Madras High Court
A.Meena vs M.Veerabathiran on 2 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2339 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2339 of 2024
1. A.Meena
2. P.Lalitha ... Appellants
vs.
1. M.Veerabathiran
2. Reliance General Insurance Company Limited,
Reliance House, 6th Floor,
No.6, Haddows Road, Nungambakkam,
Chennai – 6.
3. M.Murugan ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 26.07.2023 in
M.C.O.P.2811 of 2017 on the file of the Motor Accident Claims Tribunal,
Special Sub Judge No.1, Small Causes Court, Chennai.
For Appellants : Mr.V.Tamilamudhu
For R2 : Ms.G.Sukumari
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.2339 of 2024
JUDGMENT
The appellants are the claimants in M.C.O.P.2811 of 2017 on
the file of the Motor Accident Claims Tribunal, Small Causes Court,
Chennai. They filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation of Rs.75,00,000/- for the death
of one Saraviyammal, (the mother of claimants) in a road accident that
took place on 29.11.2016.
2. The brief case of the appellants / claimants is as follows :
On 29.11.2016, Saraviyammal (since deceased) was travelling
as a pillion rider in a motorcycle bearing Registration Number TN-19-B-
6069 on Karunilam – Ammapettai Road. When they were nearing VGP
Nagar, Chinnamarudheri, the driver of the two wheeler drove the vehicle
in a rash and negligent manner, as a result of which, Saraviyammal fell
down and sustained injuries. She was immediately rushed to Sathyasai
Hospital, Ammapettai. However, she succumbed to injuries on
04.12.2016.
3. According to the claimants, the rash and negligent driving of
https://www.mhc.tn.gov.in/judis
the driver of the two wheeler bearing Registration Number TN-19-B-6069
belonging to the first respondent was the cause of the accident and that
since the said vehicle was insured with the second respondent, the
Reliance General Insurance Company Limited, the owner of the two
wheeler and the insurer are jointly and severally liable to pay
compensation to them.
4. In the Tribunal, the respondents 1 and 3 remained absent
and were 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 driver of the two wheeler and awarded
compensation of Rs.10,78,000/- to the appellants/claimants together with
interest at the rate of 7.5% per annum from the date of petition till the date
of realisation, vide its orders dated 26.07.2023.
6. Aggrieved over the quantum of compensation awarded by the
https://www.mhc.tn.gov.in/judis
Tribunal, the appellants / claimants have filed the present appeal under
Section 173 of the Motor Vehicles Act, 1988.
7. Heard Mr.V.Tamilamudhu, learned counsel appearing for the
appellants and Ms.G.Sukumari, learned counsel appearing for the second
respondent.
8. In the claim petition, it is contended that the deceased was
aged about 52 years and was a construction worker earning a sum of
Rs.15,000/- per month. In the absence of proof of income, the Tribunal
fixed the notional monthly income of the deceased as Rs.10,000/-.
Considering the age of the victim and the year of the accident, this Court
is of the opinion that fixing the notional monthly income of the deceased
at Rs.14,000/- 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, 10% is added towards future
prospects of the deceased. Since there are two dependents, 1/3rd of the
deceased's income is deducted towards her personal expenses. The proper
multiplier to be adopted in the instant case is 11 as per the decision
rendered in Sarla Verma and others vs. Delhi Transport Corporation
https://www.mhc.tn.gov.in/judis
and another reported in (2009) 6 SCC 121.
Calculation :
Notional Income = Rs.14,000/-
10% Future Prospects = Rs.15,400/-
Loss of dependency :
= Rs.13,55,200/-
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). Thus, the claimants are
entitled to a total compensation of Rs.14,65,200/- ( 13,55,200 + 80,000 +
15,000 + 15,000= 14,65,200) as shown in the following tabular column.
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.13,55,200/-
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.14,65,200/-
https://www.mhc.tn.gov.in/judis
9. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.10,78,000/- to Rs.14,65,200/- which would carry interest at the
rate of 7.5% per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.10,78,000/- to Rs.14,65,200/-.
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 Reliance General Insurance Company
Limited is directed to deposit the compensation amount i.e.,
Rs.14,65,200/- (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 to the credit of
M.C.O.P.2811 of 2017 on the file of the Motor Accident Claims
https://www.mhc.tn.gov.in/judis
Tribunal, Special Sub Judge No.1, Small Causes Court, Chennai.
v. On such deposit being made, the appellants / claimants are at liberty
to withdraw the same as per the orders passed by the Tribunal after
following due process of law. The ratio of apportionment made by
the Tribunal shall be kept intact. The appellants/claimants are not
entitled to claim any interest for the period of delay of 187 days in
filing this appeal.
02.09.2024
Index : Yes/No
Speaking/Non-speaking order
mtl
To
1.The Motor Accidents Claims Tribunal,
Special Sub Judge No.1, Small Causes Court, Chennai.
2. Reliance General Insurance Company Limited,
https://www.mhc.tn.gov.in/judis
Reliance House, 6th Floor,
No.6, Haddows Road, Nungambakkam,
Chennai – 6.
3.The Section Officer, VR Section, Madras High Court, Chennai.
R.HEMALATHA, J.
mtl
https://www.mhc.tn.gov.in/judis
02.09.2024
https://www.mhc.tn.gov.in/judis
