Madras High Court
Kavitha vs Kuppusamy on 5 January, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.No.3025 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
C.M.A.No.3025 of 2023
1.Kavitha
2.Santhi
3.Krishnan
...Appellant
Vs
1.Kuppusamy
2.The Reliance General Insurance Company Ltd.,
570, Naigaum Cross Road,
Next to Royal Industrial Estate,
Wadala (W), Mumbai 400 031.
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the order made in MCOP.No.196 of 2012 on
the file of the Motor Accident Claims Tribunal cum Sub Court, Sankari dated
28.03.2017 and for enhancement of compensation.
For Appellant : Mr.C.Kulanthaivel
For Respondent : Ms.G.Sukumari for R2
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.3025 of 2023
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 16.02.2012, while one Gopi was
standing at the left side of the road, a lorry bearing Registration No.TN-47-X-
6845 had came in a rash and negligent manner and dashed against the said
Gopi. Due to the said accident, he was died on the spot.
3. The grievance of the appellants is that the Tribunal had fixed a sum of
Rs.7,000/- as notional income of the deceased, which is on lower side and
requires enhancement. Further, the appellants had produced Ex.A.17 and 18,
wherein it has been stated that the salary of the deceased is a sum of Rs.7,200/-.
4. The learned counsel for the appellants would submit that part from the
said salary, the deceased was also receiving bonus and other incentives for every
year. However, these aspects were not at all considered by the Tribunal. Hence,
he would request this Court to re-determine the compensation awarded by the
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Tribunal.
5. In reply, the learned counsel for the respondent would fairly submit
that even if the bonus and other incentives were taken into consideration, the
salary would not be more than a sum of Rs.9,000/- per month. Therefore, she
would request this Court to fix the notional income as a sum of Rs.9,000/- per
month. Further, she would request this Court to re-determine the compensation
awarded by the Tribunal under the other heads, since the same were not
awarded as per the law laid down by the Hon'ble Apex Court.
6. Heard the learned counsel for the appellants and the respondent and
also perused the materials available on record.
7. In the present case, considering the above submissions, this Court is
inclined to fix a sum of Rs.9,000/- as notional income. By adding 50% as future
prospects, the notional income would come around:
Rs.9,000/- (income) + Rs.4,500/- (50% future prospects) = Rs.13,500/-
https://www.mhc.tn.gov.in/judis
8. Further, 1/3 has to be deducted from the aforesaid amount towards the
personal expenses of the deceased and since age of the deceased is 25 years, this
Court is inclined to apply the multiplier of '18' as per the law laid down by the
Hon'ble Apex Court and the loss of income was calculated as follows:
Rs.13,500 (income) * (2/3) (personal expenses)
* 16(multiplier) * 12(months) = Rs.19,44,000/-.
9. In the present case, it appears that the wife and parents are the legal
heirs of the deceased and the Tribunal had awarded a sum of Rs.1,50,000/-
towards the loss of love and affection, which is on higher side. Hence, this Court
is inclined to award a sum of Rs.40,000/- as loss of consortium to the wife of the
deceased and a sum of Rs.80,000/- (Rs.40,000/- each) as loss of love and
affection to the parents of the deceased. Further, the Tribunal had awarded a
sum of Rs.25,000/- towards funeral expenses, which is on higher side and no
amount was awarded for loss of estate and transportation. Hence, this Court is
inclined to award Rs.15,000/- towards funeral expenses, Rs.15,000/- towards
loss of estate and Rs.10,000/- towards transportation.
10. Accordingly, the compensation awarded by the Tribunal is modified
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as follows:
S.No. Heads Compensation Compensation
awarded by Tribunal awarded by this
(Rs.) Court (Rs.)
1 Loss of Income 14,30,000 19,44,000
2 Loss of love and 1,50,000 80,000
affection (for wife and parents) (for parents)
3 Funeral Expenses 25,000 15,000
4 Loss of Consortium Nil 40,000
(for wife)
5 Loss of Estate Nil 15,000
6 Transportation Nil 10,000
Total Compensation is 16,05,000 21,04,000
fixed at
11. Therefore, the amount awarded by the Tribunal stands increased from
a sum of Rs.16,05,000/- to Rs.21,04,000/-. In all other aspects, the award of the
Tribunal stands confirmed.
12. In the result, this Civil Miscellaneous Appeal is allowed and the 2nd
respondent/insurance company is directed to deposit a sum of Rs.21,04,000/-
along with interest at the rate of 7.5% per annum and costs, less the amount
already deposited, if any, within a period of 4 weeks from the date of receipt of a
copy of this judgment, to the credit of MCOP.No.196 of 2012 on the file of the
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Motor Accident claims Tribunal, Sub Court, Sankari. 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 following proportions:
i) a sum of Rs.15,04,000/- to the wife of the deceased; and
ii) a sum of Rs.3,00,000/- each to the parents of the deceased;
The said deposit shall be made 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.
05.01.2024
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
nsa
To:
The Motor Accident Claims Tribunal,
https://www.mhc.tn.gov.in/judis
Sub Court, Sankari.
https://www.mhc.tn.gov.in/judis
KRISHNAN RAMASAMY,J.
nsa
05.01.2024
https://www.mhc.tn.gov.in/judis
