Madras High Court
Kamitha Begum vs K. Narasimhan on 1 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1731 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1731 of 2024
1. Kamitha Begum
2. Khaja Moideen
3. Nagoor Meeran
4. Syed Ali Fathima .... Appellants
vs.
1. K. Narasimhan
2. The New India Assurance Company Limited,
Motor Third Party Claims Office,
No.232, Bombay Mutual Building,
6th Floor, N.S.C. Bose Road, Chennai-1. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 31.01.2023 in
M.C.O.P.4053/2021 on the file of the Motor Accident Claims Tribunal IV
Small Causes Court, Chennai.
For Appellants : Mr. R. Nalliyappan
R1 : Notice dispensed with
For R2 : Mr. K. Thirunavukarasu
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.1731 of 2024
JUDGMENT
The appellants are the claimants in M.C.O.P.4053/2021 on the
file of the Motor Accident Claims Tribunal, IV Small Causes Court,
Chennai. They filed the claim petition under Section 166 of the Motor
Vehicles Act and Rule 3 of the M.A.C.T. Rules, seeking compensation of
Rs.24,00,000/- for the death of one Abdul Kadhar (husband of the first
claimant and father of claimants 2 to 4) in a road accident that occurred
on 09.09.2021.
2. The brief case of the appellants / claimants is as follows :
2.1. On 09.09.2021 Abdul Kadhar (since deceased) was
standing with his fish cart along GST Road and at about 14.15 hours, a
speeding lorry bearing Registration number TN-03-Z-0799 hit him
resulting in his instantaneous death.
3. According to the claimants, the rash and negligent driving of
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the driver of the lorry bearing Registration Number TN-03-Z-0799, was
the cause of the accident and that since the said lorry was insured with the
second respondent, the New India Assurance Company Limited, Chennai,
the owner and the insurer are jointly and severally liable to pay
compensation to them.
4. In the Tribunal the owner of the lorry remained absent and
was set ex parte. The second respondent Insurance Company 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 rider of the lorry bearing Registration
number TN-03-Z-0799, and directed the second respondent, insurer of
the said lorry, to pay compensation of Rs.7,09,500/- to the claimants
together with interest at the rate of 7.5% per annum from the date of
petition till the date of realisation. The Tribunal also held that the liability
of the Insurance Company and the owner of the lorry is joint and several.
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6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the claimants have filed the present appeal under Section 173 of
the Motor Vehicles Act, 1988.
7. Heard Mr. R. Nalliyappan, learned counsel appearing for the
appellants and Mr.K. Thirunavukarasu, learned counsel appearing for the
second respondent Insurance Company.
8. Mr. R. Nalliyappan, learned counsel appearing for the
appellants contended that the deceased was doing business in textiles
earning a sum of Rs.20,000/- per month. However, the Tribunal fixed
the notional monthly income of the deceased only as Rs.11,000/-. He
therefore prayed for enhancement of compensation.
9. Per contra, Mr. J. Michael Visuvasam, learned counsel
appearing for the second respondent/Insurance Company 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
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and therefore, the same need not be disturbed in the present appeal.
10. The deceased, in the instant case, was aged 67 years and
there are four dependants. According to the claimants, the deceased was
doing business in textiles earning a sum of Rs.20,000/- per month. In
the absence of satisfactory income proof, the Tribunal fixed the notional
monthly income of the deceased as Rs.11,000/-. Considering the year of
accident and the age of the deceased, this Court fixes the notional monthly
income of the deceased as Rs.16,000/-. The deceased was aged 67 years
on the date of the accident and therefore, he is not entitled to get future
prospects as per the decision in National Insurance Co. vs Pranay sethi
and others reported in 2017 (2) TNMAC 601. Since the deceased had
four dependents, 1/4 is deducted towards his personal expenses. The
proper multiplier to be adopted in the instant case is 5 as per the decision
rendered in Sarla Verma and others vs. Delhi Transport Corporation
and another reported in (2009) 6 SCC 121.
Calculation
Notional Income = Rs.16,000/-
After 1/4 deduction = Rs.12,000/-
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Loss of dependency
= Rs.12,000/- x 12 x 5
= Rs.7,20,000/-
In addition to that the claimants are entitled to Rs.1,76,000/- (44,000 x 4),
Rs.16,500/- and Rs.16,500/- for 'loss of Consortium', 'loss of Estate' and
'Funeral Expenses' respectively as per the decision in National Insurance
Co. vs Pranay sethi and others (cited supra).
10.1. The enhanced amount under the different heads are
detailed hereunder:
S.No. Head Amount granted
by this court (Rs.)
1. Loss of dependency 7,20,000/-
2. Loss of consortium 1,76,000/-
(Rs.44,000/- x 4)
3. Funeral expenses 16,500/-
4. Loss of Estate 16,500/-
Total 9,29,000/-
This amount shall carry interest at the rate of 7.5% per annum from the
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date of claim petition till the date of deposit.
11. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.9,29,000/-.
iii. The appellants / claimants are directed to pay court fee for the
enhanced compensation amount, if any, within a period of four
weeks from the date of this order and the Registry is directed to
draft the decree only after receipt of the Court fee.
iv. The second respondent, the New India Assurance Company
Limited, Chennai, is directed to deposit the enhanced compensation
amount of Rs.9,29,000/- (less the amount already deposited)
together with interest at the rate of 7.5% per annum from the date
of claim petition till the date of deposit to the credit of
M.C.O.P.4053/2021 on the file of the Motor Accident Claims
Tribunal, IV Small Causes Court, Chennai, within a period of four
weeks from the date of receipt of a copy of this order/uploading of
this order. The ratio of apportionment made by the Tribunal shall
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be kept intact.
v. On such deposit being made, the appellants are at liberty to
withdraw their share as per the apportionment made by the
Tribunal after filing a proper petition for withdrawal.
vi. The appellants/claimants are not entitled to claim interest for the
period of delay of 68 days in filing this appeal.
01.10.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal, IV Small Causes Court, Chennai
2. The New India Assurance Company Limited,
Motor Third Party Claims Office,
No.232, Bombay Mutual Building,
6th Floor, N.S.C. Bose Road, Chennai-1.
3. The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
bga
01.10.2024
https://www.mhc.tn.gov.in/judis
