Madras High Court

Nandini vs M/S Poppys Art on 7 August, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                    CMA.No.939 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 07.08.2024

                                                            CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                    C.M.A.No.939 of 2023

                     Nandini                                             ... Appellant
                                                              vs.

                     1. M/s Poppys Art,
                     S.F.No.261, Karaioudur Village,
                     Kuppandampalayam,
                     Veerapandi Post, Tiruppur

                     2.M/s United India Insurance Company Limited
                     No.139, C.G. Complex, Kumaran Road,
                     Tiruppur                                  ... Respondents




                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 to modify the decree and judgment dated
                     01.08.2022 passed in M.C.O.P.No.1268 of 2019 on the file of Presiding
                     Officer, Exclusive Motor Accident Claims Tribunal at Tiruppur


                                    For Appellant       :    Mr.K. Myilsamy

                                    For Respondent-1 :       No appearance
                                    For Respondent-2 :       M/s.R. Sree Vidhya



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                                                                                     CMA.No.939 of 2023

                                                    JUDGMENT

The appellant is the claimant in M.C.O.P.No.1268 of 2019 on

the file of the Motor Accident Claims Tribunal at Tiruppur and she filed

the said claim petition under Section 166 of the Motor Vehicles Act,

seeking compensation of Rs.50,00,000/- for the death of her

husband/Sundaravadivelu, in a road accident that took place on

29.05.2019.

2.The brief case of the appellant / claimant is as follows :

On 29.05.2019, Sundaravadivelu (deceased) was riding his two

wheeler bearing Registration No.TN-39-CY-4003 on Coimbatore-Erode

road. When he was nearing Mahalakshmi Fancy stores on the same road,

an Eicher Van bearing Registration No.TN-39-AC-4466 belonging to the

first respondent and insured with the second respondent/United India

Insurance Company Limited hit the two wheeler, as a result of which

Sundaravadivelu fell down and sustained injuries. He was rushed to

Government Hospital, Avinashi, but succumbed to injuries on the same

day.

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

the driver of the Eicher van bearing Registration No. TN-39-AC-4466

was the cause for the accident and since the said vehicle was insured with

the second respondent/The United India Insurance Company Limited, the

owner of the vehicle/first respondent and the insurer of the Eicher van 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 contested the petition

on all the grounds available to the insurer under Section 170 of the Motor

Vehicles Act.

5.The Tribunal, after analysing the evidence on record awarded

a compensation of Rs.2,02,648/- to the present appellant together with

interest at the rate of 7.5% per annum from the date of petition till the date

of realization. Aggrieved over the quantum of compensation awarded by

the Tribunal, the present appeal has been filed by the wife of the deceased.

6. Heard Mr. K. Myilsamy, learned counsel appearing for the

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appellant and Mrs.Sree Vidhya, learned counsel appearing for the second

respondent.

7. Mr.K. Myilsamy, learned counsel for the appellant contended

that the deceased was receiving a monthly pension of Rs.3,076/- and was

also working as a agricultural labourer and also took up part time job in

Co-operative Society from where he retired from the services. According to

him, the deceased was earning a sum of Rs. 25,000/-per month. But, the

Tribunal without taking this aspect into consideration, had fixed the

income of the deceased only based on the pension amount which is

Rs.3,076/- per month.

8.Per Contra, the learned counsel for the second

respondent/Insurance Company contended that the Trial Court had rightly

fixed the income of the deceased at Rs.3,076/- which is the actual pension

amount and therefore, there is no reason to interfere with the quantum of

compensation awarded by the Tribunal.

9. In the claim petition, the present appellant/claimant had

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mentioned that the deceased was a labourer and also took up a part time

job in the Co-operative society from where he retired on attaining

superannuation. According to the claimant her husband was earning a

sum of Rs.25,000/- per month. It is true that no evidence was adduced by

the appellant to substantiate her contention in this regard. However, it is

seen from the records that the age of the deceased on the date of the

accident is 59 years as is evidenced from the Post Mortem certificate and

Aadhar Card. Therefore, he would have definitely taken up a job post

retirement. It is quite common that retired officials take up sundry work

and assist their ex-colleagues in the same office. They are also duly

compensated. Apart from that he was working as an agricultural labourer.

In the facts and circumstances of the case, this Court is of the opinion that

fixing a sum of Rs.9,000/- as monthly income of the deceased would meet

the ends of justice. The deceased was aged 59 years on the date of the

accident and therefore, he is entitled to get future prospects at the rate of

10% as per the decision in National Insurance Co. vs Pranay sethi and

others reported in 2017 (2) TNMAC 601. Hence, the monthly income of

the deceased is fixed at Rs.9,900/-(Rs.9,000+Rs.900). Since the appellant

is the only legal heir of the deceased, 50% should be deducted towards

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personal expenses of the deceased. The age of the victim was 59 years on

the date of the accident and therefore, the proper multiplier to be adopted

in the instant case is '9' as per the decision rendered in Sarla Verma and

others vs. Delhi Transport Corporation and another reported in (2009)

6 SCC 121.

Calculation :

Monthly income of the deceased = Rs.9,900/-

Annual Loss of income:

= Rs.9,900/- x 12 x 9

= Rs.10,69,200/-

After 1/2 deduction towards personal expenses

=Rs.5,34,600/-

In addition to that, as per the decision rendered by the Constitution Bench

of the Honourable Supreme Court in National Insurance Company

Limited Vs. Pranay Sethi and others reported in 2017 (2) TNMAC 601,

the claimant is entitled to Rs.40,000/-, Rs.15,000 and Rs.15,000/- towards

Loss of Consortium, Funeral Expenses and Loss of Estate respectively.

Thus, the claimant is entitled to a total compensation of Rs.6,04,600/- as

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furnished below in the tabular column.

                                       S.No.             Head       Amount granted by this court
                                  1.            Loss of Income      Rs.5,34,600 /-
                                  2.            Loss             of Rs.40,000/-
                                                consortium
                                  3.            Funeral expenses Rs.15,000/-
                                  4.            Loss of Estate      Rs.15,000/-
                                                 Total              Rs.6,04,600 /- rounded off to
                                                                    Rs.6,05,000/-

10. Thus, the compensation awarded by the Tribunal is

enhanced from Rs.2,02,648/- to Rs.6,05,000/- which would carry interest

at the rate of 7.5% per annum.