Madras High Court

Chandra vs Kumaravel on 19 August, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                  CMA.No.2543 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 19.08.2024

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                 C.M.A.No.2543 of 2023

                     1.Chandra
                     2.Rajendran                                             ... Appellants
                                                            vs.
                     1.Kumaravel

                     2.M/s.United India Insurance Company Limited,
                     Divisional Office,
                     1st Floor, 104-A, Ranga Building,
                     Peramanur Main Road,
                     Salem – 636 007.                                        ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the decree and judgment dated
                     01.07.2023 in M.C.O.P.No.349 of 2022 on the file of the Motor Accident
                     Claims Tribunal, Special District Judge, Salem.

                                    For Appellants     : Mr.M.R.Thangavel
                                    For R2             : Mr.D.Bhaskaran
                                                      JUDGMENT

The appellants are the claimants in M.C.O.P.No.349 of 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

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compensation of Rs.50,00,000/- for the death of their son Johnson Rabin

in a road accident that took place on 31.12.2021.

2. The brief case of the appellants / claimants is as follows :

On 31.12.2021, Johnson Rabin (deceased) was driving his

Omni Car bearing Registration Number TN-30-BL-1409 on Dindigul –

Karur Main Road. When he was nearing Ponnagoundanur Branch Road, a

lorry bearing Registration Number TN-88-Y-9163 was parked on the

main road without any indicator or signal and therefore, Johnson Rabin

rear ended the lorry resulting in his instantaneous death.

3. According to the claimants, the negligent parking of the lorry

on the road was the cause of the accident and that since the said vehicle

was insured with the second respondent, the United India Insurance

Company Limited, the owner and the insurer are jointly and severally

liable to pay compensation to them.

4. In the Tribunal the first respondent remained absent and

was set ex parte. The second respondent resisted the claim petition on all

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

Vehicles Act.

5. The Tribunal after analysing the evidence on record fixed

negligence on the part of the driver of the lorry bearing Registration

Number TN-88-Y-9163 and awarded a compensation of Rs.10,85,000/-

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 01.07.2023. The

Tribunal also held that the liability of the owner and the insurer is joint

and several.

6. Aggrieved over the quantum of compensation awarded by the

Tribunal, the appellants / claimants have filed the present appeal under

Section 173 of the Motor Vehicles Act, 1988.

7. Heard Mr.M.R.Thangavel, learned counsel appearing for the

appellants and Mr.D.Bhaskaran, learned counsel appearing for the second

respondent.

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8. Mr.M.R.Thangavel, learned counsel appearing for the

appellants contended that the deceased was a driver by profession earning

a sum of Rs.20,000/- per month. However, the Tribunal fixed monthly

notional income of the deceased as Rs.10,000/- including future prospects.

He therefore, prayed for enhancement of compensation.

9. Per contra Mr.D.Bhaskaran, learned counsel appearing for

the second respondent, the United India Insurance Company Limited

contended that the Award passed by the Tribunal is based on the 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.

10. A perusal of the course completion certificate (Ex.P8) and

transfer certificate (Ex.P9) issued by C.S.I. Polytechnic College, Salem,

shows that the deceased had completed his Diploma in Automobile

Engineering. He was also employed in Pothys Textile Shop, Salem, as a

car driver. However, no documentary evidence was adduced by the

claimants to show that the deceased was earning a sum of Rs.20,000/- per

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month as claimed by them in their claim petition. In the circumstances,

this Court is of the opinion that fixing notional monthly income of the

deceased at Rs.15,000/- 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 personal expenses. The deceased

was aged 27 years on the date of the accident and the proper multiplier to

be adopted in the instant case is 17 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.15,000/-

40% Future Prospects = Rs.21,000/-

After 1/2 deduction = Rs.10,500/-

Loss of dependency

= Rs.10,500/- x 12 x 17

= Rs.21,42,000/-

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In addition to that the claimants are entitled to Rs.80,000/- (40,000 x 2),

Rs.15,000/- and Rs.15,000/- 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.22,52,000/- ( 21,42,000 + 80,000 +

15,000 + 15,000= 22,52,000) as shown in the following tabular column.

                                       S.No.                Head           Amount granted
                                                                            by this court
                                  1.            Loss of dependency          Rs.21,42,000/-
                                  2.            Loss of consortium           Rs.80,000/-
                                                (Rs.40,000/- x 2)
                                  3.            Funeral expenses             Rs.15,000/-
                                  4.            Loss of Estate               Rs.15,000/-
                                  Total                                     Rs.22,52,000/-

11. Thus, the compensation awarded by the Tribunal is enhanced

from Rs.10,85,000/- to Rs.22,52,000/- which would carry interest at the

rate of 7.5% per annum.

12. In the result,

i. The Civil Miscellaneous Appeal is partly allowed. No costs.

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ii. The compensation awarded by the Tribunal is enhanced from

Rs.10,85,000/- to Rs.22,52,000/-.

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.