Madras High Court
Chithra vs P.Saravanan on 2 January, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.No.1843 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2024
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.1843 of 2022
1.Chithra
2.Minor Shree Thilak,
Rep by 1st respondent/mother.
3.Minor Deepak,
Rep by 1st respondent/mother.
4.Dhanalaksmi
5.Shanmugam
...Appellant
Vs
1.P.Saravanan
2.M/s.National Insurance Company Limited,
Niresh Complex,
910, Cuddalore Main Road,
Attur Town, Salem,
Branch Office:
2nd Floor, Maruthi Complex,
F 215 Omalur Main Road,
Salem 4.
... Respondents
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1843 of 2022
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the compensation amount awarded in judgment
and decree dated 18.01.2016 made in M.C.O.P.No.1822 of 2013 on the file of
the Special District Court and Motor Accident Claims Tribunal Salem, by
allowing this civil miscellaneous appeal.
For Appellant : Mr.S.Udayakumar,
for M/s.Karan and Uday.
For Respondent : No appearance for R1
Ms.R.Sreevidya for R2
JUDGMENT
This Civil Miscellaneous Appeal has been filed to enhance the
compensation amount awarded in judgment and decree dated 18.01.2016 made
in M.C.O.P.No.1822 of 2013 on the file of the Special District Court, Motor
Accident Claims Tribunal, Salem.
2. The case of the appellant was that on 09.10.2013 at 09:45 pm, while
one Manikandan was riding his two-wheeler from Panamarathupatty Panamadal
to Edapadi, a TATA Sumo bearing Registration No.TN 72 D 8071 had came in
a rash and negligent manner and dashed against him. Thereafter, the said
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Manikandan was taken to the Hospital, however, he died during the treatment.
Hence, considering all the aspects, the Tribunal had awarded the compensation
for the family members of the deceased.
3. The learned counsel for the appellants would submit that while
awarding compensation, the Tribunal had determined the notional income of the
deceased as a sum of Rs.7,500/- and further, it had wrongly deducted the
dependency as '1/3' instead of '1/4'. He would also contend that the future
prospects of 40% has not been added to the notional income of the deceased by
the Tribunal.
4. Further, he would submit that the Tribunal had wrongly awarded a
sum of Rs.50,000/- each for the parents and wife and a sum of Rs.10,000/- each
for children of the deceased. He would also contend that no amount was
awarded towards the Transportation and Loss of Estate and with regard to the
funeral expenses only a sum of Rs.25,000/- has been awarded by the Tribunal.
Hence, he requests this Court to re-determine the compensation awarded under
the aforesaid heads as per the law laid down by the Hon'ble Apex Court.
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5. The aforesaid contentions of the appellants were also confirmed by the
learned counsel for the respondent, who appears for the Insurance Company.
6. Heard the learned counsel for the appellants and the respondents and
also perused the materials available on record.
7. In view of the above submissions, this Court is inclined to re-determine
the compensation awarded by the Tribunal. Accordingly, the future prospects of
40% has to be added to the notional income of the deceased i.e., Rs.7,500/-, and
the same has to be calculated as follows:
Rs.7,500/- (notional income) + Rs.3,000/- (40% of the income) = Rs.10,500/-
8. Since there are 5 members in the family of the deceased, out of the
aforesaid amount, 1/4 has to be deducted towards the personal expenses of the
deceased. However, the Tribunal had wrongly deducted 1/3. Hence, the notional
income would be calculated as follows:
Rs.10,500/- (income) - (1/4) = Rs.7,875/-
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9. Accordingly, the loss of income shall be calculated by applying
multiplier as '17' in the following manner:
Rs.7,875/- (income) * 12 (months) * 17 (multiplier) = Rs.16,06,500/-
10. Further, the loss of consortium for the wife (Rs.50,000/-) and loss of
love and affection for the parents (Rs.50,000/- each) and children (Rs.10,000/-
each) of the deceased, which were awarded by the Tribunal, are on higher side.
Hence, as per the law laid down by the Hon'ble Apex Court, this Court is
inclined to fix the Loss of Consortium as a sum of Rs.40,000/- and Loss of Love
and Affection as a sum of Rs.1,60,000/- (Rs.40,000/- each).
11. The Tribunal had also awarded a sum of Rs.25,000/- towards the
funeral expenses, which is on higher side. Hence, the said amount is reduced to
a sum of Rs.15,000/-. Further, since no amount was awarded under the head
“Loss of Estate” and “Transportation” by the Tribunal, this Court is inclined to
award a sum of Rs.15,000/- towards the “Loss of Estate” and a sum of
Rs.10,000/- towards “Transportation”.
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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 Funeral Expenses 25,000 15,000
2 Loss of Estate Nil 15,000
3 Transportation Nil 10,000
4 Loss of Love and 1,00,000 1,60,000
Affection (Rs.50,000/- each for (Rs.40,000/- each for
parents) parents and children)
20,000
(Rs.10,000/- each for
children)
5 Loss of Consortium 50,000 40,000
6 Loss of Income 10,20,000 16,06,500
Total Compensation is 12,15,000 18,46,500
fixed at
13. Therefore, the amount awarded by the Tribunal is modified as a sum
of Rs.18,46,500/-. Accordingly, the award amount stands increased from a sum
of Rs.12,15,000/- to Rs.18,46,500/-. In all other aspects, the award of the
Tribunal stands confirmed. It is also made clear that the increased amount will
also be awarded to the claimants in a same proportion as determined by the
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Tribunal.
14. In the result, this Civil Miscellaneous Appeal is partly allowed and the
appellant/insurance company is directed to deposit a sum of Rs.18,46,500/-
along with interest and costs, less the amount already deposited, if any, within a
period of four weeks from the date of receipt of a copy of this judgment, to the
credit of MCOP.No.1822 of 2013 on the file of the Special District Court, Motor
Accident Claims Tribunal, Salem. Upon such deposit, the Tribunal is directed to
transfer the entire amount to the respective bank accounts of the claimants, as
per the proportion determined by the Tribunal, by way of RTGS, within a period
of three weeks from the deposit or 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.
02.01.2024
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 Special District Court,
Motor Accident Claims Tribunal, Salem
02.01.2024
https://www.mhc.tn.gov.in/judis
