Madras High Court
Krishna Priya vs Sudhakar on 6 August, 2024
C.M.A.(MD) Nos.601 & 602 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.08.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) Nos.601 & 602 of 2024
1.Krishna Priya
W/o.Durai
2.Subbulakshmi
W/o.Muthukumar
3.Sudalaimani
S/o.Gopal Yadav ... Appellants in
both C.M.As.
Vs.
1.Sudhakar
S/o.Arumugam
2.The New India Assurance Company Limited,
Through its Branch Manager,
No.17, Fort Main Road,
Second Floor, Shevapet,
Salem – 636 002. ... Respondents in
both C.M.As.
[R1 was set exparte before the Tribunal. Notice to R1 was
dispensed with by this Court vide common order dated
17.04.2024 passed in C.M.P.(MD) Nos.5491 & 5492 of
2024 in C.M.A.(MD) SR.No.25622 & 25623 of 2024]
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C.M.A.(MD) Nos.601 & 602 of 2024
Common Prayer:- Civil Miscellaneous Appeals filed under Section 173 of
the Motor Vehicles Act, 1988 praying to enhance the compensation
awarded by the Motor Accidents Claims Tribunal (III Additional District
Court), Tirunelveli vide its common Judgment and Decree dated
16.11.2023 in M.C.O.P.Nos.897 & 1000 of 2019.
For Appellants
in both C.M.As. : Mr.T.Selvakumaran
For R2
in both C.M.As. : Mr.B.Rajesh Saravanan
COMMON JUDGMENT
This instant Civil Miscellaneous Appeals have been filed by the
claimants seeking enhancements of compensations awarded by the Motor
Accidents Claims Tribunal (III Additional District Court), Tirunelveli
vide its common Judgment and Decree dated 16.11.2023 passed in
M.C.O.P.Nos.897 and 1000 of 2019.
2. The appellants/claimants had filed two separate claim petitions in
M.C.O.P.Nos. 897 and 1000 of 2019, one for the death of their father and
the other for the death of their mother. M.C.O.P.No.897 of 2019 [C.M.A.
(MD) No.601 of 2024] was filed for the death of the appellants' father.
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C.M.A.(MD) Nos.601 & 602 of 2024
M.C.O.P.No.1000 of 2019 [C.M.A.(MD) No.602 of 2024] was filed for
the death of the appellants mother.
3. The case of the appellants/claimants is that on 21.03.2019, at
about 01.00 a.m., the Car bearing Reg.No.TN-37-CP-3408, in which the
appellants' parents were travelling, had collided with a Stationary Lorry
bearing Reg.No.TN-30-AC-7789 which was parked by its driver in the
middle of the road without switching on the parking lights. In that
collision, the parents of the appellants/claimants died on the spot.
4. The appellants/claimants, in both the claim petitions, had
examined one witness and marked 11 exhibits. The Tribunal after taking
into consideration of the oral and documentary evidences held that the
accident took place due to the negligence of the driver of the lorry and the
second respondent Insurance Company being the insurer of the said lorry
was liable to pay the following compensations together with interest at the
rate of 7.5% per annum from the date of the claim petition till the date of
realization (excluding the period of dismissal for default if any) and
costs:-
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C.M.A.(MD) Nos.601 & 602 of 2024
Sl. C.M.A.(MD) M.C.O.P. Amount Name and Relationship of
No. No. No. the deceased person
1 601/2024 897/2019 Rs.13,41,800/- Gopal Yadav
(Father of the Appellants)
2 602/2024 1000/2019 Rs.14,00,000/- Krishnaveni
(Mother of the Appellants)
5. The learned counsel for the appellants/claimants submitted that
the notional income fixed by the Tribunal in both cases is meagre; that no
compensation was awarded under the head of 'Loss Consortium' and
sought for enhancement of the compensation.
6. The learned counsel for the second respondent Insurance
Company submitted that in the absence of any proof of income, the
Tribunal has rightly fixed the notional income for both deceased and
hence, no interference calls for.
7. This Court has carefully considered the rival submissions made
by the learned counsel for the appellants and the learned counsel for the
second respondent Insurance Company.
8. The common question in both cases is 'whether the compensation
awarded by the Tribunal is just and reasonable?'
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C.M.A.(MD) Nos.601 & 602 of 2024
9. In C.M.A.(MD) No.601 of 2024 challenging the Award in
M.C.O.P.No.601 of 2024, it is seen that the deceased was running a
Bakery. The appellants have marked Ex.P7 to show that the deceased
obtained License to run the Bakery and Ex.P8 Bank Statement of Account
of the deceased to prove his income.
