Madras High Court

Deivasigamani vs Devakumar on 4 November, 2024

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                   C.M.A.No.856 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 04.11.2024

                                                          CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                  C.M.A.No.856 of 2020

                     1.Deivasigamani
                     2.Selvam
                     3.D.Mallika
                     4.D.Sathya                                               ... Appellants

                                                             Vs.

                     1.Devakumar
                     2.N.Kandasamy

                     3.Chola Mandalam MS General
                       Insurance Company Limited,
                       Dare House, 2nd Floor,
                       No.2, N.S.C.Bose Road,
                       Chennai 600 001.                                       ... Respondents


                     Prayer:
                                  Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the judgment and award of the Learned
                     Motor        Accidents   Claims   Tribunal    (First   Additional   Court)   Erode
                     M.C.O.P.No.403 of 2011 dated 31.07.2013.

                                      For Appellants   : Mr.A.K.Kumarasamy

                                      For Respondents : R1 – NRN
                                                        R2 – No Appearance
                                                        Mrs.R.Sreevidhya for R3



                     1/8

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                                                                                      C.M.A.No.856 of 2020




                                                        JUDGMENT

This appeal has been filed by the appellants/ claimants

challenging the judgment and decree passed in M.C.O.P.No.403 of

2011 dated 31.07.2013 on the file of the Motor Accidents Claims

Tribunal (First Additional Court) Erode.

2.The learned counsel appearing for the appellants submitted

that on 19.03.2011 at about 4.30 p.m., the deceased Thirunavukarasu

was riding as a pillion rider in the motor cycle bearing Registration

No.TN 56 A 7930 driven by his friend Ranjithkumar in Villarasampatti

to Kaniravutharkulam Road at Ellapalayam. At that time, the driver of

the lorry bearing Registration No.TN 29 AA 3556 came in the opposite

direction in a rash and negligent manner and dashed against the

motorcycle, due to which, he died on the spot.

3.The learned counsel appearing for the appellants further

submitted that thereafter, the parents and sisters of the deceased

Thirunavukarasu/ appellants/ claimants filed claim petition before the

Motor Accidents Claims Tribunal, claiming a sum of Rs.21 Lakhs as

compensation for the death of Thirunavukarasu. After adjudication,

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the Tribunal awarded a sum of Rs.7,20,000/- as compensation along

with interest at the rate of 7.5% per annum from 27.04.2011, the date

of filing of the petition till the date of realization with proportionate

costs and directed the third respondent to deposit the compensation.

Aggrieved by the same, the claimants have preferred this appeal

seeking enhancement in compensation.

4.The learned counsel appearing for the appellants further

submitted that the deceased was 23 years at the time of accident and

he had just completed B.Sc., M.B.A. Course at Suriya Engineering

College. The learned counsel further submitted that the third

respondent did not dispute the negligence aspect and further

submitted that the Tribunal ought to have fixed the notional monthly

income of the deceased as Rs.9,000/- per month, however, the

Tribunal fixed the notional monthly income of the deceased as

Rs.7,500/- per month and further submitted that the correct multiplier

to be adopted is 18, whereas, the Tribunal adopted the multiplier 14

and awarded compensation, which is not sustainable one and further

submitted that the Tribunal awarded only a meagre sum of

Rs.80,000/- towards loss of love and affection and hence, the

appellants are entitled for enhanced compensation.

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5.Per contra, the learned counsel appearing for the third

respondent Insurance Company submitted that the Tribunal after

considering all the factual aspects, awarded the compensation which is

just and reasonable and hence, the impugned judgment warrants no

interference.

6.Heard the learned counsel appearing for the appellants as well

as the learned counsel appearing for the third respondent and perused

the materials available on record.

