Madras High Court
M.Punitha vs S.Mohan on 30 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.3380 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.3380 of 2021
1. M.Punitha
2. M.Muthukumar ... Appellants
vs.
1. S.Mohan
2. The New India Assurance Company Limited,
LIC Building, 6th Floor,
N.S.C. Bose Road,
Chennai 600 001. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 21.01.2021 in
M.C.O.P.4294/2018 on the file of the Motor Accident Claims Tribunal,
Small Causes Court, Chennai.
For Appellants : Mr.K.Varadha Kamaraj
For R2 : Mr.K.Thirunavukkarasu
JUDGMENT
The appellants are the claimants in M.C.O.P.4294/2018 on the
file of the Motor Accident Claims Tribunal, Chennai. They filed the claim
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petition under Section under Section 166 of the Motor Vehicles Act, 1988
and Rule 3 of M.A.C.T. Rules seeking compensation of Rs.50,00,000/-
for the death of their daughter Kowsalya in a road accident that occurred
on 08.06.2018.
2. The brief case of the appellants / claimants is as follows :
On 08.06.2018, Kowsalya (deceased) was travelling as a pillion
rider in a two-wheeler bearing Registration number TN-06-U-9532 on
Vathalagundu bypass road. When she was nearing Pattiveeranpatti, a
speeding lorry bearing Registration number TN-28-AS-9889 came in the
opposite direction, hit the two wheeler, resulting in the instantaneous
death of Kowsalya.
3. According to the claimants, the rash and negligent driving of
the driver of the lorry bearing Registration number TN-28-AS-9889 was
the cause of the accident and that since the said vehicle was insured with
the second respondent, the New India Assurance Company Limited, the
owner and the insurer are jointly and severally liable to pay compensation
to them.
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4. In the Tribunal, the owner of the vehicle remained absent and
was set exparte. The second respondent 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-28-AS-9889 and directed the second respondent, the New
India Assurance Company Limited to pay compensation of Rs.16,22,000/-
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 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.
7. Heard Mr.K.Varadha Kamaraj, learned counsel appearing for
the appellants and Mr.K.Thirunavukkarasu, learned counsel for the
second respondent.
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8. Mr.K.Varadha Kamaraj, learned counsel appearing for the
appellants/claimants contended that the deceased, aged 22 years, was
working as a Sales girl, earning a sum of Rs.22,000/- p.m. However, the
Tribunal had fixed a meagre sum of Rs.10,000/-as her monthly notional
income. He, therefore prayed for enhancing the notional income of the
deceased.
9. Per contra, Mr.K.Thirunavukkarasu, learned counsel
appearing for the second respondent, contended that the Award passed by
the Tribunal is based on 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, Kowsalya (deceased) aged 22
years, was working as a Sales girl, earning a sum of Rs.22,000/- p.m. In
the absence of satisfactory income proof, the Tribunal fixed the notional
monthly income of the deceased as Rs.10,000/-. It is pertinent to point
out that the accident took place in the year 2018 and in the facts and
circumstances, this Court is of the opinion that fixing notional monthly
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income of the deceased as Rs.15,000/- 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. The deceased died as a
bachelor and hence, 50% is deducted towards her personal expenses. The
proper multiplier to be adopted in the instant case is 18 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/-
after adding 40% Future Prospects = Rs.21,000/-
After 1/2 deduction = Rs.10,500/-
Loss of dependency:
= Rs.10,500/- x 12 x 18
= Rs.22,68,000/-
In addition to that the claimants are entitled to Rs.80,000/- (40,000X2),
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
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entitled to a total compensation of Rs.23,78,000/- (22,68,000 + 80,000 +
15,000 + 15,000= 23,78,000) as shown in the following tabular column:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs. 22,68,000 /-
2. Loss of consortium Rs.80,000/-
(Rs.40,000/- x 2)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
Total Rs.23,78,000/-
11. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.23,78,000/- 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.23,78,000/-.
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
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draft the decree only after receipt of the Court fee.
iv. The liability of the first respondent (owner) and the second
respondent (the New India Assurance Company Limited) is joint
and several and the second respondent / the New India Assurance
Company Limited is directed to deposit the enhanced compensation
amount i.e., Rs.23,78,000/- (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.4294/2018 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.2, Small Causes
Court, Chennai.
v. On such deposit being made, the appellants, claimants are
permitted to withdraw the same with accrued interest and costs,
after following due process of law. The ratio of apportionment
made by the Tribunal shall be kept intact.
30.09.2024
Index : Yes/No
Speaking order / Non speaking order
Neutral Citation : Yes / No
vum
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R.HEMALATHA, J.
vum
To
1.The Motor Accidents Claims Tribunal,
Special Sub Court No.2, Small Causes Court,
Chennai.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
30.09.2024
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