevidhya 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 claimants came up with a case that the deceased was a
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Civil Miscellaneous Appeal No.1958 of 2024
Tanker lorry driver and earning a sum of Rs.25,000/- per month. There
was no proof regarding the occupation of the deceased and the income
earned by him. The Tribunal fixed a sum of Rs.7,000/- as notional
monthly income. The same is clearly on the lower side. Considering the
fact that the accident had taken place in the year 2017 and there are
nearly four claimants who are dependant on the income of the deceased,
this Court is inclined to fix Rs.14,000/- per month towards notional
monthly income. Considering the fact that the age of the deceased is 35
years at the time of the accident, 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. 14,000/-
Add: Future Prospects : Rs. 5,600/-
40% of Rs.14,000/- -----------------
Rs. 19,600/-
Annual Income : Rs. 2,35,200/-
(19,600 * 12)
Less : Personal expenses
Rs.2,35,200/- * 1/4 : Rs. 58,800/-
-----------------
Rs. 1,76,400/-
Multiplier : x 16
------------------
Loss of income/dependency : Rs. 28,22,400/-
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Civil Miscellaneous Appeal No.1958 of 2024
------------------
11. The Tribunal has not granted any compensation under the
head of “loss of love and affection” for claimants 2 to 4.Therefore, this
Court is inclined to fix a sum of Rs.1,20,000/- (Rs.40,000 each x3) under
this head.
12. The compensation that has been granted under the other
heads are reasonable and it does not require the interference of this
Court.
13. 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. Total loss of dependency Rs.28,22,400/-
2. Loss of Consortium Rs. 40,000/-
3. Loss of love and affection Rs.1,20,000/-
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Civil Miscellaneous Appeal No.1958 of 2024
Sl. Compensation awarded under Amount
No. the head (in Rs.)
4. Loss of Estate Rs. 15,000/-
5. Funeral expenses Rs.15,000/-
Total Rs.30,12,400/-
14. The compensation awarded by the Tribunal at
Rs.14,81,200/- is enhanced to Rs.30,12,400/-. The 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 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.15,31,200/- is concerned, the appellants/claimants will not be
entitled for interest for the period of delay of 470 days as was ordered by
this Court in C.M.P.No.25481 of 2023, dated 01.07.2024. 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
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Civil Miscellaneous Appeal No.1958 of 2024
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, Chennai (District and Sessions
Judge, Additional District Court, Fast track Court), Kanchipuram.
N.ANAND VENKATESH.,J
rka
Civil Miscellaneous Appeal No.1958 of 2024
https://www.mhc.tn.gov.in/judis
Civil Miscellaneous Appeal No.1958 of 2024
02.08.2024
https://www.mhc.tn.gov.in/judis
