Madras High Court

Shashikala vs M/S.Avis Ergonomics on 1 February, 2024

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                             C.M.A.No.2379 of 2022

                                       IN THE HIGH OF JUDICATURE AT MADRAS

                                                    DATED : 01.02.2024

                                                           Coram
                                      The Hon'ble Mr.Justice Krishnan Ramasamy

                                                   C.M.A.No.2379 of 2022

                     1. Shashikala
                     2. Nagaraj
                     3. Venkatamma
                                                                                     ... Appellants


                                                             Vs.
                     1. M/s.Avis Ergonomics,
                        No.860/861, Krishna Nivas,
                        Chettipalayam Road,
                        Eachanari, Coimbatore- 641 021.

                     2. The Branch Manager,
                        New India Assurance Co. Ltd.,
                        Coimbatore City Branch,
                        799-D, 1st Floor, Mettupalayam Road,
                        Near Shanmuga Theatre, Flower Market,
                        Coimbatore – 641 002.                                       ...Respondents



                                  Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988 against the judgment and decree dated 02.09.2021 made
                     in M.C.O.P.No.828 of 2020, on the file of the Motor Accident Claims
                     Tribunal/Special District Court, Krishnagiri.


                     1/10


https://www.mhc.tn.gov.in/judis
                                                                             C.M.A.No.2379 of 2022

                                       For Appellant   : Mr.S.P.Yuaraj

                                       Respondent-1     : No appearance

                                       For Respondent-2 : Mrs.S.R.Sumathy


                                                       JUDGEMENT

Questioning the quantum of compensation awarded by the

Tribunal, the present Appeal has been preferred by the appellants/claimants.

2. On 28.04.2019 at about 21.15 hours, when the deceased

Ramesh was travelling as a pillion rider in a Motor Cycle, viz., Bajaj Pulsar

bearing Registration No.TN-70-Y-8032, ridden by one Vinothkumar, on the

left side of the road near Green Tech Towers, at Ring Road from

R.C.Church Ring Road to Rayakottai Road in Hosur, Eicher Vehicle,

bearing Registration No.TN-99-E-8505 driven by its driver in a rash and

negligent manner, came in the opposite direction and dashed the Motorcycle,

due to the said accident, both the rider and the pillion rider sustained

grievious injuries. Since the pillion rider, viz., the deceased sustained fatal

injuries, despite treatment, succumbed to death. Hence, the claimants,

being mother, father and grandfather of the deceased filed a Claim Petition

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seeking a sum of Rs.40,00,000/- as compensation.

3. The Tribunal, on consideration of oral and documentary evidence

held that the accident occurred due to rash and negligence on the part of the

Driver of the first respondent's Vehicle, Eicher and hence, directed the

second respondent/Assurance Company to pay a compensation of

Rs.15,47,988/- to the claimants together with interest at the rate of 7.5% p.a.

from the date of filing of the Petition and till the date of deposit.

4. Not being satisfied with the quantum of compensation awarded

passed by the Tribunal, the appellants/claimants have filed the present

appeal seeking for enhancement of compensation.

5. As the present Appeal is filed only questioning the quantum of

compensation awarded by the Tribunal, this Court is not traversing into the

other aspects of the award passed by the Tribunal.

6. Mr.S.P.Yuaraj, learned counsel appearing on behalf of

https://www.mhc.tn.gov.in/judis

appellants/claimants submitted that the Tribunal, while determining the

compensation towards 'Loss of Dependency', fixed the notional monthly

income of the deceased at Rs.9,000/- which is meager. The learned counsel

would submit that at the time of the accident, the deceased was aged about

25 years, Self Employed (Artists); earning Rs.35,000/- per month, and

unmarried leaving behind him his parents and grandmother as dependants,

whereas, the Tribunal, in the absence of income proof, fixed the notional

income of the deceased only at Rs.9,000/-, which has resulted in awarding

inadequate compensation under the said head. The learned counsel further

submitted that this Court, in number of cases, where, there is no income

proof, used to fix notional monthly income depending on the nature of

occupation of the deceased by following the law down by the Hon'ble

Supreme Court in the Syed Sadiq Vs. United India Insurance Company,

reported in 2014 (1) TNMAC 459 (SC) and hence, payed, the some

reasonable amount may be fixed as notional monthly income of the deceased

in the present case as well.