7.Admittedly, on 19.03.2011 at about 4.30 p.m., the deceased

Thirunavukarasu was travelled as a pillion rider in the motor cycle

bearing Registration No.TN 56 A 7930 driven by his friend

Ranjithkumar in Villarasampatti to Kaniravutharkulam Road at

Ellapalayam. At that time, the driver of the lorry bearing Registration

No.TN 29 AA 3556 came in the opposite direction in a rash and

negligent manner and dashed against the motorcycle, due to which, he

died on the spot.

8.The accident and the manner in which the accident happened

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are not disputed. This appeal has been filed only questioning the

quantum of compensation. Hence, there is no need for any discussion

with regard to negligence aspect.

9.The tribunal after elaborately discussing the factual aspects

awarded a sum of Rs.6,30,000/- for loss of dependency, Rs.10,000/-

for funeral expenses, Rs.80,000/- for loss of love and affection and

arrived at a total compensation of Rs.7,20,000/- with interest at the

rate of 7.5% p.a. from the date of filing of the petition till the date of

realization.

10.Though the claimants claim the age of the deceased as 23

years at the time of accident, the Tribunal has considered the age of

the deceased as 22 years and the deceased had just completed B.Sc.,

M.B.A. Course at Suriya Engineering College. Hence, this Court fix a

sum of Rs.9,000/- as the monthly notional income of the deceased.

Since the deceased was a bachelor, ½ of the amount has to be

deducted towards personal expenses. The deceased was aged 22

years at the time of death. Hence, the correct multiplier to be adopted

is 18. If 40% of notional income is awarded for future prospects, the

amount awarded for loss of dependency works out to Rs.13,60,800/-

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[Rs.9,000/- X 40% = Rs.3,600/-; Rs.9,000/- + Rs.3,600/- =

Rs.12,600/-; Rs.12,600 X 50% = Rs.6,300/-; Rs.6,300/- X 12 X 18 =

Rs.13,60,800/-].

11.This Court is of the opinion that some amount has to be

awarded for loss of estate. Accordingly, this Court awards a sum of

Rs.15,000/- for loss of estate. The amount awarded under the head

funeral expenses and loss of love and affection, in the opinion of this

Court is low and this Court is inclined to enhance the amount awarded

under the said heads. Accordingly, the amount awarded for funeral

expenses is enhanced to Rs.15,000/- from Rs.10,000/- and the

amount awarded for loss of love and affection is enhanced to

Rs.1,60,000/- [4 X Rs.40,000/-] from Rs.80,000/-.

12.Accordingly, the compensation amount is re-assessed as

follows:

S.No. Description Amount Awarded Amount Awarded by the Tribunal by this Court

1. Loss of dependency Rs.6,30,000/- Rs.13,60,800/-

2. Funeral Expenses Rs. 10,000/- Rs. 15,000/-

3. Loss of love and affection Rs. 80,000/- Rs. 1,60,000/-

4. Loss of estate --- Rs. 15,000/-

                                  Total                                Rs.7,20,000/-       Rs.15,50,800/-




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                                  13.The   claimants   are   entitled   to    total   compensation     of

Rs.15,50,800/- along with interest at the rate of 7.5% p.a. from the

date of filing of the petition till the date of realization.

14.The civil miscellaneous appeal is partly allowed. The

judgment and decree passed in M.C.O.P.No.403 of 2011 dated

31.07.2013 by the Motor Accidents Claims Tribunal (First Additional

Court) Erode, is modified to the above extent.

15.The third respondent Insurance Company is directed to

deposit the modified/ enhanced award amount before the Tribunal

within a period of six weeks from the date of receipt of a copy of this

judgment. On such deposit being made, the appellants/ claimants are

permitted to withdraw their respective shares as apportioned by the

Tribunal, along with accrued interest and proportionate costs, after

deducting the amount already withdrawn, if any, on making proper and

necessary application before the Tribunal. The appellants/ claimants

shall not be entitled to any interest for the period of delay, if any, in

filing the appeal. The appellants/ claimants are directed to pay the

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requisite Court fee for the enhanced compensation amount, if required.