Madras High Court

Sangeetha vs K.Murugan on 1 October, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                                   CMA.No.2305 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 01.10.2024

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE R.HEMALATHA

                                            C.M.A.Nos.2305 & 2036 of 2023
                     Sangeetha                                      ... Appellant in both C.M.As.
                                                            vs.
                     1. K.Murugan

                     2. The Manager,
                        Reliance General Insurance Co. Ltd.,
                        Motor T.P.Claims,
                        No.6, Haddows Road,
                        Opp. Sasthiri Bhavan,
                        Nungambakkam, Chennai - 34.                ... Respondents in both
                     C.M.As.

                     COMMON PRAYER: Civil Miscellaneous Appeals filed under Section
                     173 of the Motor Vehicles Act, 1988, against the Award, dated
                     20.10.2022 in M.C.O.P.156/2021 & M.C.O.P.157/2021 on the file of the
                     Motor Accident Claims Tribunal No.1, Special District Court, Tiruvallur.

                                    in both C.M.As
                                    For Appellants     : Mr.U.Chithambaram
                                    For R2             : Mr.P.Suresh Srinivasan

                                                COMMON JUDGMENT

The appellant is the claimant in M.C.O.P.156/2021 &

https://www.mhc.tn.gov.in/judis

M.C.O.P.157/2021 on the file of the Motor Accident Claims Tribunal

No.1, Tiruvallur. She filed the claim petitions under Section 166 of the

Motor Vehicles Act & Rule 3 of M.A.C.T. Rules, seeking compensation of

Rs.20,00,000/- each, for the death of her children viz., Minor.Kanishka @

Kanishka Shriand, aged 6 years and Minor Tharun, aged 3 years

respectively, in a road accident that occurred on 16.03.2021.

2. The brief case of the appellant / claimant is as follows :

On 16.03.2021, Minor.Kanishka @ Kanishka Shriand,

(deceased) aged 6 years and Minor Tharun, aged 3 years (deceased) were

travelling as pillion riders in a two-wheeler bearing Registration number

TN-21-AU-1227 on Tiruvallur - Kadambattur main road. When they were

nearing Tirupachur, a speeding lorry bearing Registration number TN-21-

AU-0072 came in the opposite direction and hit the two wheeler, as a

result of which, both the children fell down and died on spot.

3. According to the claimant, the rash and negligent driving of

the driver of the lorry bearing Registration number TN-21-AU-0072 was

the cause of the accident and that since the said vehicle was insured with

https://www.mhc.tn.gov.in/judis

the second respondent, the Reliance General Insurance Company Limited,

the owner and the insurer are jointly and severally liable to pay

compensation to her.

4. In the Tribunal, the owner of the lorry remained absent and

was set exparte. The second respondent resisted the claim petition on all

the grounds available to the insurer under Section 170 of the Motor

Vehicles Act.

5. The Tribunal after analysing the evidence on record, fastened

negligence on the part of the driver of the lorry bearing Registration

number TN-21-AU-0072 and awarded compensation of Rs.5,27,000/-

each in M.C.O.P.156/2021 & M.C.O.P.157/2021, together with interest at

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

realisation, vide its orders dated 28.04.2023. The Tribunal also held that

the liability of the owner of the lorry and the insurer is joint and several.

6. Aggrieved over the quantum of compensation awarded by the

Tribunal, the appellant / claimant has filed the present appeals under

https://www.mhc.tn.gov.in/judis

Section 173 of the Motor Vehicles Act.

7. Heard Mr.U.Chithambaram, learned counsel appearing for

the appellant and Mr.P.Suresh Srinivasan, learned counsel for the second

respondent.

8. Mr.U.Chithambaram, learned counsel appearing for the

appellant/claimant relied on the decision of a single judge of this Court in

M.Ganesamoorthy and others vs. The Managing Director, Tamil Nadu

State Transport Corporation, Villupuram in C.M.A.Nos.2777 and 2778

of 2022 dated 19.03.2023 and contended that this Court had fixed

Rs.5,000/- as notional monthly income for a minor child aged 2½ years.

He therefore prayed for enhancement of compensation.

9. Per contra, Mr.P.Suresh Srinivasan, learned counsel

appearing for the second respondent / the Reliance General Insurance

Company Limited, contended that the Award passed by the Tribunal is

based on the well laid down principles of law which were in vogue at the

time of passing of the order and therefore, the same need not be disturbed.

https://www.mhc.tn.gov.in/judis

10. In Kishan Gopal and another vs. Lala and others reported

in 2013 (2) TN MAC 358, the Hon'ble Supreme Court fixed the notional

income of a minor child as Rs.30,000/- per annum and granted a sum of

Rs.50,000/- under the other conventional heads. The accident in Kishan

Gopal and another vs. Lala and others (cited supra) happened in the

year 2013. In the present case, considering the passage of time and the age

of the victim child, fixing Rs.5,000/- per month as notional income of the

deceased would meet the ends of justice. The proper multiplier to be

adopted in the instant case is 15, as per the decision in Sarla Verma and

others vs. Delhi Transport Corporation and another reported in (2009)

6 SCC 121. Calculation for loss of dependency is worked out here under.

Calculation :

Notional Income = Rs.5,000/- x 12 = Rs.60,000/-

Loss of dependency :

= Rs.60,000/- x 15

= Rs.9,00,000/-

In addition to that the claimant is entitled to Rs.44,000/-, Rs.16,500/- and

Rs.16,500/- towards "loss of consortium, funeral expenses and loss of

estate" respectively as per the decision in Reliance General Insurance

https://www.mhc.tn.gov.in/judis

Company Limited Vs. Pranay Sethi and others (cited supra). Thus, the

claimant is entitled to a total compensation of Rs.9,77,000 /- (9,00,000 +

44,000 +16,500 +16,500 = 9,77,000) in each case, as shown in the

following tabular column.

                                       S.No.                Head         Amount granted
                                                                        by this court (Rs.)
                                  1.            Loss of dependency           9,00,000/-
                                  2.            Loss of consortium             44,000/-
                                  3.            Funeral expenses               16,500/-
                                  4.            Loss of Estate                 16,500/-
                                  Total                                    Rs.9,77,000/-

11. Thus, the compensation awarded by the Tribunal is

enhanced from Rs.5,27,000/- to Rs.9,77,000/- in each case, that would

carry interest at the rate of 7.5% per annum.