Madras High Court

Kalaiselvi vs Selvam on 21 October, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                                     CMA.No.1919 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 21.10.2024

                                                           CORAM:

                                  THE HONOURABLE MRS.JUSTICE R.HEMALATHA

                                                     C.M.A.No.1919 of 2023

                     1. Kalaiselvi
                     2. Minor Sarvesh
                     3. Minor Navaneetha                                              ... Appellants
                     (Minor appellants 2 and 3 are rep. by their
                     mother & natural guardian Kalaiselvi)

                                                              vs.
                     1. Selvam

                     2. Chozhamandalam MS General
                        Insurance Co. Ltd.,
                        Rajaji Road, Salem - 7.                                     ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Award dated 07.08.2021 in
                     M.C.O.P.842/2020 on the file of the Motor Accident Claims Tribunal,
                     Special District Court, Salem.

                                    For Appellants       : Mr.S.Ramprabu

                                    For R2               : Mr.J.Michael Visuvasam


                                                       JUDGMENT

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

The appellants are the claimants in M.C.O.P.842/2020 on the

file of the Motor Accident Claims Tribunal, Salem. They filed the claim

petition under Section 166 of the Motor Vehicles Act, seeking

compensation of Rs.40,00,000/- for the death of one Palanisamy @

Umapathy (husband of the first claimant and father of the claimants 2 and

3) in a road accident that occurred on 15.06.2020.

2. The brief case of the appellants / claimants is as follows :

On 15.06.2020, Palanisamy @ Umapathy (deceased) was riding

a two wheeler bearing Registration number TN 52 Y 6311 on Mettur -

Bhavani main road and at about 5.45 a.m., a speeding lorry bearing

Registration number TN 24 AS 1371 hit the two wheeler, resulting in the

instantaneous death of Palanisamy @ Umapathy.

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

the driver of the lorry bearing Registration number TN 24 AS 1371 was

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

the second respondent, the Chozhamandalam MS General Insurance

Company Limited, the owner and the insurer are jointly and severally

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

liable to pay compensation to them.

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

was set exparte. 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 driver of the lorry bearing Registration

number TN 24 AS 1371 and awarded compensation of Rs.15,65,000/-

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

petition till the date of realisation vide, its orders dated 07.08.2021. 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 appellants / claimants have filed the present appeal under

Section 173 of the Motor Vehicles Act.

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

7. Heard Mr.S.Ramprabu, learned counsel appearing for the

appellants and Mr.J.Michael Visuvasam, learned counsel for the second

respondent.

8. Mr.S.Ramprabu, learned counsel appearing for the

appellants/claimants contended that Palanisamy @ Umapathy (deceased),

aged 38 years was a Mason, earning a sum of Rs.20,000/- per month.

However, the Tribunal had fixed a meagre sum of Rs.12,000/- as his

notional monthly income. He, therefore prayed for enhancement of

compensation.

9. Per contra, Mr.J.Michael Visuvasam, learned counsel

appearing for the second respondent, contended that the Award passed by

the Tribunal is based on the well laid principles of law which were in

vogue at the time of passing of the order and therefore, the same need not

be disturbed at this stage.

10. According to the claimants, Palanisamy @ Umapathy

(deceased) aged 38 years, was a Mason, earning a sum of Rs.20,000/- per

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

month. In the absence of satisfactory income proof, the Tribunal fixed the

notional monthly income of the deceased as Rs.12,000/-. It is pertinent to

point out that the accident took place in the year 2020 and in the facts and

circumstances, this Court is of the opinion that fixing notional monthly

income of the deceased as Rs.17,000/- would meet the ends of justice. As

per the decision of the Supreme Court of India in National Insurance Co.

vs Pranay sethi and others reported in 2017 (2) TNMAC 601, 40% is

added towards future prospects of the deceased. Since there are three

dependents, 1/3rd of the deceased's income should be deducted towards his

personal expenses. The proper multiplier to be adopted in the instant case

is 15 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.17,000/-

after adding 40% Future Prospects = Rs.23,800/-

After 1/3 deduction = Rs.15,867/-

Loss of dependency:

= Rs.15,867/- x 12 x 15

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= Rs.28,56,060/-

In addition to that the claimants are entitled to Rs.1,20,000/- (40,000/-x3),

Rs.15,000/- and Rs.15,000/- towards 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). Thus, the claimants are

entitled to a total compensation of Rs.30,06,060/- (28,56,060 + 1,20,000

+ 15,000 + 15,000 = 30,06,060) as shown in the following tabular column:

                                       S.No.                Head         Amount granted
                                                                          by this court
                                  1.            Loss of dependency        Rs. 28,56,060 /-
                                  2.            Loss of consortium         Rs.1,20,000/-
                                                (Rs.40,000/- x 3)
                                  3.            Funeral expenses            Rs.15,000/-
                                  4.            Loss of Estate              Rs.15,000/-
                                                                   Total Rs.30,06,060/-

11. Thus, the compensation awarded by the Tribunal is

enhanced to Rs.30,06,060/- that would carry interest at the rate of 7.5%

per annum.

12. In the result,

i. The Civil Miscellaneous Appeal is partly allowed. No costs.

ii. The compensation awarded by the Tribunal is enhanced to

Rs.30,06,060/-.

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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 liability of the owner of the lorry and the second respondent

(the Chozhamandalam MS General Insurance Company Limited) is

joint and several and the second respondent is directed to deposit

the enhanced compensation amount i.e., Rs.30,06,060/- (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

within a period of four weeks from the date of receipt of a copy of

this order / uploading of this order to the credit of

M.C.O.P.842/2020 on the file of the Motor Accident Claims

Tribunal, Special District Court, Salem.

v. Apportionment :

                                   1st claimant / wife                Rs.10,06,060/-
                                                                      (with interest and costs)
                                   2nd claimant / minor son           Rs.10,00,000/-

3rd claimant / minor daughter Rs.10,00,000/- vi. The share of the minor appellants 2 and 3 is directed to be deposited

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

in any one of the Nationalised Bank till they attain majority. The

first claimant is at liberty to withdraw her share after following due

process of law.

vii. The appellants/claimants are not entitled to claim any interest for

the period of delay of 78 days in filing this appeal.

21.10.2024 Index : Yes/No Speaking order / Non speaking order Neutral Citation : Yes / No vum

1.The Motor Accidents Claims Tribunal, Special District Court, Salem.

2.The Section Officer, VR Section, Madras High Court, Chennai.

R.HEMALATHA, J.

vum