Madras High Court

S.Anuradha vs M/S.General Connectors India Pvt. Ltd on 5 August, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                 CMA.No.1657 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 05.08.2024

                                                           CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                 C.M.A.No.1657 of 2024

                     1. S.Anuradha
                     2. K.Sivakumar
                     3. S.Muralidharan                                          ... Appellants
                                                             vs.

                     1. M/s.General Connectors India Pvt. Ltd.,
                        No.306, Cuddalore Road, Mudaliarpet,
                        Mouruungapakkam, Pondicherry - 605 004.

                     2. Tata AIG GENERAL INSURANCE CO.LTD.,
                        2nd Floor, Samson Towers,
                        No.403, L, Pantheon Road,
                        Egmore, Chennai - 600 008.                               ...Respondents

                     (The first respondent remained absent and was set ex parte in the lower
                     court and hence notice may be dispensed with)

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the decree and judgment dated
                     26.02.2024 in M.A.C.T.O.P.No.55 of 2020 on the file of the Motor
                     Accident Claims Tribunal, Chief Judge, Small Causes Court, Chennai.


                                    For Appellants     :    Mr.P.Cheralaadhan
                                    For R2             :    Mr.J.Michael Visuvasam

                     1/11
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                                                                                          CMA.No.1657 of 2024



                                                        JUDGMENT

The appellants are the claimants in M.A.C.T.O.P.No.55 of 2020

on the file of the Motor Accident Claims Tribunal, Chief Judge, Small

Causes Court, Chennai. They filed the claim petition under Section 166 of

the Motor Vehicles Act, 1988 and Rule 3 M.A.C.T. Rules seeking

compensation of Rs.34,00,000/- for the death of their son Sathishkumar,

who is also the brother of the third claimant in a road accident on

09.12.2019.

2. The case of the claimants in nutshell is as follows:

On 09.12.2019 at about 11.10 hours Sathishkumar (deceased)

was riding a motorcycle bearing Registration Number TN-19-Z-5083 on

Trichy - Chennai National Highway. When he was nearing

Irungundrampalli Junction, a Mini Lorry bearing Registration Number

PY-01-CT-9379 hit his motorcycle from behind, as a result of which,

Sathishkumar fell down and died on the spot.

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3. According to the claimants, the rash and negligent driving of

the driver of the Mini Lorry belonging to the first respondent was the

cause of the accident and that since the said Mini Lorry was insured with

the second respondent / Tata AIG General Insurance Company Limited,

the owner and the insurer of the Mini Lorry are jointly and severally liable

to pay compensation.

4. The first respondent remained absent before the Tribunal and

therefore, was set ex-parte. The second respondent / Tata AIG General

Insurance Company Limited contested the claim petition on all the

grounds available to the insured. The learned Chief Judge / Motor

Accident Claims Tribunal, Small Causes Court, Chennai after analysing

the evidence on record, awarded a compensation of Rs.21,50,000/-

together with interest at the rate of 7.5% per annum to the claimants. The

claim for the third appellant was dismissed. The break up of the award

passed by the Tribunal under various heads is extracted hereunder:

                                       S.No.               Head                Amount granted
                                  1.           Loss of Dependency               Rs.22,68,000/-



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                                       S.No.               Head              Amount granted
                                  2.           Loss of Estate                   Rs.15,000/-
                                  3.           Loss of Consortium               Rs.80,000/-
                                               (Rs.40,000/- (each) x 2)
                                  4.           Funeral Expenses                 Rs.15,000/-
                                  5.           Transport Charges                Rs.10,000/-
                                  Total Compensation                          Rs.23,88,000/-
                                  Less : Contributory Negligence 10%          Rs.2,38,800/-
                                  Compensation Payable (90%)                  Rs.21,49,200/-
                                                                              Rounded off to
                                                                              Rs.21,50,000/-

Not being satisfied with the quantum of compensation awarded by the

Tribunal, the claimants have filed the present appeal under Section 173 of

the Motor Vehicles Act, 1988.

5. Heard Mr.P.Cheralaadhan, learned counsel appearing for the

appellants and Mr.J.Michael Visuvasam, learned counsel appearing for

the second respondent.

6. Mr.P.Cheralaadhan, learned counsel appearing for the

appellants / claimants would contend that the deceased Sathiskumar had

actually completed his course in Bachelor of Business Administration

(B.B.A) in Nandanam Arts and Science College, Chennai and was

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searching for a job. The Tribunal fixed the notional income of the

deceased as Rs.15,000/- per month which according to him is too low and

the same should be fixed as Rs.20,000/- per month. He would further

contend that the amount awarded by the Tribunal under different heads

are meagre and prayed for enhancement of compensation. His another

contention was that even though the driver of Mini Lorry was found to be

rash and negligent, the Tribunal had deducted 10% towards contributory

negligence on the part of the deceased which is totally erroneous.

7. Per contra Mr.J.Michael Visuvasam, learned counsel

appearing for the second respondent / Tata AIG General Insurance

Company Limited contended that the Award passed by the Tribunal is

based on the well laid principles of law which were in vogue at the time

of passing of the order and therefore, the same need not be disturbed at

this stage.

8. The deceased Sathishkumar has completed Bachelor of

Business Administration (B.B.A) in Nandanam Arts and Science College,

Chennai. The accident took place on 09.12.2019. The deceased was aged

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21 years on the date of the accident. The notional income fixed by the

Tribunal at Rs.15,000/- per month is meagre and therefore, a sum of

Rs.17,000/- is taken up as notional monthly income of the deceased. As

per the decision of the Supreme Court of India in National Insurance

Co. vs. Pranay Sethi and Others reported in 2017 (2) TNMAC 601

(SC), 40% towards future prospects has to be added to this notional

income. The deceased died as a bachelor and hence, 50% is deducted

towards his personal expenses. The deceased was aged 21 years on the

date of accident and as per the decision rendered in Sarla Verma and

Others vs. Delhi Transport Corporation and another reported in

(2009) 6 SCC 121 the proper multiplier is eighteen.

Loss of Dependency :

[(Rs17,000/- + Rs.6,800/- (Rs.17,000/- of 40%) x 12 x 18 x 50%

= Rs.25,70,400/-)]

Therefore, the reworked compensation would be as follows:

S.No Description Amount awarded Amount Award by Tribunal awarded by confirmed (Rs) this Court or enhanced (Rs) or granted or reduced

1. Loss of 22,68,000 25,70,400 Enhanced

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S.No Description Amount awarded Amount Award by Tribunal awarded by confirmed (Rs) this Court or enhanced (Rs) or granted or reduced Dependency

2. Loss of Estate 15,000 15,000 confirmed

3. Loss of 80,000 80,000 confirmed Consortium (Rs.40,000/-

(each) x 2)

4. Funeral 15,000 15,000 confirmed Expenses

5. Transport 10,000 10,000 confirmed Charges Total 23,88,000 26,90,400 Enhanced by after deducting after 2,71,360 90% contributory deducting negligence, it 90% comes to contributory 21,49,200 negligence, it rounded off to comes to 21,50,000 24,21,360

9. Thus, the compensation awarded by the Tribunal is enhanced

from Rs.21,50,000/- to Rs.24,21,360/- which would carry interest at the

rate of 7.5% per annum.