Madras High Court
K.Santhiya vs C.Srirangaye on 3 January, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.No.2363 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2024
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.2363 of 2023
1.K.Santhiya
2.Kaliyammal
3.Madhavan
...Appellant
Vs
1.C.Srirangaye
2.The New India Assurance Co.Ltd.,
T.P.Hub, Bombay Mutual Building,
No.232, 6th Floor, NSC Bose Road,
Chennai 600 001.
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the compensation in the judgment and decree
dated 07.01.2023 made in MCOP.No.2456 of 2019 on the file of the Motor
Accident Claims Tribunal, Chief Small Causes Court, Chennai.
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.2363 of 2023
For Appellant : Mr.S.Devasundaram
For Respondent : R1- set ex-parte
Mr.C.Ramesh Babu for R2
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging the quantum
of compensation awarded by the Tribunal.
2. The case of the petitioner is that on 03.04.2019 at about 07:00 hours,
while one Kaali was riding a motor cyle from Chennai to Bangalore Main Road,
a lorry bearing Registration No.TN54 K 9659 came in a rash and negligent
manner and dashed the said Kaali. Due to the said accident, he was died on the
spot. At the time of accident, the deceased was aged about 34 years and he was
working as a Surveyor, whereby drawing the salary of a sum of Rs.23,009/- per
month. In this regard, the claimants had produced the salary certificate of the
deceased before this Court.
3. The grievance of the appellant is that though the deceased was drawing
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the salary for a sum of Rs.23,009/- per month, the Tribunal had only taken a
sum of Rs.20,000/- for the purpose of awarding the compensation to the
claimants under the head “loss of income”. Hence, the learned counsel for the
appellant would submit that the entire amount has to be taken for fixing notional
income of the deceased. Further, he would contend that no future prospect was
added by the Tribunal while awarded compensation on the ground that the wife
of the deceased got compassionate appointment. Hence, the present appeal.
4. In reply, the learned counsel for the respondent would submit that there
is no doubt that as per the salary certificate, the salary of the deceased is a sum
of Rs.23,009/-. However, the said amount includes the medical allowance of
Rs.300/- and house rent allowance of Rs.800/- and the same has to be deducted
while awarding the compensation. Further, he would fairly submit that as per
the law laid down by the Hon'ble Apex Court, 50% may be added to the notional
income as future prospect.
5. Heard the learned counsel for the appellants and the respondent and
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also perused the materials available on record.
6. In the present case, the respondent had rightly contended that out of the
total salary of Rs.23,009/-, the medical allowance of Rs.300/- and house rent
allowance of Rs.800/- has to be detected. Hence, after the said deduction, the
total amount of salary has to be considered for the purpose of determining
notional income will come around a sum of Rs.21,909/- (Rs.23,009 – Rs.1,100).
7. The other aspect raised by the appellant was that the future prospect
was not awarded by the Tribunal since the wife of the deceased had got
compassionate appointment.
8. As far as the above aspect is concerned, this Court is of the considered
view that the compensation has to be awarded based on the loss of income of the
deceased. Further, if he is alive, there is no necessity for his wife to go for an
employment and in such case, she will take care of the family. However, now
she has to look for someone else to take care of her family, otherwise she has to
put some extra efforts to take care of her family by herself. When such being the
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case, the approach adopted by the Tribunal in this aspect is not proper and the
same is incorrect.
9. Therefore, since at the time of accident, the deceased was aged about
34 years, this Court is inclined to grant future prospect of 50%. Hence, income
of the deceased after deduction of medical and house rent allowance is a sum of
Rs.21,909/-. By adding 50% as future prospects, the notional income would
come around:
Rs.21,909/- (income) + Rs.10,955/- (50% future prospects) = Rs.32,864/-
10. Further, 1/3 has to be deducted from the aforesaid amount towards
the personal expenses of the deceased. Hence, after deducting, it would come
around:
Rs.32,864 – (1/3) = Rs.21,909/-
11. Further, since age of the injured is 34 years, this Court is inclined to
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apply the multiplier of '16' as per the law laid down by the Hon'ble Apex Court
and the loss of income was calculated as follows:
Rs.21,909 (income) * 16(multiplier) * 12(months) = Rs.42,06,528/-.
12. Accordingly, the compensation awarded by the Tribunal is modified
as follows:
S.No. Heads Compensation Compensation
awarded by Tribunal awarded by this
(Rs.) Court (Rs.)
1 Loss of Income 25,60,000 42,06,528
2 Loss of Estate 15,000 15,000
3 Loss of Consortium 1,20,000 1,20,000
(3 person)
4 Funeral Expenses 15,000 15,000
Total Compensation is 27,10,000 43,56,528
fixed at
13. Therefore, the amount awarded by the Tribunal stands increased from
a sum of Rs.27,10,000/- to Rs.43,56,528/-. In all other aspects, the award of the
Tribunal stands confirmed.
14. In the result, this Civil Miscellaneous Appeal is allowed and the
appellant/insurance company is directed to deposit a sum of Rs.43,56,528/-
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along with interest and costs, less the amount already deposited, if any, within a
period of 8 weeks from the date of receipt of a copy of this judgment, to the
credit of MCOP.No.3456 of 2019 on the file of the Motor Accident Claims
Tribunal, Chief 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 same
proportions determined by the Court below, within a period of 3 weeks from the
deposit and from the date of receipt of the Bank details obtained for the claimant
or application for withdrawal from the claimant, whichever is earlier. No costs.
03.01.2024
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
nsa
https://www.mhc.tn.gov.in/judis
KRISHNAN RAMASAMY,J.
nsa
To:
The Motor Accident Claims Tribunal,
Chief Small Causes Court, Chennai
03.01.2024
https://www.mhc.tn.gov.in/judis