10. Considering the nature of the evidences let in by the appellants
to prove the avocation and income of the deceased, this Court is of the
view that it would be just and reasonable to fix the notional income
at Rs.15,000/- per month. It is also seen that the appellants/claimants, who
are the children of the deceased, are entitled to Rs.40,000/- each towards
'Loss of Consortium', totaling to Rs.1,20,000/-. Since there are three
dependents, 1/3rd of his income has to be deducted towards personal
expenses. The multiplier applicable is 11. Thus, the appellants/claimants
would be entitled to the total compensation of Rs.16,07,000/- as
follows:-
Heads and Calculation Amount
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C.M.A.(MD) Nos.601 & 602 of 2024
Loss of Dependency:-
(Age of the deceased - 53)
Notional Monthly Income : Rs.15,000/-
Add: Future Prospects at 10%
[Rs.15,000/- x 10/100] : Rs. 1,500/-
----------------
: Rs.16,500/-
Less : Personal Expenses at 1/3rd
[16,500 x 1/3] : Rs. 5,500/-
----------------
: Rs.11,000/-
Annual contribution to the family
[Rs.11,000/- x 12] - Rs.1,32,000/-
Multiplier - 11 [1,32,000 x 11] - Rs.14,52,000/- Rs.14,52,000/-
Loss of Consortium [Rs.40,000/- x 3] Rs. 1,20,000/-
Loss of Estate Rs. 10,000/-
Funeral Expenses Rs. 15,000/-
Transportation Charges Rs. 10,000/-
Total Rs.16,07,000/-
Sl. Description Amount Amount Award
No awarded by awarded by confirmed,
the Tribunal this Court enhanced or
granted
1 Loss of Dependency Rs.13,06,800/- Rs.14,52,000/- Enhanced
2 Loss of Consortium - Rs. 1,20,000/- Granted
3 Loss of Estate Rs. 10,000/- Rs. 10,000/- Confirmed
4 Funeral Expenses Rs. 15,000/- Rs. 15,000/- Confirmed
5 Transportation Charges Rs. 10,000/- Rs. 10,000/- Confirmed
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C.M.A.(MD) Nos.601 & 602 of 2024
Total Rs.13,41,800/- Rs.16,07,000/- Enhanced by
Rs.2,65,200/-
11. As regards C.M.A.(MD) No.602 of 2024 challenging the Award
in M.C.O.P.No.1000 of 2019, it is seen that the Tribunal has fixed the
notional income at Rs.10,500/- per month even though the deceased was a
housewife. It is also seen that the notional income fixed by the Tribunal at
Rs.10,500/- per month is on the lower side. Considering the age of the
deceased and the nature of evidences let in by the appellants/claimants, it
would be just and reasonable to fix the notional income at Rs.12,500/- per
month. Since the deceased was aged 48 years at the time of death, 25%
has to be added towards future prospects. Thus, the appellants/claimants
would be entitled to the total compensation of Rs.17,79,974/- as follows:-
Heads and Calculation Amount
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C.M.A.(MD) Nos.601 & 602 of 2024
Loss of Dependency:-
(Age of the deceased - 48)
Notional Monthly Income : Rs.12,500.00
Add: Future Prospects at 25%
[Rs.12,500/- x 25/100] : Rs. 3,125.00
------------------
: Rs.15,625.00
Less : Personal Expenses at 1/3rd
[15,625 x 1/3] : Rs. 5,208.50
------------------
: Rs.10,416.50
Annual contribution to the family
[Rs.10,416.50 x 12] - Rs.1,24,998/-
Multiplier - 13 [1,24,998 x 13] - Rs.16,24,974/- Rs.16,24,974/-
Loss of Consortium [Rs.40,000/- x 3] Rs. 1,20,000/-
Loss of Estate Rs. 10,000/-
Funeral Expenses Rs. 15,000/-
Transportation Charges Rs. 10,000/-
Total Rs.17,79,974/-
Sl. Description Amount Amount Award
No awarded by awarded by confirmed,
the Tribunal this Court enhanced or
granted
1 Loss of Dependency Rs.13,65,000/- Rs.16,24,974/- Enhanced
2 Loss of Consortium - Rs. 1,20,000/- Granted
3 Loss of Estate Rs. 10,000/- Rs. 10,000/- Confirmed
4 Funeral Expenses Rs. 15,000/- Rs. 15,000/- Confirmed
5 Transportation Charges Rs. 10,000/- Rs. 10,000/- Confirmed
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C.M.A.(MD) Nos.601 & 602 of 2024
Total Rs.14,00,000/- Rs.17,79,974/- Enhanced by
Rs.3,79,974/-
12. The second respondent Insurance Company is directed to
deposit Rs.16,07,000/- [C.M.A.(MD) No.601 of 2024] and Rs.17,79,974/-
[C.M.A.(MD) No.602 of 2024] together with interest at the rate of 7.5%
per annum from the date of the claim petition till the date of realization
(excluding the period of dismissal for default if any) and costs, less the
amount already deposited, if any, within a period of 6 weeks from the date
of receipt of a copy of this order.
13. On such deposit, the appellants are entitled to withdraw the
aforesaid amount together with proportionate interest and costs, equally,
less the amount already withdrawn, if any, by filing appropriate
application before the Tribunal. The appellants are directed to pay the
necessary court fee, if any, on the enhanced amount.
14. In the result, both Civil Miscellaneous Appeals are partly
allowed. No costs.
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C.M.A.(MD) Nos.601 & 602 of 2024
06.08.2024
Index: Yes/ No
Neutral Citation: Yes / No
Speaking Order / Non-Speaking Order
JEN
Copy To:
The III Additional District Judge,
Motor Accidents Claims Tribunal,
Tirunelveli.
Issue order copy on 16.08.2024.
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C.M.A.(MD) Nos.601 & 602 of 2024
SUNDER MOHAN, J.
JEN
C.M.A.(MD) Nos.601 & 602 of 2024
06.08.2024
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