Madras High Court
Nagamani Devi vs Balasubramaniyan on 4 January, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.No.1333 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2024
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.1333 of 2022
1.Nagamani Devi
2.J.Kanda Monoharan
3.J.Vijayakumar
4.J.Muthukumar ...Appellants
Vs.
1.Balasubramaniyan
2.The United India Insurance Company,
Having Branch at No.50-A,
Pallivasal Street, Perambalur ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the compensation amount made in judgment and
decree dated 19.01.2022 made in M.C.O.P.No.357 of 2017 on the file of the
Motor Accident Claims Tribunal and Principal District Judge, Perambalur by
allowing this Civil Miscellaneous Appeal.
For Appellants : Mr.S.P.Yuvaraj
For R1 : No appearance
For R2 : Mr.J.Chandran
1/8
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C.M.A.No.1333 of 2022
JUDGMENT
Challenge made in this Civil Miscellaneous Appeal is against the
quantum of compensation awarded by the Motor Accident Claims Tribunal and
Principal District Judge, Perambalur in M.C.O.P.No.357 of 2017.
2. The Tribunal has awarded the compensation as under:-
Annual Income =Rs.36,462 + 10,939 (30% future
prospects) x 12 = Rs.5,68,812/-
After Deducting 1/3rd = Rs.3,79,208/-
Applying Multiplier = Rs.3,79,208 x 7 = Rs.26,54,456/-
Loss of Dependency =Rs.26,54,456/-
Loss of Estate =Rs.15,000/-
Funeral Expenses =Rs.15,000/-
Total Rs.26,84,456/-
3. The learned counsel appearing for the appellants would submit that
the Tribunal while determining the annual income of the deceased, has rightly
taken the income, a sum of Rs.36,462/- + 30% future prospects per month.
However, while applying the multiplier, the Tribunal applied the multiplier of
'7'. The Tribunal fixed the age as 46 years. For the age group of 46 years, the
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right multiplier is '13'. The said aspect also confirmed by the learned counsel
appearing for the Insurance Company before this Court.
4. Apart from the above, the learned counsel submits that the Tribunal
has not awarded any amount to the mother of the deceased, who is the first
claimant/1st appellant herein, towards love and affection. Apart from that no
amount was awarded against the transportation charges. Therefore, he pleaded
before this Court to modify the award passed by the Tribunal.
5. The learned counsel appearing for the second respondent/Insurance
Company fairly submits that the multiplier applicable in the present case is '13'
as contended by the learned counsel for the appellants and he submits that no
amount was awarded for love and affection for mother and also no amount was
awarded for transportation. Therefore, he submits that a suitable amount may be
awarded under the said head. With regard to other heads, he submits that the
same may be confirmed.
6. I have heard the learned counsel appearing for the Claimants as
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well as the Insurance Company and also perused the materials available on
record.
7. In the present case, the accident occurred on 12.02.2017 and the
date of birth of the deceased was 20.06.1971. Therefore, at the time of the
accident, the age of the deceased was 45 years and 7 months and therefore, the
multiplier applicable in the present case as rightly contended by the learned
counsel for the respondent is '13'. Though, the Tribunal had correctly arrived at
a sum of Rs.5,68,812/- towards yearly income plus future prospects, but
committed a mistake in application of the multiplier and they have rightly
deducted 1/3rd towards personal expenditure of the deceased. After deducting
1/3rd, loss of income per month would be a sum of Rs.3,79,208/-. So by
applying the multiplier of '13', the loss of income would be a sum of
Rs.49,29,704/-. At the time of death, the deceased was married. It is to be noted
that both the wife and two children had also passed away in the accident and
therefore, he cannot be taken as an independent person. The 1/3rd deduction is
just and fair and therefore, I do not find any substance in the submission made
by the learned counsel for the respondent.
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8. Admittedly, no amount was awarded towards love and affection to
the mother. Therefore, this Court is inclined to award a sum of Rs.40,000/- for
love and affection to the mother. Further, no amount was awarded towards
transportation. Therefore, this Court is inclined to award a sum of Rs.10,000/-
for transportation. Accordingly, the award of the Tribunal is modified as
follows:
S.No Heads Compensation Compensation
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1 Loss of Dependency 26,54,456 49,29,704
2 Loss of love and Nil
affection to the
mother 40000
3 Transportation Nil 10,000
4 Loss of Estate 15000 20000
5 Funeral Expenses 15000 20000
Total 29,84,456 50,19,704
Therefore, the award of the Tribunal is enhanced from 26,84,456/- to
Rs.50,19,704/-.
9. The award amount shall be apportioned to the claimants as below:
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First claimant (mother) Rs.41,19,704/- and the claimants 2 to 4
(brothers) each Rs.3,00,000/-. The claimants are permitted to withdraw the
award amount as per the proportion mentioned above.
10. In the result, this Civil Miscellaneous Appeal is partly allowed and
the second respondent/Insurance Company is directed to deposit the entire
compensation amount as determined before this Court, after deducting the
amount if any already deposited before the Tribunal along with interest at the
rate of 7.5%, thereof within a period of eight weeks from the date of receipt of
a copy of this judgment, to the credit of M.C.O.P.No.359 of 2017 on the file of
the Motor Accident Claims Tribunal and Principal District Judge, Perambalur.
The Tribunal is directed to transfer the entire amount to the respective claimants
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 claimants or application for
withdrawal from the claimants, whichever is earlier. The claimants are directed
to pay the Court fee if any payable. Consequently, the connected miscellaneous
petition is also closed. No costs.
04.01.2024
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Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
rpl
To:
Motor Accident Claims Tribunal and Principal District Judge, Perambalur
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KRISHNAN RAMASAMY,J.
rpl
04.01.2024
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