Madras High Court
M. Sarala vs Abdul Rahman on 30 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.83 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.83 of 2024
1. M. Sarala
2. S. Mohanasundaram .... Appellants
vs.
1. Abdul Rahman
2. The United India Insurance Company Limited,
Third Party Hub, Silinghi Building
No.134, Greams Road, Chennai 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 30.06.2023 in
M.C.O.P.No.1030/2018 on the file of the Motor Accident Claims
Tribunal, Court of Small Causes, Chennai.
For Appellants : Mr.S.P. Yuvaraj
For R2 : Mrs. R. Vijayakamala
1/10
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CMA.No.83 of 2024
JUDGMENT
The appellants are the claimants in M.C.O.P.No.1030/2018 on
the file of the Motor Accident Claims Tribunal, Court of Small Causes,
Chennai. They filed the claim petition under Section 166 of the Motor
Vehicles Act, seeking compensation of Rs.30,00,000/- for the death of
their son Parthiban, in a road accident that occurred on 15.08.2017.
2. The brief case of the appellants / claimants is as follows :
2.1. On 15.08.2017 Parthiban (since deceased) was riding his
two wheeler bearing Registration Number TN 03 S 7987 along with one
Saran as a pillion rider. Both of them were proceeding towards S.N.
Chetty Road, Chennai. At about 8 p.m., a speeding motorcycle bearing
Registration Number TN 06 R 4803 came in the opposite direction and hit
the two wheeler driven by Parthiban as a result of which Parthiban and
Saran fell down and sustained injuries all over their body. Both of them
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were immediately rushed to Government Stanley Hospital, Chennai.
While Parthiban died on the way to hospital, Saran was admitted in the
hospital for 15 days and then discharged.
3. According to the claimants, the rash and negligent driving of
the driver of the motorcycle bearing Registration Number TN 06 R 4803,
was the cause of the accident and that since the said vehicle was insured
with the second respondent, The United India Insurance Company
Limited, Chennai, the owner and the insurer are jointly and severally
liable to pay compensation to them.
4. In the Tribunal the owner of the motorcycle remained absent
and was set ex parte. The second respondent Insurance Company
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 rider of the motorcycle bearing Registration
Number TN 06 R 4803, and directed the second respondent, insurer of
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the said motorcycle, to pay compensation of Rs.16,22,000/- to the
claimants 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 Insurance Company and the owner of the motorcycle is
joint and several.
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.S.P.Yuvaraj, learned counsel appearing for the
appellants and Mrs. R. Vijayakamala, learned counsel appearing for the
second respondent Insurance Company.
8. Mr.S.P.Yuvaraj, learned counsel appearing for the appellants
contended that the deceased Parthiban was working as a welder earning
a sum of Rs.25,000/- per month. However, the Tribunal fixed the
notional monthly income of the deceased only as Rs.10,000/-. He
therefore prayed for enhancement of compensation.
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9. Per contra, Mrs. R. Vijayakamala, learned counsel appearing
for the second 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. The deceased, in the instant case, was aged 24 years on the
date of accident. According to the claimants, the deceased was working
as a welder earning a sum of Rs.25,000/- per month. In the absence of
satisfactory income proof, the Tribunal fixed the notional monthly income
of the deceased as Rs.10,000/-. 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, 40% is added towards future prospects of the
deceased. Since the deceased died as a bachelor, 1/2 is 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.
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Delhi Transport Corporation and another reported in (2009) 6 SCC
Calculation
Notional Income = Rs.15,000/-
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/- (40,000 x 2),
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 22,68,000/-
2. Loss of consortium 80,000/-
(Rs.40,000/- x 2)
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S.No. Head Amount granted
by this court (Rs.)
3. Funeral expenses 15,000/-
4. Loss of Estate 15,000/-
Total 23,78,000/-
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.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
draft the decree only after receipt of the Court fee.
iv. The second respondent, the The United India Insurance Company
Limited,Chennai, is directed to deposit the enhanced compensation
amount of Rs.23,78,000/- (less the amount already deposited)
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together with interest at the rate of 7.5% per annum from the date
of claim petition till the date of deposit to the credit of
M.C.O.P.No.1030/2018 on the file of the Motor Accident Claims
Tribunal, Special Subcourt No.II, Court of Small Causes, Chennai,
within a period of four weeks from the date of receipt of a copy of
this order/uploading of this order. The ratio of apportionment
made by the Tribunal shall be kept intact.
v. On such deposit being made, the appellants are at liberty to
withdraw their share as per the apportionment made by the
Tribunal after filing a proper petition for withdrawal.
30.09.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal, Special Sub-court No.II,
Court of Small Causes, Chennai.
2. The United India Insurance Company Limited,
https://www.mhc.tn.gov.in/judis
Third Party Hub, Silinghi Building
No.134, Greams Road, Chennai 600 006.
3. The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
bga
30.09.2024
https://www.mhc.tn.gov.in/judis
