Madras High Court
K.J. Mary Joby vs Tablets India Limited on 9 August, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.804 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.804 of 2023
1. K.J. Mary Joby
W/o. Late K.S. Jaganathan
2. Minor K.J. Neha Sree
D/o. Late K.S. Jaganathan
3. Minor Sai Harsha
S/o. Late K.S. Jaganathan
4. K.S. Devika
W/o. K. Subramaniam
5. K. Subramaniam,
S/o. Gangaiah Naidu ... Appellants
Minor petitioners are represented by their mother Mrs. K.J. Mary Joby
vs.
1. Tablets India Limited, having its office at
R D Building JHAVER Centre, 4th Floor,
No.72, Marshall Road, Egmore,
Chennai 600 008.
2. The TATA AIG General Insurance Company Ltd.,
Motor Third Party Claim Cell, Having its office at
No.403, 2nd Floor, Samson Towers, L.Pantheon Road,
1/11
https://www.mhc.tn.gov.in/judis
CMA.No.804 of 2023
Egmore, Chennai 600 008 ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 20.09.2022 in
M.C.O.P.No.591 of 2019 on the file of the Motor Accident Claims
Tribunal (II Additional District and Sessions Court), Tiruvallur at
Poonamallee.
For Appellants : Mr. K. Varadhakamaraj
For R1 : Mr.T.Ananthasekar
For R2 : Mr. Michael Visuvasam
JUDGMENT
The appellants are the claimants in M.C.O.P.No.591 of 2019
on the file of the Motor Accidents Claims Tribunal, II Additional District
and Sessions Judge, Tiruvallur at Poonamallee, and they filed the said
claim petition under Section 166 of the Motor Vehicles Act, seeking
compensation of Rs.60,00,000/- for the death of one K.S. Jaganathan
(husband of the first claimant, the father of the second and third claimants
and the son of the fourth and fifth claimants) in a road accident that took
place on 19.10.2019.
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2. The case of the appellants/claimants in a nutshell is as
follows:
2.1. On 19.10.2019, at about 22.00 hours, K.Jaganathan
(deceased) was travelling in a Honda Jazz car bearing Registration No.TN
01-BD-1524, owned by the first respondent, on the third main Road,
Ambattur Estate. When the car was nearing Telephone Exchange on the
same road, the driver of the car, in which the deceased was travelling,
drove the vehicle in a rash and negligent manner and hit the centre
median, as a result of which, K.S. Jaganathan sustained injuries all over
his body. He was immediately rushed to the Government Hospital,
Chennai. However, he succumbed to injuries on 24.10.2019.
2.2. According to the claimants the deceased was aged about 44
years and was working as a Sales Man in a Jewellery Shop earning a sum
of Rs.30,000/- per month. It is also their contention that the rash and
negligent driving of the driver of the first respondent's car, viz., Honda
Jazz car bearing Registration No.TN 01-BD-1524, was the cause of the
accident and that since the said vehicle was insured with the second
respondent, both of them are jointly and severally liable to pay
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compensation to them.
3. The respondents contested the claim petition by filing their
counters.
4. The Tribunal after analysing the evidence on record, directed
the second respondent to pay compensation of Rs.17,25,000/- to the
claimants together with interest at the rate of 7.5% per annum from the
date of petition till the date of realisation. Seeking to enhance the
compensation, the present appeal is filed by the claimants under Section
173 of the Motor Vehicles Act.
5. Heard Mr.K. Varadhakamaraj, learned counsel for the
appellants, Mr.T. Ananthasekar, learrned counsel for the first respondent
and Mr. J. Michael Visuvasam, learned counsel for the second respondent.
6. Mr.K. Varadhakamaraj, learned counsel appearing for the
appellants contended that the deceased was aged 44 years on the date of
accident and that all the claimants were totally dependant on his income.
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It is also his contention that the deceased was earning a sum of
Rs.30,000/- per month, but the Tribunal had fixed the notional income of
the deceased only as Rs.10,000/- per month. According to him, the
Tribunal had not fixed adequate amounts under other heads as per the
decision rendered by the Constitution Bench of the Honourable
Supreme Court of India in National Insurance Company Limited vs.
Pranay Sethi and others reported in 2017 (2) TNMAC 601. He
therefore prayed for enhancement of compensation.
