Madras High Court

Jayarani vs R.Sathish on 30 October, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                CMA.No.1210 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 30.10.2024

                                                     CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                              C.M.A.No.1210 of 2023

                     1. Jayarani
                     2. Minor. Abishek
                     3.Minor. Jessica Sandra
                     (Minors are represented by their mother
                     and natural guardian first appellant)
                     4.C.Malliga
                     5.M.Chandran                                         ... Appellants

                                                         vs.
                     1. R.Sathish

                     2. The Iffco-Tokio General Insurance Company Limited (HUB)
                     having its office at
                     Habibullah Road, T.Nagar,
                     Chennai – 17.                                   ... Respondents



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Award dated 03.01.2023 in
                     M.C.O.P. 121 of 2020 on the file of the Motor Accident Claims Tribunal,
                     II Additional District and Sessions Court, Tiruvallur at Poonamallee.




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                                                                                     CMA.No.1210 of 2023




                                  For Appellants      : Mr.K.Varadha Kamaraj
                                  R1                  : No appearance
                                  For R2              : Mr.N.Somasundaar

                                                    JUDGMENT

The appellants are the claimants in M.C.O.P. 121 of 2020 on the

file of the Motor Accident Claims Tribunal, Tiruvallur at Poonamallee.

They filed the claim petition under Section 166 of the Motor Vehicles

Act, 1988 seeking compensation of Rs.1,00,00,000/- for the death of one

Suman (husband of claimant 1 ; father of claimants 2 and 3 ; son of

claimants 4 and 5) in a road accident that took place on 12.08.2020.

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

On 12.08.2020, Suman (since deceased) was riding his two

wheeler bearing Registration Number TN-20-CK-1049 on Chennai –

Bangalore National Highways and when he was nearing Nazarathpet

signal, a speeding tractor bearing Registration Number TN-20-BH-3843

rammed the two wheeler, as a result of which, Suman died on spot.

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

the driver of the tractor bearing Registration Number TN-20-BH-3843

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

with the second respondent, the Iffco-Tokio General Insurance Company

Limited, the owner of the vehicle and the insurer are jointly and severally

liable to pay compensation to them.

4. In the Tribunal the owner of the tractor remained absent and

was set ex parte. The second respondent, the Iffco-Tokio General

Insurance Company Limited resisted the claim petition on all the grounds

available to the insurer under Section 170 of the Motor Vehicles Act.

5. The Tribunal, vide its orders dated 03.01.2023, fastened

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

Number TN-20-BH-3843. Since the driver of the tractor did not have a

valid driving license, the Tribunal directed the second respondent

Insurance Company to pay compensation of Rs.25,29,200/- to the

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

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date of petition till the date of realisation, in the first instance and then

recover the same from the owner of the vehicle on the same cause of

action. (Pay and Recover)

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, 1988.

7. Heard Mr.K.Varadha Kamaraj, learned counsel appearing for

the appellants and Mr.N.Somasundaar, learned counsel appearing for the

second respondent.

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

appellants would contend that the deceased was a post graduate in

Biochemistry earning a sum of Rs.35,000/- per month. However, the

Tribunal fixed the notional monthly income of the deceased only as

Rs.12,000/-. He therefore, prayed for enhancement of the notional income

of the deceased.

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9. Per contra Mr.N.Somasundaar, learned counsel appearing for

the second respondent 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

at this stage.

10. A perusal of the records shows that Suman (deceased) was

appointed as sales supervisor in M360 Advertisement Company on a

consolidated salary of Rs.35,000/- per month. This certificate was issued

by one Thiru.Balaji Balasubramani (P.W.3), the owner of the said

company. However, the employer did not produce relevant records to

show that the deceased was actually paid a salary of Rs.35,000/- per

month. Moreover, P.W.3 admitted that the deceased was not employed in

their company during the accident period. It is pertinent to point out that

the deceased was a post graduate in Biochemistry and was aged 40 years

on the date of the accident. Considering these aspects, this Court is of the

opinion that fixing notional monthly income of the deceased as

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Rs.20,000/- 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 five dependants 1/4th is

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.20,000/-

40% Future Prospects = Rs.28,000/-

After 1/4 deduction = Rs.21,000/-

Loss of dependency

= Rs.21,000/- x 12 x 15

= Rs.37,80,000/-

In addition to that the claimants are entitled to Rs.2,00,000/- (40,000 x 5),

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). Thus, the claimants are

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entitled to a total compensation of Rs.40,10,000/- ( 37,80,000 + 2,00,000

+ 15,000 + 15,000= 40,10,000) as shown in the following tabular column.

                                       S.No.               Head             Amount granted
                                                                             by this court
                                  1.           Loss of dependency            Rs.37,80,000/-
                                  2.           Loss of consortium             Rs.2,00,000/-
                                               (Rs.40,000/- x 5)
                                  3.           Funeral expenses                Rs.15,000/-
                                  4.           Loss of Estate                  Rs.15,000/-
                                  Total                                      Rs.40,10,000/-

11. Thus, the compensation awarded by the Tribunal is enhanced

to Rs.40,10,000/- 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.40,10,000/-.

iii. The appellants / claimants are directed to pay the 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

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draft the decree only after receipt of the Court fee.

iv. The second respondent, the Iffco-Tokio General Insurance

Company Limited, Chennai, is directed to deposit the enhanced

compensation amount i.e., Rs.40,10,000/- (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 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. 121 of 2020 on the

file of the Motor Accident Claims Tribunal, II Additional District

and Sessions Court, Tiruvallur at Poonamallee, in the first instance

and then recover the same from the owner of the vehicle on the

same cause of action. (Pay and Recover)

v. Apportionment :

                                   1st claimant / Wife              Rs.10,10,000/-
                                                                    (with interest and costs)
                                   2nd claimant / Son (Minor)       Rs.12,50,000/-
                                   3rd claimant      /     Daughter Rs.12,50,000/-
                                   (Minor)
                                   4th claimant / Mother            Rs.2,50,000/-
                                   5th claimant / Father            Rs.2,50,000/-





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vi. The compensation amount of the minor claimants 2 and 3 shall be

deposited in any one of the Nationalised Bank till they attain

majority. The claimants 1, 4 and 5 are at liberty to withdraw their

respective shares after following due process of law.

30.10.2024

Index : Yes/No Speaking/Non-speaking order mtl

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1.The Motor Accidents Claims Tribunal, II Additional District and Sessions Court, Tiruvallur at Poonamallee

2. The Iffco-Tokio General Insurance Company Limited (HUB) having its office at Habibullah Road, T.Nagar, Chennai – 17.

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

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R.HEMALATHA, J.