Madras High Court

Vanathi vs Saravanan on 21 October, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

CMA.No.1232 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.1232 of 2023

1.Vanathi
2. Minor Diliban
3. Minor Kanish
(Minor appellants 2 and 3 are represented by their next friend/mother, the
first appellant herein .... Appellants
vs.
1.Saravanan

2. Rajasekar

3. Shriram General Insurance Company Limited
Jaipur, Represented by its Managing Director,
having its registered office at
10005, E-8-RIICO Industrial Area, SITA PURA
Jaipur, Rajasthan 32022 ... Respondents

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 19.08.2021 in
M.C.O.P.250/2018 on the file of the Motor Accident Claims Tribunal,
Karaikal.
For Appellants : Mr. K. Varadha Kamaraj
For R1 & R2 : Ms.D.Kalaivani
For R3 : Mr. T.K. Premkumar

1/11
https://www.mhc.tn.gov.in/judis
CMA.No.1232 of 2023

JUDGMENT

The appellants are the claimants in M.C.O.P.250/2018 on the

file of the Motor Accident Claims Tribunal, Karaikal. They filed the

claim petition under Section 166(1) of the Motor Vehicles Act, seeking

compensation of Rs.32,00,000/- for the death of one Uthirapathi @ Durai

(husband of claimant 1; father of claimants 2 and 3) in a road accident

that occurred on 16.04.2018.

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

2.1. On 16.04.2018 Uthirapathi @ Durai (since deceased) was

riding his two wheeler bearing Registration number PY-02-H-3676 on

Thirunallar-Ambagarathur Main Road and at about 08.30 p.m. another

two wheeler bearing Registration Number PY-02-P-2945, with wooden

planks protruding on both sides of the two wheeler, came in the opposite

direction and hit the two wheeler driven by Uthirapathi causing his

instantaneous death.

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

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

the driver of the two wheeler bearing Registration Number PY-02-P-2945

was the cause of the accident and that since the said two wheeler was

insured with the third respondent, the Shriram General Insurance

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

severally liable to pay compensation to them.

4. In the Tribunal the driver of the offending vehicle remained

absent and was set ex parte. The second and third respondents

contested the the claim petition by filing their counter.

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

fastened negligence on the part of the driver of the offending two wheeler

bearing Registration Number PY-02-P-2945. Since the driver of the two

wheeler did not have a valid driving licence on the date of accident, the

Tribunal directed the third respondent Insurance Company to pay

compensation of Rs.17,30,208/- to the claimants together with interest at

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

realisation, in the first instance, and then recover the same from the

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

respondents 1 and 2, the driver and the owner of the offending two

wheeler respectively, under the same cause of action (pay and recover).

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. K. Varadha Kamaraj, learned counsel appearing

for the appellants, Ms. D. Kalaivani, learned counsel appearing for the

respondents 1 and 2, and Mr. T.K. Premkumar, learned counsel appearing

for the third respondent Insurance Company.

8. Mr. K. Varadha Kamaraj, learned counsel appearing for the

appellants contended that the deceased was owning a mini tractor

earning a sum of Rs.500/- per day. However, the Tribunal fixed the

notional monthly income of the deceased as Rs.14,109/- based on the cost

inflation index of the year 2018. He, therefore, prayed for enhancement

of compensation.

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

9. Per contra, Ms. D. Kalaivani, learned counsel appearing for

the respondents 1 and 2, and Mr. T.K. Premkumar, learned counsel

appearing for the third 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

and therefore, the same need not be disturbed in the present appeal.

10. In the claim petition the claimants have stated that the

deceased was owning a Mini Tractor earning a sum of Rs.500/- per day.

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

notional monthly income of the deceased as Rs.14,109/- based on the Cost

Inflation Index of the year 2018. The age of the deceased was 41 years on

the date of accident as per his marriage certificate (Ex.P4). Considering

the year of accident and the age of the deceased, this Court fixes the

notional monthly income of the deceased as Rs.15,000/-. 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, 25% is added

towards future prospects of the deceased. Since the deceased had three

dependents, 1/3 is deducted towards his personal expenses. The proper

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

multiplier to be adopted in the instant case is 14 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.15,000/-

25% Future Prospects = Rs.18,750/-

After 1/3 deduction = Rs.12,500/-

Loss of dependency = Rs.12,500/- x 12 x 14 = Rs.21,00,000/-

In addition to that the claimants are entitled to Rs.1,20,000/- (40,000 x 3),

Rs.15,000/- and Rs.15,000/- 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                  21,00,000/-
                                  2.           Loss of consortium                   1,20,000/-
                                               (Rs.40,000/- x 3)



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



                                       S.No.                Head                 Amount granted
                                                                                by this court (Rs.)
                                  3.            Funeral expenses                            15,000/-
                                  4.            Loss of Estate                              15,000/-
                                                Total                                     22,50,000/-

This amount shall carry interest at the rate of 7.5% per annum from the

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.22,50,000/-.

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.

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

iv. The third respondent, the Shriram General Insurance Company

Limited, Jaipur, is directed to deposit the enhanced compensation

amount of Rs.22,50,000/- (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, in the first instance, to the

credit of M.C.O.P.250/2018 on the file of the Motor Accident

Claims Tribunal, Karaikal, within a period of four weeks from the

date of receipt of a copy of this order/uploading of this order, and

then recover the same from the respondents 1 and 2, the driver and

the owner of the offending two wheeler respectively, under the

same cause of action (pay and recover).

v. The enhanced compensation amount of Rs.22,50,000/- is

apportioned to the claimants as follows:

Vanathi (first claimant) Rs.4,50,000/-

with costs and interest Minor Diliban (second claimant) Rs.9,00,000/- Minor Kanish (third claimant) Rs.9,00,000/-

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

vi. On such deposit being made, the first claimant is at liberty to

withdraw the same as per the apportionment made by this Court

after filing proper petition for withdrawal. Since second and third

claimants are minors, their shares may be deposited in anyone of

the nationalised banks until they attain majority.