7. Per contra, Mr.T. Ananthasekar, learrned counsel appearing
for the first respondent and Mr. J. Michael Visuvasam, learned counsel
appearing for the second respondent contended that the Award passed by
the Tribunal is based on the well laid down 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. It is pertinent to point out that the deceased was aged 44
years on the date of accident and according to the claimants he was the
sole bread winner of the family. He was working in a Jewellery Shop as a
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Salesman and therefore, his monthly income is fixed as Rs.15,000/-. To
this sum, 25% should be added towards future prospects as per the
decision of the Constitution Bench of the Honourable Supreme Court of
India in National Insurance Company Limited vs. Pranay Sethi and
others (cited supra). Thus, the monthly income of the deceased is fixed at
Rs.18,750/- (15,000 + 3,750 = 18750). Since the deceased had five
dependents, 1/4 should be deducted towards his personal expenses and
thus it would be a sum of Rs.14,062.50/- (18750 x 3/4 = 14,062.50). The
age of the deceased was 44 years on the date of accident and the proper
multiplier to be adopted in the instant case is 14, as per the decision in
Sarala Verma and others vs. Delhi Transport Corporation and another
reported in (2009) 6 SCC 121. Calculation for loss of dependency is
worked out here under.
Calculation :
Notional Income = Rs.18,750/-
After 1/4 deduction = Rs.14,062.50/-
Loss of dependency :
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= Rs.14,062.50 x 12 x 14
= Rs.23,62,500/-
In addition to that, as per the decision rendered by the Honourable
Supreme Court in National Insurance Company Limited Vs. Pranay
Sethi and others (cited supra), the claimants are entitled to Rs.40,000/-,
Rs.15,000/- and Rs.15,000/- towards "Loss of Consortium, Funeral
Expenses and Loss of Estate" respectively. Since there are five
dependants, a sum of Rs.2,00,000/- is granted towards loss of consortium
(40000 x 5 = 2,00,000). Thus, the claimants are entitled to a total
compensation of Rs.25,92,500/- (23,62,500 + 2,00,000 + 15,000 +
15,000= 25,92,500) which is extracted here under.
S.No. Head Amount granted
by this court (Rs.)
1. Loss of dependency 23,62,500/-
2. Loss of consortium 2,00,000/-
3. Funeral expenses 15,000/-
4. Loss of Estate 15,000/-
Total 25,92,500/-
9. Thus, the compensation awarded by the Tribunal is enhanced
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from Rs.17,25,000/- to Rs.25,92,500/- which would carry interest at the
rate of 7.5% per annum.
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced
from Rs.17,25,000/- to Rs.25,92,500/-.
(iii) The appellants / claimants are directed to pay court fee for
the enhanced compensation amount, if any, within a period of four weeks
from the date of this order and the Registry is directed to draft the decree
only after receipt of the Court fee.
(iv) The second respondent, The TATA AIG General Insurance
Company Ltd., is directed to deposit the enhanced compensation amount
i.e., Rs.25,92,500/- (less the amount already deposited) together with
interest at the rate of 7.5% per annum from the date of claim petition till
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the date of deposit within a period of four weeks from the date of receipt
of a copy of this order to the credit of M.C.O.P.No.591 of 2019 on the file
of the Motor Accident Claims Tribunal (II Additional District and Sessions
Court), Tiruvallur at Poonamallee. The ratio of apportionment made by
the Tribunal shall be kept intact.
(v) On such deposit being made, the appellants 1, 4 and 5 are at
liberty to withdraw their share as per the apportionment made by the
Tribunal after filing a proper petition for withdrawal. Since the appellants
2 and 3 are minor, their shares as per the apportionment made by the
Tribunal shall be deposited in a fixed deposit in any one of the
Nationalised banks until they attain majority and thereafter they are
entitled to receive the amount after following due process of law.
09.08.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
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1. The II Additional District and Sessions Judge,
Motor Accident Claims Tribunal, Tiruvallur at Poonamallee.
2. Tablets India Limited, having its office at
R D Building JHAVER Centre, 4th Floor,
No.72, Marshall Road, Egmore,
Chennai 600 008.
3. The TATA AIG General Insurance Company Ltd.,
Motor Third Party Claim Cell, Having its office at
No.403, 2nd Floor, Samson Towers, L.Pantheon Road,
Egmore, Chennai 600 008.
4. The Section Officer, V.R. Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
bga
09.08.2024
https://www.mhc.tn.gov.in/judis
