S.Subagirivasan vs K.Suresh
2024 Latest Caselaw 18013 Mad

Citation : 2024 Latest Caselaw 18013 Mad
Judgement Date : 10 September, 2024

Madras High Court

S.Subagirivasan vs K.Suresh on 10 September, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                     CMA.No.2931 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 10.09.2024

                                                           CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                     C.M.A.No.2931 of 2023

                     1. S.Subagirivasan

                     2. Nithish Subramanian                                    ... Appellants
                                                              vs.
                     1. K.Suresh

                     2. United India Insurance Company Limited,
                     Silingi Building, 4th Floor,
                     Motor Third Party Claims Hub,
                     No.132, Greams Road,
                     Chennai - 600 006.                                       ... Respondents


                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Award dated 06.09.2022 in
                     M.C.O.P. 7602 of 2018 on the file of the Motor Accident Claims Tribunal,
                     II Small Causes Court, Chennai.


                                    For Appellants       : Ms.M.Abbiraami
                                    For R2               : Ms.R.Rathnathara




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https://www.mhc.tn.gov.in/judis
                                                                                      CMA.No.2931 of 2023


                                                   JUDGMENT

The appellants are the claimants in M.C.O.P. 7602 of 2018 on

the file of the Motor Accident Claims Tribunal, II Small Causes Court,

Chennai. They filed the claim petition under Section 166 of the Motor

Vehicles Act, 1988 seeking compensation of Rs.28,00,000/- for the death

of one Ganga (wife of the first claimant and mother of second claimant) in

a road accident that took place on 02.07.2018.

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

On 02.07.2018, Ganga (since deceased) was riding a two

wheeler bearing Registration Number TN-22-CF-3044 on Pallavaram 200

feet Radial Road. When she was nearing Prethvika Mahal, a van bearing

Registration Number TN-18-K-0672 came in the opposite direction and

hit the two wheeler driven by Ganga (deceased), resulting in her

instantaneous death.

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

the driver of the van bearing Registration Number TN-18-K-0672 was the

cause of the accident and that since the said vehicle was insured with the

second respondent, the United India Insurance Company Limited, the

https://www.mhc.tn.gov.in/judis

owner and the insurer are jointly and severally liable to pay compensation

to them.

4. In the Tribunal the owner of the van 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 van and awarded compensation

of Rs.16,33,000/- 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 06.09.2022.

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 Ms.M.Abbiraami, learned counsel appearing for the

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appellants and Ms.R.Rathnathara, learned counsel appearing for the

second respondent.

8. Ms.M.Abbiraami, learned counsel appearing for the

appellants contended that though the deceased was earning a sum of

Rs.15,000/- per month as a fashion designer, the Tribunal fixed the

notional monthly income of the deceased only as Rs.9,000/-. She

therefore, prayed for enhancement of the notional monthly income of the

deceased.

9. Per contra Ms.R.Rathnathara, 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. A perusal of the salary certificate (Ex.P8) dated 01.10.2018

issued by the proprietor of Floral Designers and Tailors shows that Ganga

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(deceased) was receiving a sum of Rs.15,000/- per month. However, the

claimants have not proved Ex.P8 by examining the person who issued the

salary certificate. In the absence of 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.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.

Since there are two dependents, 1/3rd of the deceased's income should be

deducted towards her personal expenses. The deceased was aged 36 years

on the date of accident and the proper multiplier to be adopted in the

instant case is 15 as per the decision rendered in Sarla Verma and others

vs. Delhi Transport Corporation and another reported in (2009) 6 SCC

Calculation

Notional Income = Rs.15,000/-

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40% Future Prospects = Rs.21,000/-

After 1/3 deduction = Rs.14,000/-

Loss of dependency

= Rs.14,000/- x 12 x 15

= Rs.25,20,000/-

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). Thus, the claimants are

entitled to a total compensation of Rs.26,30,000/- ( 25,20,000 + 80,000 +

15,000 + 15,000= 26,30,000) as shown in the following tabular column.

                                       S.No.               Head             Amount granted
                                                                             by this court
                                  1.           Loss of dependency           Rs.25,20,000/-
                                  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.26,30,000/-

11. Thus, the compensation awarded by the Tribunal is enhanced

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from Rs.16,33,000/- to Rs.26,30,000/- 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.16,33,000/- to Rs.26,30,000/-.

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.