Madras High Court

Sumathi vs Palanisamy (Died) on 8 November, 2024

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                       C.M.A.No.2925 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 08.11.2024

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                            C.M.A.No.2925 of 2024

                     1.Sumathi
                     2.Minor.Kavash
                     3.Minor.Monish

                     Minors 2 and 3 are
                     Rep. by their next friend Mother
                     Sumathi

                     4.Thailammal
                     5.Venkatachalam                               ... Appellants

                                                        Vs.

                     1.Palanisamy (died)

                     2.National Insurance Company Limited,
                       Sankagiri Durg Division,
                       Door No.19/B, S.R.Complex,
                       Rajamani Thottam,
                       Bhavani Main Road,
                       NH 47, Sankagiri Taluk,
                       Salem Dist.

                         Having Branch Office at 1st Floor,
                         L.R.N.Building Saradha College Road,
                         Salem Dist.

                     3.Murugesan
                     4.Palaniyammal (Died)
                     5.Mohanraj (died)                             ... Respondents




                     1/9

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                                                                               C.M.A.No.2925 of 2024




                     Prayer:
                                  Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, to allow the appeal and enhance the award dated
                     01.09.2023 in M.C.O.P.No.643 of 2021 on the file of Special District
                     Judge, MCOP Tribunal, Salem as prayed for.



                                       For Appellants : Mr.R.Navaneetha Krishnan
                                       For Respondents : Mr.C.Paranthaman for R2
                                                         R3 to R5 – NDW vide order dt.29/4/24


                                                       JUDGMENT

This appeal has been filed by the appellants/ claimants

challenging the order passed in M.C.O.P.No.643 of 2021 dated

01.09.2023 by the learned Special District Judge, MCOP Tribunal,

Salem.

2.The learned counsel appearing for the appellants submitted

that on 31.05.2021 at about 8.30 a.m., the deceased Vaithi was

riding a two wheeler bearing Registration No.T.N.52-P-5866 on the

extreme left in Sankari – Konganapuram Main Road near

Varadhakankattanur Arunthathiar Theru. At that time, the driver of

the lorry bearing Registration No.TN-52-F-4300 which came in the

opposite direction, drove the vehicle in a rash and negligent manner

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and dashed against the two wheeler, due to which, he died on the

spot.

3.The learned counsel appearing for the appellants further

submitted that thereafter, the wife, sons and parents of the deceased

Vaithi/ appellants/ claimants filed claim petition before the Motor

Accidents Claims Tribunal, claiming a sum of Rs.75 Lakhs as

compensation for the death of Vaithi. After adjudication, the Tribunal

awarded a sum of Rs.16,05,000/- as compensation along with interest

at the rate of 7.5% per annum from the date of petition till the date

of realization with proportionate costs. 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 accident is of the year 2021 and the deceased was

owning a lorry and was earning a sum of Rs.50,000/- per month,

however, the Tribunal fixed the notional monthly income of the

deceased as Rs.10,000/- per month including 40% future prospects

and awarded only a sum of Rs.1 Lakh for love and affection and

awarded a meagre compensation to the claimants and hence, the

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appellants are entitled for enhanced compensation.

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

respondent Insurance Company vehemently contended 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 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.14,40,000/- for loss of income, Rs.40,000/- for

loss of consortium, Rs.1,00,000/- for loss of love and affection,

Rs.25,000/- for funeral expenses and arrived at a total compensation

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of Rs.16,05,000/- with interest at the rate of 7.5% p.a. from the date

of petition till the date of realization.

9.The deceased seems to have owned a lorry and hence he

could have easily earned a sum of Rs.15,000/- per month. 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 head funeral expenses, in

the opinion of this Court is just and reasonable and the same are

confirmed. The amount awarded under the head 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 head. Accordingly,

the amount awarded for loss of love and affection is enhanced to

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Rs.2,50,000/- [each Rs.50,000/-] from Rs.1,00,000/-. The amount

awarded under the head loss of consortium, in the opinion of this

Court is not necessary and the same is deleted since amount is

awarded under the head loss of love and affection. This Court is of

the considered opinion that some amount have to be awarded under

the heads loss of estate and transportation charges. Accordingly, a

sum of Rs.25,000/- is awarded under the head loss of estate and a

sum of Rs.10,000/- is awarded under the head transportation

charges.

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.14,40,000/- Rs.30,24,000/-

2. Funeral Expenses Rs. 25,000/- Rs. 25,000/-

3. Loss of consortium Rs. 40,000/- ---

4. Loss of love and affection Rs. 1,00,000/- Rs. 2,50,000/-

5. Loss of estate --- Rs. 25,000/-

6. Transportation charges --- Rs. 10,000/-

Total Rs.16,05,000/- Rs.33,34,000/-

12.The appellants/ claimants are entitled to total compensation

of Rs.33,34,000/- along with interest at the rate of 7.5% p.a. from

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the date of petition till the date of realization.

13.The civil miscellaneous appeal is partly allowed. The order

passed in M.C.O.P.No.643 of 2021 dated 01.09.2023 by the learned

Special District Judge, MCOP Tribunal, Salem, is modified to the

above extent.

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, 4 and 5 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 2 and

3 are permitted to withdraw their shares as apportioned by the

Tribunal, 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,

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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 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 learned Special

District Judge, MCOP Tribunal, Salem, shall disburse the enhanced

amount upon production of certified copy showing proof of payment

of Court fee by the appellants/ claimants.