Madras High Court
G.Mallika vs Nagarajan on 28 October, 2024
C.M.A.(MD) No.1374 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD)No.1374 of 2024
G.Mallika ...
Appellant
vs.
1.Nagarajan,
2.Magma HDI General Insurance Company Limited,
Branch Office,
D.No.1, New Tank Street,
Valluvarkottam High Road,
Nungambakkam,
Chennai – 600 004.
Through its Branch Manager ...
Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicle Act, 1988, against the award dated 01.08.2023 in
M.C.O.P.No.249 of 2018 on the file of the Motor Accidents Claims
Tribunal, Chief Judicial Magistrate Court, Tirunelveli.
For appellant : Mr.I.Robert Chandra Kumar
For Respondents
for R1 : Dispensed with
for R2 : Mr.N.Shylappa Kalyan
JUDGMENT
_____________
https://www.mhc.tn.gov.in/judis
The appeal has been filed by the claimant seeking enhancement of
the compensation.
2. Since the findings on negligence and liability are not under
challenge, the facts leading to the filing of the claim petition are not
necessary for the disposal of the appeal.
3. The learned counsel for the appellant submitted that the Tribunal,
while rightly adopting the multiplier method in computing the
compensation under the head loss of income, had erroneously fixed a
meagre notional income of Rs.6,000/- p.m., which has to be enhanced.
4. Since the first respondent remained ex parte before the Tribunal,
notice to the first respondent is dispensed with.
5. The learned counsel for the second respondent, per contra,
submitted that the award of the Tribunal is just and reasonable and no
interference is called for.
6. The only question involved in the instant appeal is 'whether the
Tribunal had awarded the just and reasonable compensation?'
_____________
https://www.mhc.tn.gov.in/judis
7. The Tribunal, while computing the loss of income and the
compensation for permanent disability, had adopted the multiplier method
after assessing the functional disability at 86%. The said finding is not
under challenge. However, the Tribunal had fixed a meagre sum of Rs.
6,000/- p.m., as notional income. That apart, it is seen that the Tribunal
had not considered the future prospects of the deceased.
Ex.P25/certificate issued by the District Collector confirms that the
appellant is a qualified tailor. Considering the year of the accident (2018),
avocation and age of the appellant, this Court is of the view that it would
be just and reasonable to fix the notional income at Rs.10,000/- p.m.
Since the appellant was 47 years old at the time of the accident, 25% has
to be added towards future prospects. Hence, the compensation under the
head 'loss of income' has to be Rs.10,000/- + Rs.2,500/- x 12 x 13 x
86/100 = Rs.16,77,000/-. The compensation under the other heads is
confirmed. Thus, the compensation awarded by the Tribunal is enhanced
as follows:
S.N Description Amount Amount Award
o awarded by the awarded by this confirmed,
Tribunal Court enhanced or
granted
1 For permanent disability Rs. 8,04,960/- Rs.16,77,000/- Enhanced
_____________
https://www.mhc.tn.gov.in/judis
S.N Description Amount Amount Award
o awarded by the awarded by this confirmed,
Tribunal Court enhanced or
granted
2 Medical expenses Rs. 6,71,384/- Rs. 6,71,384/- Confirmed
3 Pain and sufferings Rs. 50,000/- Rs. 50,000/- Confirmed
4 Extra nourishment Rs. 10,000/- Rs. 10,000/- Confirmed
5 Transportation charges Rs. 10,000/- Rs. 10,000/- Confirmed
6 Attendant charges Rs. 10,000/- Rs. 10,000/- Confirmed
Total Rs.15,56,344/- Rs.24,28,384/- Enhanced by
Rs.8,72,040/-
8. The second respondent/Insurance Company is directed to pay the
enhanced compensation of Rs.24,28,384/- (Rupees Twenty Four Lakhs,
Twenty Eight Thousand, Three Hundred Eighty Four only) together with
interest at 7.5% p.a., from the date of the claim petition till the date of
realization and costs, less the amount already deposited, if any, within a
period of four (4) weeks from the date of receipt of a copy of this order.
9. On such deposit, the appellant/claimant is permitted to
withdraw the award amount with interest and costs, less the amount
already withdrawn, if any, by filing an appropriate application before the
Tribunal.
_____________
https://www.mhc.tn.gov.in/judis
10. In the result, this Civil Miscellaneous Appeal is allowed. No
costs.
28.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
apd
To
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate Court, Tirunelveli.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
SUNDER MOHAN,J
apd
_____________
https://www.mhc.tn.gov.in/judis
28.10.2024
_____________
https://www.mhc.tn.gov.in/judis
