Madras High Court
T.Muthumangai vs G.Gothandan on 10 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.85 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.85 of 2024
1. T.MuthuMangai
2. V.Barshalia (minor)
(minor represented by her mother and
natural guardian T.MuthuMangai first appellant)
3.A.Anandan
4.A.Chiristumani ... Appellants
vs.
1. G.Gothandan
2. L & T General Insurance Company Limited,
6th Floor, Trade Center,
Bandra kurla Complex,
Mumbai - 400 027.
Now merged with
The Manager,
HDFC Ergo General Insurance Company Limited,
RR Towers II, 2nd Floor,
No.94/95, T.V.K. Industrial Estate,
Guindy, Chennai - 600 032. ... Respondents
1/10
https://www.mhc.tn.gov.in/judis
CMA.No.85 of 2024
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 13.10.2022 in
M.C.O.P. 6627 of 2016 on the file of the Motor Accident Claims Tribunal,
V Small Causes Court, Chennai.
For Appellants : Mr.T.G.Ravichandran
For R2 : Ms.C.Harini
for M/s.M.B.Gopalan Associates
JUDGMENT
The appellants are the claimants in M.C.O.P. 6627 of 2016 on
the file of the Motor Accident Claims Tribunal, V Small Causes Court,
Chennai. They filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation of Rs.55,00,000/- for the death
of one Vijay (the husband of first claimant, father of second claimant and
the son of claimants 3 and 4) in a road accident that took place on
30.07.2016.
2. The brief case of the appellants / claimants is as follows :
On 30.07.2016, Vijay (since deceased) was riding a two wheeler
bearing Registration Number TN-07-CA-4100 near the junction of Rajiv
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Gandhi Road and Corporation Road and at about 02.30 hours, a speeding
lorry bearing Registration Number TN-01-H-7407 hit the two wheeler
driven by Vijay (deceased), resulting in his instantaneous death.
3. According to the claimants, the rash and negligent driving of
the driver of the lorry bearing Registration Number TN-01-H-7407 was
the cause of the accident and that since the said vehicle was insured with
the second respondent, Insurance Company, the owner and the insurer are
jointly and severally liable to pay compensation to them.
4. In the Tribunal the owner of the lorry remained absent and
was set ex parte. 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 and awarded compensation
of Rs.21,25,800/- 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,
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vide its orders dated 13.10.2022.
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.T.G.Ravichandran, learned counsel appearing for
the appellants and Ms.C.Harini, learned counsel appearing for the second
respondent.
8. Mr.T.G.Ravichandran, learned counsel appearing for the
appellants contended that though the deceased was working as a
supervisor in a private bar earning a sum of Rs.20,000/- per month as
evidenced by the Appointment Order (Ex.P28) and Attendance Register
(Ex.P29), the Tribunal fixed the notional monthly income of the deceased
only as Rs.9,000/-. He therefore, prayed for enhancement of the notional
monthly income of the deceased.
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9. Per contra Ms.C.Harini, 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. In the appointment order (Ex.P28) the proposed salary of
the deceased is mentioned as Rs.20,000/- per month. However, the
claimants have not proved Ex.P28 by examining the person who issued
the appointment order. In the absence of satisfactory income proof, the
Tribunal fixed the notional monthly income of the deceased as Rs.9,000/-.
Considering the age of the victim and the year of the accident, this Court is
of the opinion that fixing 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, 40% is added towards future
prospects of the deceased. Since there are four dependents, 1/3rd of the
deceased's income should be deducted towards his personal expenses. The
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deceased was aged 28 years on the date of accident and the proper
multiplier to be adopted in the instant case is 17 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.14,000/-
40% Future Prospects = Rs.19,600/-
After 1/3 deduction = Rs.13,066/-
Loss of dependency
= Rs.13,066/- x 12 x 17
= Rs.26,65,464/-
In addition to that the claimants are entitled to Rs.1,60,000/- (40,000 x 4),
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.28,55,464/- ( 26,65,464 + 1,60,000
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+ 15,000 + 15,000= 28,55,464) as shown in the following tabular column.
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.26,65,464/-
2. Loss of consortium Rs.1,60,000/-
(Rs.40,000/- x 4)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
Total Rs.28,55,464/-
11. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.21,25,800/- to Rs.28,55,464/- which 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 from
Rs.21,25,800/- to Rs.28,55,464/-.
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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, Insurance Company is directed to deposit
the enhanced compensation amount i.e., Rs.28,55,464/- (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. 6627 of 2016 on the file of the
Motor Accident Claims Tribunal, V Small Causes Court, Chennai.
v. Apportionment :
1st claimant / Wife Rs.6,55,464/-
(with interest and costs)
2nd claimant / Daughter Rs.15,00,000/-
(Minor)
3rd claimant / Mother Rs.5,00,000/-
4th claimant / Father Rs.2,00,000/-
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vi. The compensation amount of the minor claimant viz., V.Barshalia
shall be deposited in any one of the Nationalised Bank till she
attains majority. The claimants 1, 3 and 4 are at liberty to withdraw
their respective shares after following due process of law.
10.09.2024
Index : Yes/No
Speaking/Non-speaking order
mtl
To
1.The Motor Accidents Claims Tribunal,
II Small Causes Court, Chennai.
2. United India Insurance Company Limited,
Silingi Building, 4th Floor,
Motor Third Party Claims Hub,
No.132, Greams Road,
Chennai - 600 006.
3.The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
mtl
10.09.2024
https://www.mhc.tn.gov.in/judis
