Madras High Court
Thondiammal vs M.Sampathkumar on 1 February, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.No.187 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.187 of 2024
1.Thondiammal
2.Sangeetha
3.Sowmiya
...Appellant
Vs
1.M.Sampathkumar
2.The United India Insurance Company Limited,
Silingi Building, 134/40,
42,Greams Road,
Chennai 600 006.
... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the award against the judgment and decree
dated 17.11.2022 and made in MCATOP.No.5761 of 2017 on the file of the
Motor Accident Claims Tribunal, Special Motor Accident Compensation
Claims Tribunal, Special Sub Court No.I, Motor Accidents Claims Petitions,
Small Causes Court, Chennai.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.187 of 2024
For Appellant : Ms.A.Subadra
For Respondent : Mr.D.Bhaskaran for R2
JUDGMENT
This civil miscellaneous appeal has been filed to enhance the
compensation awarded vide the judgement dated 17.11.2022 in
M.A.C.T.O.P.No.5761 of 2017.
2. The learned counsel for the appellants would submit that on
07.04.2017, while one Palaniyappan was walking in Velachery Tambaram Main
Road, a car bearing Registration No.TN-25-AK-9555 came in a rash and
negligent manner and dashed against the said Palaniyappan, due to which, he
sustained grievous injuries and died on 21.04.2017 at Government Hosptial.
Considering all the aspects the Tribunal had awarded the following
compensation:
S.No Particulars Compensation (Rs.)
1 Loss of Dependency 10,16,400
2 Loss of Consortium 1,20,000
https://www.mhc.tn.gov.in/judis
S.No Particulars Compensation (Rs.)
3 Loss of Estate 15,000
4 Funeral Expenses 15,000
Total 11,66,400
3. By referring the above compensation awarded by the Tribunal, he
would submit that at the time of accident, the deceased was earning around a
sum of Rs.15,000/-, however, the Tribunal had taken only a sum of Rs.10,000/-
as notional income of the deceased. Hence, he prays this Court to fix a sum of
Rs.15,000/- as notional income of the deceased and enhance the compensation
and to confirm the award in all other aspects.
4. In reply, though the learned counsel for the respondent had initially
objected for the enhancement of compensation, thereafter, he suggests this
Court to fix a sum of Rs.13,500/- as notional income of the deceased. The said
amount was also accepted by the learned counsel for the appellant.
5. Heard the learned counsel for the appellant and the respondent and also
perused the materials available on record.
https://www.mhc.tn.gov.in/judis
6. In view of the above, this Court is inclined to fix a sum of Rs.13,500/-
as notional income of the deceased instead of Rs.10,000/-. Hence, considering
the age of the deceased this Court is inclined to add 10% as future prospects and
apply 11 as multiplier and deduct 1/3rd towards the personal expenses of the
deceased. Accordingly, the loss of income would be calculated as follows:
Rs.13,500/- (notional income) + Rs.1,350/- (10% future prospects)
* 11 (multiplier) * 12 (months) * 2/3 (dependency) = Rs.13,06,800/-
7. Further, it appears that no amount has been awarded towards
transportation, hence, this Court is inclined to award a sum of Rs.10,000/- for
transportation.
8. Accordingly, the compensation awarded by the Tribunal is modified as
follows:
S.No Particulars Compensation Compensation
awarded by the awarded by
Tribunal this Court
(Rs.) (Rs.)
1 Loss of Dependency 10,16,400 13,06,800
2 Loss of Consortium 1,20,000 1,20,000
3 Loss of Estate 15,000 15,000
https://www.mhc.tn.gov.in/judis
S.No Particulars Compensation Compensation
awarded by the awarded by
Tribunal this Court
(Rs.) (Rs.)
4 Funeral Expenses 15,000 15,000
5 Transportation Nil 10,000
Total 11,66,400 14,66,800
9. Therefore, the amount awarded by the Tribunal is modified as a sum
of Rs.14,66,800/-. Accordingly, the award amount stands enhanced from a sum
of Rs.11,66,800/- to Rs.14,66,800/-. In all other aspects, the award of the
Tribunal stands confirmed. The compensation awarded by this Court shall be
distributed to the claimants in the following proportions:
a) to the 1st appellant/wife of the deceased – Rs.8,66,800/-;
b) to the appellants 2 and 3/children of the deceased –
Rs.3,00,000/- each;
10. In the result, this Civil Miscellaneous Appeal is partly allowed and
the respondent is directed to deposit a sum of Rs.14,66,800/- along with
interest and costs, less the amount already deposited, if any, within a period of 6
weeks from the date of receipt of a copy of this judgment, to the credit of
MCATOP.No.5761 of 2017 on the file of the Special Motor Accident
https://www.mhc.tn.gov.in/judis
Compensation Claims Tribunal, Special Sub Court No.I, Motor Accidents
Claims Petitions, Small Causes Court, Chennai. Further, the
appellants/claimants shall pay necessary Court fee, if any, on the enhanced
compensation. Thereafter, the Tribunal is directed to immediately transfer the
entire amount to the respective bank accounts of the claimants by way of RTGS,
in the proportions determined by this Court, within a period of 3 weeks from the
date of deposit and from the date of receipt of the Bank details obtained for the
claimants or application for withdrawal from the claimants, whichever is earlier.
No costs.
01.02.2024
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
nsa
To:
The Motor Accident Claims Tribunal,
Special Sub Court No.I,
Small Causes Court, Chennai.
https://www.mhc.tn.gov.in/judis
KRISHNAN RAMASAMY,J.
nsa
01.02.2024
https://www.mhc.tn.gov.in/judis
