Madras High Court
Vijaya vs Sunil Yadhav on 3 January, 2024
C.M.A.No.1905 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1905 of 2021
1.Vijaya, aged about 38 years
W/o.Meganathan
2.Vijayakumar, aged about 24 years
S/o.Meganathan
3.Ammu, aged about 22 years
W/o.Saravanan
4.Ajithkumar, aged about 18 years
S/o.Meganathan
All are residing at
Pillaiyar Kovil Street
Thurinjapuram Colony
Thurinjapuram Post
Thiruvannamalai Taluk ... Appellants
Vs.
1.Sunil Yadhav
No.821, Parti, Schme
114, Indore District
Madhyapradesh State 452 001
(Since R1 remained exparte before the Tribunal
its presence may be dispensed with)
2.Divisional Manager
National Insurance Company Limited
No.9, Infantry Road
First Floor
Near Alankar Theatre
Vellore 1. ... Respondents
1/8
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C.M.A.No.1905 of 2021
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the
Judgment and Decree dated 13.01.2020 made in MACTOP.No.223/2017 on the
file of the Motor Accident Claims Tribunal, the Special Sub Court,
Tiruvannamalai.
For Appellants : Ms.M.Malar
For Respondents : Mr.P.Sankaranarayanan (for R2)
JUDGMENT
The Appeal has been filed against the Judgment and Decree dated
13.01.2020 made in MACTOP.No.223/2017 on the file of the Motor Accident
Claims Tribunal, the Special Sub Court, Tiruvannamalai.
2.The claim Petitioners are the Appellants herein and they filed this
Appeal, seeking enhancement of compensation awarded in MCOP.No.223 of
2017 by the Special Sub Court, Tiruvannamalai. For the sake of convenience,
the parties are referred to as per their ranking before the trial Court.
3.The legal representatives of the deceased Meganathan filed
MCOP.No.223 of 2017, seeking compensation and filed this Appeal on the
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point of quantum.
4.The factum of the accident, manner of the accident, rash and negligent
driving on the part of the driver of the 1st Respondent's vehicle, insured with the
2nd Respondent are not under challenge in this Appeal. Accordingly, the finding
rendered by the trial Court that the accident taken place due to the rash and
negligent driving of the driver of the 1st Respondent's vehicle, insured with the
2nd Respondent are hereby confirmed.
5.During the trial, on the side of the claim Petitioners, PW1 & PW2 were
examined & Ex.P.1 to Ex.P.6 were marked and on the side of the Respondents,
none was examined no document was marked.
6.Heard the learned counsel appearing on behalf of the claim Petitioners
and the learned counsel appearing on behalf of the Insurance Company.
7.At the time of the accident the deceased was aged 48 years and
accordingly multiplier “13” was rightly applied by the Tribunal. The date of the
accident is 29.09.2016. As per the oral evidence of PW1, who is the widow of
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deceased (Meganathan), the deceased is said to have been employed as Water
Tank Operator and he was also doing agriculture and earned a sum of
Rs.10,000/- per month. However, no independent witness was examined to
substantiate the same and the Tribunal has fixed the notional income of
Rs.7,500/- per month and considering the number of dependants (i.e.,) 4, 1/3rd
deduction was made, for future prospects 25% was added to the notional
income by the Tribunal.
8.Taking into consideration the nature of avocation of the deceased, this
Court is of the considered view that notional income may by fixed at Rs.8,500/-
per month. Accordingly, notional income of the deceased is fixed at Rs.8,500/-
per month. After adding 25% towards future prospects, monthly income comes
to Rs.10,625/- (Rs.8,500/- + Rs.2,125/-). Since the dependants are 4 in
number, ¼th has to be deducted towards personal expenses of the deceased, and
hence, the pecuniary loss sustained by the claim Petitioners are re-assessed as
follows:
Rs.10,625/- x 12 x 13 x ¾ =Rs.12,43,125/-
9.The 1st claim Petitioner as the wife of the deceased is entitled for
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Rs.40,000/- towards loss of consortium. The claim Petitioners 2 to 4, who are
the sons and daughter of the deceased are entitled for Rs.40,000/- each towards
loss of love and affection. The Tribunal has awarded a sum of Rs.15,000/-
towards loss of estate, Rs.15,000/- towards funeral expenses, which are just and
proper and the same are hereby confirmed.
S.No. Head Amount (Rs.)
1 Pecuniary loss 1243125
2 Loss of consortium 40000
3 Loss Love and affection 120000
4 Funeral expenses 15000
5 Loss of Estate 15000
Total Compensation 1433125
Rounded off to 1433000
In total, the claim Petitioners are entitled to a sum of Rs.14,33,000/- (Rupees
fourteen lakh and thirty three thousand only).
10.In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the
compensation from Rs.12,56,836/- to Rs.14,33,000/- to the extent indicated
above with 7.5% interest per annum. No Costs.
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(ii) the Insurance Company is directed to deposit the enhanced award amount,
with interest and costs before the Tribunal, within a period of eight weeks from
the date of receipt of a copy of this order.
(iii) on such deposit being made, all the claim Petitioners/Appellants are entitled
to get their share in the enhanced award amount, as per the ratio of
apportionment made by the Tribunal. The claim Petitioners are permitted to
withdraw their entire share with proportionate interest and costs, less the award
amount already withdrawn, if any, by filing necessary application before the
Tribunal.
(iv) the claim Petitioners are directed to pay the court fee, if any, for the
enhanced compensation amount and the Registry is directed to draft the decree
only after the receipt of Court fee.
03.01.2024
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
To
The Presiding Officer
Special Sub Court
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Motor Accident Claims Tribunal
Tiruvannamalai.
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RMT.TEEKAA RAMAN.J,
sai
Dated: 03.01.2024
https://www.mhc.tn.gov.in/judis
