Madras High Court
Sakthi vs K.Vidyasakar on 13 August, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.2092 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.2092 of 2024
Sakthi ... Appellant
vs.
1. K.Vidyasakar
2. The Branch Manager,
United India Insurance Company Limited,
Branch Office, Door No.26-3-2054/1,
1st Floor, Savithri Nagar,
Vedayapalem, Nellore - 524 004. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award dated 22.03.2024 in
M.C.O.P.No.1291/2018 on the file of the Motor Accident Claims
Tribunal, Special District Court, Krishnagiri.
For Appellant : Mr.S.P.Yuvaraj
For R2 : Mrs.R.Rathna Thara
JUDGMENT
Challenging the quantum of compensation awarded by the
Motor Accident Claims Tribunal, Krishnagiri in M.C.O.P.No.1291/2018,
dated 22.03.2024, the appellant / claimant has filed the present appeal.
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2. The claim petition was filed by the appellant (herein) under
Section 166 of the Motor Vehicles Act, 1988 seeking compensation of
Rs.35,00,000/- before MACT, Krishnagiri, for the death of his mother
Ananthavalli, in a road accident which happened on 15.05.2018.
3. The brief case of the Appellant / claimant is as follows :
On 15.05.2018, Ananthavalli (deceased) was travelling as a
pillion rider in a two wheeler driven by her husband Madhaiyan bearing
Registration number TN-39-AF-0424, on Vaniyampadi - Bargur National
Highways. When they were nearing a wholesale coconut shop on Bargur
National Highways, a Mahindra XUV 500 car bearing Registration
number TN-02-BA-6333 belonging to the 1st respondent came in the
opposite direction and hit the two wheeler, as a result of which,
Ananthavalli fell down and died on spot.
4. According to the claimant, the rash and negligent driving of
the driver of the car bearing Registration number TN-02-BA-6333 was
the cause of the accident and that since the said vehicle was insured with
the second respondent, United India Insurance Company Limited, the
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owner and the insurer are jointly and severally liable to pay compensation
to him.
5. In the Tribunal the first respondent remained absent and was
set exparte. The second respondent resisted the claim petition on all the
grounds available to the insurer under Section 170 of the Motor Vehicles
Act.
6. The Tribunal, after analysing the evidence on record,
awarded a compensation of Rs.8,08,250/- 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 22.03.2024.
7. Aggrieved over the quantum of compensation awarded by the
Tribunal, the Appellant / claimant has filed the present appeal under
Section 173 of the Motor Vehicles Act, seeking enhancement of
compensation amount.
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8. Heard Mr.S.P.Yuvaraj, learned counsel appearing for the
Appellant and Mrs.R.Rathna Thara, learned counsel for the second
respondent.
9. Mr.S.P.Yuvaraj, learned counsel for the Appellant contended
that the deceased was aged 50 years and doing business in buying and
selling clothes, earning a sum of Rs.25,000/- per month. However, the
Tribunal had fixed a very meagre sum of Rs.7,500/-, as her monthly
notional income. He therefore prayed for enhancing the notional income
of the deceased.
10. Per contra Mrs.R.Rathna Thara, learned counsel appearing
for the 2nd 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.
11. According to the claimant, his mother was aged 50 years
and was earning a sum of Rs.25,000/- p.m., However, no income proof
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was filed. Considering the year of accident, the notional monthly income
of the deceased is fixed as Rs.12,000/-. 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, 25 % is added towards future
prospects of the deceased. Since the claimant is the only dependent, 1/2nd
of the deceased's income should be deducted towards her personal
expenses. The deceased was aged 50 years on the date of the accident and
the proper multiplier to be adopted in the instant case is 13 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.12,000/-
after adding 25% Future Prospects = Rs.15,000/-
After 1/2 deduction = Rs.7,500/-
Loss of dependency :
= Rs.7,500/- x 12 x 13
= Rs.11,70,000/-
In addition to that the claimant is entitled to Rs.40,000/-, Rs.15,000/- and
Rs.15,000/- towards Loss of Consortium, Loss of Estate and Funeral
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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.12,40,000/- ( 11,70,000 + 40,000 + 15,000 +
15,000 = 12,40,000) as shown in the following tabular column:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.11,70,000 /-
2. Loss of consortium Rs.40,000/-
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
Total Rs.12,40,000/-
12. The compensation awarded by the Tribunal is enhanced
from Rs.8,08,250/- to Rs.12,40,000/- which would carry interest at the
rate of 7.5% per annum from the date of claim petition.
13. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.8,08,250/- to Rs.12,40,000/-.
iii. The Appellant / claimant is directed to pay court fee for the
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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 liability of first respondent (owner) and the second respondent
(the United India Insurance Company Limited) is joint and several
and the second respondent is directed to deposit the enhanced
compensation amount i.e., Rs.12,40,000/- (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 /
uploading of the order to the credit of M.C.O.P.No.1291/2018 on
the file of the Motor Accident Claims Tribunal, Special District
Court, Krishnagiri.
v. On such deposit being made, the Appellant / claimant is at liberty to
withdraw the same as per the orders passed by the Tribunal after
following due process of law. No costs.
13.08.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
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R.HEMALATHA, J.
vum
To
1.The Motor Accidents Claims Tribunal,
Special District Court, Krishnagiri
2. The Branch Manager,
United India Insurance Company Limited,
Branch Office, Door No.26-3-2054/1,
1st Floor, Savithri Nagar,
Vedayapalem, Nellore - 524 004.
3.The Section Officer, VR Section,
Madras High Court, Chennai.
13.08.2024
(1/2)
https://www.mhc.tn.gov.in/judis
