Madras High Court
M.Annandhi vs D.Praveena on 4 November, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.1112 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.1112 of 2020
1.M.Annandhi
2.M.Nithiga (Minor)
3.M.Anushka (Minor)
4.R.Periyasami
Minors 2 and 3 are
Rep. by their Mother
Annandhi ... Appellants
Vs.
1.D.Praveena
2.Royal Sundaram Alliance
Insurance Company Limited,
2nd Floor, Subramanya Building,
Opposite to Spencer Tower,
No.1, Club House Road,
Chennai. ... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to allow the appeal by enhancing the award
amount passed by the MACT III Additional District and Sessions Judge,
Cuddalore at Vridhachalam in M.C.O.P.No.398 of 2017 dated
08.04.2019 and allow the appeal with cost throughout.
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.1112 of 2020
For Appellants : Mr.S.Udayakumar
For Respondents : R1 – Unclaimed
Mr.G.Vasudevan for R2
JUDGMENT
This appeal has been filed by the appellants/ claimants
challenging the judgment and decree passed in M.C.O.P.No.398 of
2017 dated 08.04.2019 on the file of the Motor Accidents Claims
Tribunal III Additional District and Sessions Judge, Cuddalore at
Vridhachalam.
2.The learned counsel appearing for the appellants submitted
that on 06.06.2017 at about 18.00 hours, the deceased Manikandan
was riding a motor cycle towards Vridhachalam from Periyasiruvathur
Village near Prime School. At that time, the driver of the car bearing
Registration No.KA-53-N-0484 drove the vehicle 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 wife, daughters and father of the
deceased Manikandan/ appellants/ claimants filed claim petition before
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the Motor Accidents Claims Tribunal, claiming a sum of Rs.50 Lakhs as
compensation for the death of Manikandan. After adjudication, the
Tribunal awarded a sum of Rs.19,49,400/- as compensation along with
interest at the rate of 7.5% per annum from the date of petition till the
date of realization. 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 P.W.3 – owner of the mess in which the deceased
worked, in his evidence stated that the deceased worked as Master in
his mess and was earning a sum of Rs.21,000/- per month, however,
the Tribunal fixed the notional monthly income of the deceased as
Rs.9,000/- per month and awarded a meagre compensation to the
claimants and hence, the appellants are entitled for enhanced
compensation.
5.Per contra, the learned counsel appearing for the second
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.
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6.Heard the learned counsel appearing for the appellants as well
as the learned counsel appearing for the second respondent and
perused the materials available on record.
7.The accident and the manner in which the accident happened
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.
8.The tribunal after elaborately discussing the factual aspects
awarded a sum of Rs.18,14,400/- for loss of income, Rs.40,000/- for
loss of consortium to the first appellant, Rs.60,000/- for loss of love
and affection to the appellants 2 to 4, Rs.15,000/- for loss of estate,
Rs.15,000/- for funeral expenses, Rs.5,000/- for transportation
expenses and arrived at a total compensation of Rs.19,49,400/- with
interest at the rate of 7.5% p.a. from the date of petition till the date
of realization.
9.Though P.W.3 in his evidence has stated that the deceased
was earning a sum of Rs.21,000/- per month, no proof for income of
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the deceased has been filed. Hence, this Court fix a sum of
Rs.15,000/- as the monthly notional income of the deceased. The
Tribunal has rightly awarded 40% of income towards future prospects
and has rightly deducted ¼ of the amount towards personal expenses
and has rightly adopted the multiplier 16. Hence, the amount awarded
for loss of income works out to Rs.30,24,000/- [Rs.15,000/- X 40% =
Rs.6,000/-; Rs.15,000/- + Rs.6,000/- = Rs.21,000/-; Rs.21,000 X
25% = Rs.5,250/-; Rs.21,000/- - Rs.5,250/- = Rs.15,750/-;
Rs.15,750/- X 12 X 16 = Rs.30,24,000/-].
10.The amount awarded under the heads loss of consortium to
the first appellant, loss of estate and funeral expenses, in the opinion
of this Court are just and reasonable and the same are confirmed. The
amount awarded under the head loss of love and affection to the
appellants 2 to 4, in the opinion of this Court is low and this Court is
inclined to enhance the amount awarded under the said head.
Accordingly, the amount awarded for loss of love and affection to the
appellants 2 to 4 is enhanced to Rs.1,20,000/- [each Rs.40,000/-]
from Rs.60,000/-. The amount awarded under the head transportation
expenses, in the opinion of this Court is not necessary and the same is
deleted.
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11.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 income Rs.18,14,400/- Rs.30,24,000/-
2. Funeral Expenses Rs. 15,000/- Rs. 15,000/-
3. Loss of consortium to the first Rs. 40,000/- Rs. 40,000/-
appellant
4. Loss of love and affection to Rs. 60,000/- Rs. 1,20,000/-
the appellants 2 to 4
5. Loss of estate Rs. 15,000/- Rs. 15,000/-
6. Transportation expenses Rs. 5,000/- ---
Total Rs.19,49,400/- Rs.32,14,000/-
12.The appellants/ claimants are entitled to total compensation
of Rs.32,14,000/- along with interest at the rate of 7.5% p.a. from the
date of petition till the date of realization, out of which, the appellants
1 to 3 are entitled to 30% each of the award amount and the fourth
appellant is entitled to 10% of the award amount.
13.The civil miscellaneous appeal is partly allowed. The
judgment and decree passed in M.C.O.P.No.398 of 2017 dated
08.04.2019 by the Motor Accidents Claims Tribunal III Additional
District and Sessions Judge, Cuddalore at Vridhachalam, is modified to
the above extent.
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14.The second 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 1 and 4 are
permitted to withdraw their respective shares as apportioned by this
Court, 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 2 and 3
are permitted to withdraw their shares as apportioned by this Court,
along with accrued interest and proportionate costs, on making proper
and necessary application before the Tribunal and on production of
necessary proof with regard to their majority. If the appellants 2 and
3 are still minors, their shares shall be kept in an interest yielding fixed
deposit with anyone of the Nationalized Bank, initially, for a period of
three years to be renewed at periodic intervals until they attain
majority and the interest derived from out of the said share of the
minors shall be paid to the first claimant/ mother every quarter to be
utilized for the welfare of the said minors.
15.The appellants/ claimants shall not be entitled to any interest
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for the period of delay, if any, in filing the appeal. The appellants/
claimants are directed to pay the requisite Court fee for the enhanced
compensation amount, if required. The Motor Accidents Claims
Tribunal III Additional District and Sessions Judge, Cuddalore at
Vridhachalam, shall disburse the enhanced amount upon production of
certified copy showing proof of payment of Court fee by the
appellants/ claimants.
16.The civil miscellaneous appeal is partly allowed. No costs.
04.11.2024
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
To
1.The Motor Accidents Claims Tribunal
III Additional District and Sessions Judge,
Cuddalore at Vridhachalam.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI,J.
pri
04.11.2024
https://www.mhc.tn.gov.in/judis