7. Despite service of notice on the first respondent, viz., the owner

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of the offending vehicle and their name is printed in the cause list, none has

appeared on their behalf. Hence, the first respondent is set ex parte.

8. Ms.S.R.Sumathy, learned counsel for the second

respondent/Assurance Company submitted that the award passed by the

Tribunal is just and fair and requires no interference.

9. Heard the learned counsel for the appellant/claimant and the

learned counsel for the 2nd respondent/Assurance Company and perused the

materials on record.

10. As rightly pointed out by the learned counsel appearing for the

appellants, this Court, following the ratio deidendi by the Hon'ble Supreme

Court, in the case of Syed Sadiq (cited supra) wherein, the Honourable

Supreme Court even for a vegetable vendor, who sustained injuries in the

accident occurred in the year 2008, fixed the notional monthly income at

Rs.6,500/- has in fact, disposed of number of cases, by fixing the reasonable

amount towards the notional income of the deceased on case to case basis

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depending on the nature of avocation of the deceased, is of the view, it

would be appropriate to fix a sum of Rs.14,000/- as notional monthly

income of the deceased, as in the present case, the deceased was aged about

25 y ears at the time of the accident, i.e.2019, doing Job work on Arts, i.e to

write Name Boards, Sign Boards and Banners and as an Artists he would

have perhaps earned the said income per month. Thus, by fixing the

notional monthly income of the deceased at Rs.14,000/-; adding 40%

towards future prospects; deducting 50% towards his personal expenses

(since the deceased was a Bachelor) and by applying right multiplier of '18'

(since the deceased was aged 25 years), the compensation towards Loss of

Dependency is calculated as under:-

Notional Monthly income + 40% future prospects (i.e. Rs.14,000/- + Rs.5,600) = Rs.19,600/-

                                  (Deduction of 1/2 x           (Multiplier of '18')
                                   towards personal expenses)
                                  9,800/- x ½ x 12 x 18         = Rs.21,16,800/-

10.1 Consequently, the sum of Rs.13,60,800/- awarded by the

Tribunal under the head of 'Loss of Dependency' is hereby modified and

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enhanced to Rs.21,16,800/-.

10.2 Insofar as the compensation awarded by the Tribunal under all

other heads are concerned, this Court finds the same to be just and proper

and is hereby confirmed.

10.3. Thus, the total compensation payable to the appellants/claimants

under various Heads is as hereunder:-

                                     S.N                   Head                Amount granted
                                      o
                                            Loss of Dependency                     Rs.21,16,800/-
                                        1                                      .
                                        2 Loss of Estate                           Rs. 15,000/-
                                        3 Funeral Expenses                         Rs. 15,000/-
                                          Filial Consortium (father & mother       Rs. 1,00,000/-
                                        4 +grandmother)
                                        5 Medical Bills                            Rs. 50,188/-
                                        6 Ambulance Bill                           Rs.7,000/-
                                               Total                           Rs.23,03,988/-
                                                                               rounded off to
                                                                               Rs.23,04,000/-

11. Consequently, the total compensation amount of Rs.15,47,988/-

awarded by the Tribunal is hereby modified and enhanced to

Rs.23,04,000/-, which shall carry interest at the rate of 7.5% per annum

https://www.mhc.tn.gov.in/judis

from the date of claim petition till the date of deposit, out of which, first

appellant, the mother of the deceased is entitled to a sum of Rs.12,00,000/-

together with proportionate interest; second appellant, father of the deceased

is entitled to Rs.10,00,000/- and third appellant, grandmother of the

deceased is entitled to a sum of Rs.1,04,000/-.

12. In the result, this Civil Miscellaneous Appeal filed by the

appellants/claimants is partly allowed on the following terms:-

(i) The second respondent, Assurance Company is directed to

deposit the entire amount awarded by this Court equally along with interest

at the rate of 7.5 % p.a. and costs before the Tribunal within a period of six

weeks from the date of receipt of a copy of this judgment, after deducting

the amount already deposited, if any.

(ii) On such deposit being made by the second respondent/Assurance

Company, the Tribunal shall transfer the amount directly to the claimants'

respective bank accounts through RTGS within a period of three weeks

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thereon.

(iii) The appellants/claimants are entitled to withdraw the entire

award amount, less the amount already withdrawn, if any, by making

necessary application before the Tribunal.