Madras High Court
Nandhini vs K.Vadivel on 12 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1894 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1894 of 2024
Senthilkumar (Died)
1. Nandhini
2.Manikandan
3.Aravindhan ... Appellants
vs.
1. K.Vadivel
2. M/s.National Insurance Company Limited,
Having Divisional Office at
Door No.19/B, S.R. Complex, Rajamani Thottam,
Bhavani Main Road, Sankari Taluk, Salem District,
Having Divisional Office at
No.1, TP Hub, 2nd Floor, LRN Building,
LRN Colony, Saradha College Main Road,
Salem. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 02.11.2021 in
M.C.O.P. 24 of 2020 on the file of the Motor Accident Claims Tribunal,
Special District Court, Salem.
1/10
https://www.mhc.tn.gov.in/judis
CMA.No.1894 of 2024
For Appellants : Mr.R.Navaneetha Krishnan
For R2 : Mr.J.Michael Visuvasam
JUDGMENT
The appellants are the claimants in M.C.O.P. 24 of 2020 on the
file of the Motor Accident Claims Tribunal, Special District Court, Salem.
They filed the claim petition under Section 166 of the Motor Vehicles Act,
1988 seeking compensation of Rs.60,00,000/- for the death of one Uma @
Umarani (wife of claimant 1 (since deceased) and mother of claimants 2
to 4), in a road accident that took place on 03.07.2019.
2. The brief case of the appellants / claimants is as follows :
On 03.07.2019, Uma @ Umarani (since deceased) was riding a
two wheeler bearing Registration Number TN-90-B-5067 on Thirumagal
Bypass Road and at about 6.55 hours, a speeding lorry bearing
Registration Number TN-52-H-5384 belonging to the first respondent, hit
the two wheeler driven by Uma @ Umarani (deceased), as a result of
which, she sustained grievous injuries all over her body. She was
immediately rushed to Government Hospital, Salem. However, she died on
the way to hospital.
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3. According to the claimants, the rash and negligent driving of
the driver of the lorry bearing Registration Number TN-52-H-5384 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.
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 further held that the
owner of the lorry and the insurer are jointly and severally liable to pay
compensation of Rs.21,50,680/- 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 02.11.2021.
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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.R.Navaneetha Krishnan, learned counsel appearing
for the appellants and Mr.J.Michael Visuvasam, learned counsel appearing
for the second respondent.
8. Mr.R.Navaneetha Krishnan, learned counsel appearing for
the appellants contended that the Tribunal did not add 40% of the income
towards future prospects as per the decision of the Constitution Bench of
the Honourable Supreme Court of India in National Insurance
Company Limited Vs. Pranay Sethi and others reported in 2017 (2)
TNMAC 601. He therefore, prayed for enhancement of compensation.
9. Per contra Mr.J.Michael Visuvasam, learned counsel
appearing for the second respondent drew the attention of this Court to the
pay slip (Ex.P5) of the deceased and contended that a sum of Rs.3,015/- is
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added towards conveyance and therefore, this amount should not be
included while computing the monthly income of the deceased. He also
contended that the salary particulars issued by Meenakshi India Garments
Company Limited, Salem, has not been substantiated by adducing
acceptable evidence and in the circumstances, fixing monthly income of
the deceased as Rs.16,714/- is wrong.
10. A perusal of the salary slip (Ex.P5) shows that the monthly
salary of the deceased is Rs.16,714/- and this includes conveyance amount
of Rs.3,015/-. The conveyance amount varies from month to month and is
not fixed. One Velmurugan (P.W.2) was examined to prove the contents
of the salary slip (Ex.P5). However, he did not produce any relevant
Records and Registers from Meenkashi India Garments Company
Limited, Salem. The deceased was aged 37 years on the date of accident
and the accident took place in the year 2019. Therefore, this Court is of
the opinion that fixing notional monthly income of the deceased as
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
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prospects of the deceased. Since there are three dependents, 1/4th of the
deceased's income should be deducted towards her personal expenses. The
deceased was aged 37 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 121.
Calculation
Notional Income = Rs.15,000/-
40% Future Prospects = Rs.21,000/-
After 1/4 deduction = Rs.15,750/-
Loss of dependency
= Rs.15,750/- x 12 x 15
= Rs.28,35,000/-
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.30,25,000/- ( 28,35,000 + 1,60,000
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+ 15,000 + 15,000= 30,25,000) as shown in the following tabular column.
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.28,35,000/-
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.30,25,000/-
11. The compensation awarded by the Tribunal is enhanced to
Rs.30,25,000/- 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 to
Rs.30,25,000/-.
iii. The appellants / claimants are directed to pay the court fee for the
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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 first respondent and the second respondent, the National
Insurance Company Limited is directed to deposit the enhanced
compensation amount i.e., Rs.30,25,000/- (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. 24 of 2020 on the file of the Motor Accident
Claims Tribunal, Special District Court, Salem.
v. Apportionment :
1st claimant / Daughter Rs.15,25,000/-
(with interest and costs)
2nd claimant / Son Rs.7,50,000/-
3rd claimant / Son Rs.7,50,000/-
vi. The claimants are at liberty to withdraw their respective shares after
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following due process of law.
vii.The appellants/claimants are not entitled to claim interest for the
period of delay of 575 days in filing this appeal.
12.09.2024
Index : Yes/No
Speaking/Non-speaking order
mtl
To
1.The Motor Accident Claims Tribunal,
Special District Court, Salem.
2. National Insurance Company Limited,
Having Divisional Office at
Door No.19/B, S.R. Complex, Rajamani Thottam,
Bhavani Main Road, Sankari Taluk, Salem District,
Having Divisional Office at
No.1, TP Hub, 2nd Floor, LRN Building,
LRN Colony, Saradha College Main Road,
Salem.
3.The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
mtl
12.09.2024
https://www.mhc.tn.gov.in/judis
