Madras High Court

Kokila vs N.Ramanathan on 30 September, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                                 CMA.No.1712 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 30.09.2024

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE R.HEMALATHA

                                                 C.M.A.No.1712 of 2024
                     1. Kokila
                     2. Chinnapillai
                     3. Irusappan                                                ... Appellants
                                                            vs.
                     1. N.Ramanathan
                     2. M/s.National Insurance Company Limited,
                        LRN Colony, Sarada college Road,
                        Salem.                                                  ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the Award dated 01.03.2024 in
                     M.C.O.P.994/2023 on the file of the Motor Accident Claims Tribunal,
                     Special District Court, Salem.

                                    For Appellants     : Mr.Ma.P.Thangavel
                                    For R2             : Mrs.R.Rathna Tharan

                                                      JUDGMENT

The appellants are the claimants in M.C.O.P.994/2023 on the

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

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petition under Section 166 of the Motor Vehicles Act seeking

compensation of Rs.50,00,000/- for the death of one Balakrishnan

(husband of the first claimant and son of the claimants 2 and 3) in a road

accident that occurred on 25.02.2023.

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

On 25.02.2023, Balakrishnan (deceased) was riding his two-

wheeler bearing Registration number TN-36-W-1810 on Tharamangalam

- Jalagandapuram main road. When he was nearing Selavadai PACB

Bank, a speeding Taurus lorry bearing Registration number TN-30-BW-

3499 came in the opposite direction and hit the two wheeler, resulting in

the instantaneous death of Balakrishnan.

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

the driver of the Taurus lorry bearing Registration number TN-30-BW-

3499 was the cause of the accident and that since the said vehicle was

insured with the second respondent, the National Insurance 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 lorry 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 driver of the Taurus lorry bearing Registration number

TN-30-BW-3499 and directed the second respondent, the National

Insurance Company Limited to pay 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. 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.Ma.P.Thangavel, learned counsel appearing for the

appellants and Mrs.R.Rathna Tharan, learned counsel for the second

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respondent.

8. Mr.Ma.P.Thangavel, learned counsel appearing for the

appellants/claimants contended that the deceased, aged 25 years was

working as a Power-loom weaver, earning a sum of Rs.30,000/- p.m.

However, the Tribunal had fixed a meagre sum of Rs.10,000/- including

future prospects, as his monthly notional income. He, therefore prayed for

enhancing the notional income of the deceased.

9. Per contra Mrs.R.Rathna Tharan, 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, Balakrishnan (deceased) aged

25 years was working as a power-loom weaver, earning a sum of

Rs.30,000/- p.m. In the absence of satisfactory income proof, the

Tribunal fixed the notional monthly income of the deceased as

Rs.10,000/- including future prospects. It is pertinent to point out that the

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accident took place in the year 2023 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 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.17,000/-

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

After 1/3 deduction = Rs.15,866/-

Loss of dependency:

= Rs.15,866/- x 12 x 18

= Rs.34,27,056/-

In addition to that the claimants are entitled to Rs.1,32,000/- (44,000/-x3),

Rs.16,500/- and Rs.16,500/- towards loss of consortium, loss of estate and

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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.35,92,056/- (34,27,056 + 1,32,000

+ 16,500 + 16,500= 35,92,056) as shown in the following tabular column:

                                       S.No.                Head             Amount granted
                                                                              by this court
                                  1.            Loss of dependency           Rs. 34,27,056 /-
                                  2.            Loss of consortium            Rs.1,32,000/-
                                                (Rs.44,000/- x 3)
                                  3.            Funeral expenses               Rs.16,500/-
                                  4.            Loss of Estate                 Rs.16,500/-
                                                                     Total   Rs.35,92,056/-