Madras High Court
Lakshmi vs G.Mahendran on 13 August, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.2087 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.2087 of 2024
1. Lakshmi
2. Kandasamy @ Kanthasamy
3. Sudhakar
4. Amutha ... Appellants
vs.
1. G.Mahendran
2. M/s.The Oriental Insurance Co. Limited,
Having Divisional Office at Siva Complex,
II Floor No.22C, Saradha College Main Road,
Salem District. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 01.11.2023 in
M.C.O.P.No.1293/2022 on the file of the Motor Accident Claims
Tribunal, Salem.
For Appellants : Mr.R.Navaneetha Krishnan
For R2 : Mr.J.Chandran
JUDGMENT
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The appellants are the claimants in M.C.O.P.No.1293/2022 on
the file of the Motor Accident Claims Tribunal, Salem. They filed the
claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking
compensation of Rs.40,00,000/- for the death of one Palanisamy, (son of
the claimants 1 and 2 and brother of the claimants 3 and 4) in a road
accident which happened on 06.02.2022.
2. The brief case of the appellants / claimants is as follows :
On 06.02.2022, Palanisamy (deceased) was riding a two-
wheeler bearing registration number TN 30-AL-0727 on Salem-Mettur
main Road. When he was nearing Mettur R.S. old RTO office branch
Road, a speeding lorry bearing registration number TN 51-AC-9952 which
came in the opposite direction hit the two wheeler, as a result of which, he
sustained injuries all over his body. He was immediately rushed to the
Government Hospital, Mettur, from where he was referred to Government
Hospital, Salem. However, he succumbed to injuries on 07.02.2022.
3. According to the claimants, the rash and negligent driving of
the driver of the lorry bearing registration number TN 51-AC-9952 was
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the cause of the accident and that since the said lorry was insured with the
second respondent, the Oriental Insurance Company Limited, the owner
and the insurer are jointly and severally liable to pay compensation to
them.
4. The Tribunal, after analysing the evidence on record, awarded
a compensation of Rs.10,05,000/- together with interest at the rate of 7.5%
per annum from the date of petition till the date of realisation, vide its
orders dated 01.11.2023.
5. Aggrieved over the quantum of compensation awarded passed
by the Tribunal, the appellants / claimants have filed the present appeal
under Section 173 of the Motor Vehicles Act.
6. Heard Mr.R.Navaneetha Krishnan, learned counsel appearing
for the appellants and Mr.J.Chandran, learned counsel for the second
respondent.
7. Mr.R.Navaneetha Krishnan, learned counsel appearing for the
appellants contended that the deceased was an electrician, aged about 39
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years on the date of the accident, earning Rs.30,000/- per month.
However, the Tribunal had fixed a very meagre sum of Rs.10,000/-
including the future prospects, as his monthly notional income. He
therefore prayed for enhancing the notional income of the deceased.
8. Per contra Mr.J.Chandran, learned counsel appearing for the
respondent, contended that the Award passed by the Tribunal is based on
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.
9. In the claim petition, it is contended that the deceased was
aged 39 years and was an electrician. The Tribunal fixed the notional
monthly income of the deceased as Rs.10,000/- including future prospects.
It is pertinent to point out that the accident took place in the year 2022 and
in the facts and circumstances, this Court is of the opinion that fixing
notional monthly income of the deceased at Rs.16,000/- would meet the
ends of justice. 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, 40% is added towards future prospects of the deceased. The
deceased died as a bachelor and hence, 50% is deducted towards his
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personal expenses. The deceased was aged 39 years on the date of the
accident and the proper multiplier to be adopted in the instant case is 15 as
per the decision rendered in Sarla Verma and others vs. Delhi Transport
Corporation and another reported in (2009) 6 SCC 121.
Calculation :
Notional Income = Rs.16,000/-
after adding 40% Future Prospects = Rs.22,400/-
After 1/2 deduction = Rs.11,200/-
Loss of dependency :
= Rs.11,200/- x 12 x 15
= Rs.20,16,000/-
In addition to that the claimants are entitled to Rs.1,76,000/- (44,000/-x 4),
Rs.16,500/- and Rs.16,500/- for Loss of Consortium, Loss of Estate and
Funeral Expenses respectively as per the decision in National Insurance
Co. vs Pranay sethi and others (cited supra). Thus, the claimants are
entitled to a total compensation of Rs.22,25,000/- (20,16,000 + 1,76,000
+ 16,500 + 16,500 = 22,25,000) as shown in the following tabular column:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.20,16,000 /-
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S.No. Head Amount granted
by this court
2. Loss of consortium Rs.1,76,000/-
(Rs.44,000/- x 4)
3. Funeral expenses Rs.16,500/-
4. Loss of Estate Rs.16,500/-
Total Rs.22,25,000/-
10. The compensation awarded by the Tribunal is enhanced
from Rs.10,05,000/- to Rs.22,25,000/- which would carry interest at the
rate of 7.5% per annum.
11. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.10,05,000/- to Rs.22,25,000/-.
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 first respondent / owner and the second respondent / the
Oriental Insurance Company Limited are directed to deposit the
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enhanced compensation amount i.e., Rs.22,25,000/- jointly and
severally (less the amount already deposited) together with interest
at the rate of 7.5% per annum from the date of claim petition till 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.1293/2022 on the file of the Motor Accident Claims
Tribunal, Special District Judge, Salem.
v. On such deposit being made, the appellants / claimants are at liberty
to withdraw the same as per the orders passed by the Tribunal after
following due process of law. The ratio of apportionment made by
the Tribunal shall be kept intact. No costs.
13.08.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
1.The Motor Accidents Claims Tribunal,
Special District Judge, Salem
2. M/s.The Oriental Insurance Co. Limited,
https://www.mhc.tn.gov.in/judis
Having Divisional Office at Siva Complex,
II Floor No.22C, Saradha College Main Road,
Salem District.
3.The Section Officer, VR Section,
Madras High Court, Chennai.
13.08.2024
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