Madras High Court
Kathar Bathu vs Rukmani on 13 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.2483 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.2483 of 2024
1. Kathar Bathu
2. Mohammed Dhanveer
3. Mohammed Jinna
4. Parveen banu ... Appellants
vs.
1. Rukmani
2. M/s.New India Assurance Company Ltd.,
No.184, Coimbatore Main Road,
Dasampalayam, Metupalayam,
Tamil Nadu - 641 301. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 20.06.2024 in
M.C.O.P.155/2023 on the file of the Motor Accident Claims Tribunal,
Special Sub Court, Mettupalayam, Coimbatore.
For Appellants : Mr.M.Sivakumar
For R2 : Mr.J.Chandran
JUDGMENT
The appellants are the claimants in M.C.O.P.155/2023 on the
file of the Motor Accident Claims Tribunal, Mettupalayam. They filed the
claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking
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compensation of Rs.49,00,000/- for the death of one Syed Ali, (husband of
the first claimant and father of the claimants 2 to 4) in a road accident
which happened on 29.06.2023.
2. The brief case of the appellants / claimants is as follows :
On 29.06.2023, Syed Ali (deceased) was riding a two-wheeler
bearing Registration number TN 42Q 0382 on Periyaputhur - Kaaramadai
road. When he was nearing Senni veerampalayam, a speeing car bearing
Registration number TN 37 BT 1746, hit the two wheeler, resulting in the
instantaneous death of Syed Ali.
3. According to the claimants, the rash and negligent driving of
the driver of the Car bearing registration number TN 37 BT 1746 was the
cause of the accident and that since the said Car was insured with the
second respondent, the New India Assurance 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 vehicle remained absent and
was set exparte. The second respondent resisted the claim petition on all
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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 Car and directed the second
respondent, the New India Assurance Company Limited to pay
compensation of Rs.15,70,250/- together with interest at the rate of 5.5%
per annum from the date of petition till the date of realisation, vide its
orders dated 20.06.2024. The Tribunal also held that the liability of the
owner of the Car and the insurer is joint and several.
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.
7. Heard Mr.M.Sivakumar, learned counsel appearing for the
appellants and Mr.J.Chandran, learned counsel for the second respondent.
8. Mr.M.Sivakumar, learned counsel appearing for the
appellants contended that the deceased, aged 54 years, was owning a tea
shop, earning a sum of Rs.30,000/- per month. However, the Tribunal had
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fixed a very meagre sum of Rs.12,500/-, as his monthly notional income.
He further contended that the Tribunal had awarded interest only at the
rate of 5.5% per annum. He, therefore prayed for enhancement of
compensation and the interest rate.
9. Per contra Mr.J.Chandran, learned counsel appearing for the
second respondent, contended that the Award passed by the Tribunal is
based on well laid 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. According to the claimants, Syed Ali (deceased) was a tea
shop owner, earning a sum of Rs.30,000/- per month. In the absence of
income proof, the Tribunal fixed the notional monthly income of the
deceased as Rs.12,500/-. It is pertinent to point out that the accident took
place in the year 2023 and the deceased was aged 54 years. In the facts
and circumstances, this Court is of the opinion that fixing notional
monthly income of the deceased as Rs.16,000/- would meet the ends of
justice. As per the decision of the Supreme Court of India in National
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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 four dependents, 1/4th is deducted towards his 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
and another reported in (2009) 6 SCC 121.
Calculation :
Notional Income = Rs.16,000/-
after adding 10% Future Prospects = Rs.17,600/-
After 1/4 deduction = Rs.13,200/-
Loss of dependency :
= Rs.13,200/- x 12 x 11
= Rs.17,42,400/-
In addition to that the claimants are entitled to Rs.1,76,000/- (44,000/-x 4),
Rs.16,500/- and Rs.16,500/- 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.19,51,400/- (17,42,400 + 1,76,000
+ 16,500 + 16,500 = 19,51,400) as shown in the following tabular column:
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S.No. Head Amount granted
by this court
1. Loss of dependency Rs.17,42,400 /-
2. Loss of consortium Rs.1,76,000/-
(Rs.44,000/- x 4)
3. Funeral expenses Rs.16,500/-
4. Loss of Estate Rs.16,500/-
Total Rs.19,51,400/-
11. The compensation awarded by the Tribunal is enhanced to
Rs.19,51,400/- 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.15,70,250/- to Rs.19,51,400/-.
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 liability of the first respondent (owner) and the second
respondent (the New India Assurance Company Limited) is joint
and several and the second respondent is directed to deposit the
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enhanced compensation amount i.e., Rs.19,51,400/- (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.155/2023 on the file of the Motor
Accident Claims Tribunal, Special Sub Court, Mettupalayam,
Coimbatore.
v. On such deposit being made, the 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.
13.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
1.The Motor Accidents Claims Tribunal,
Special Sub Court, Mettupalayam, Coimbatore.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
13.09.2024
https://www.mhc.tn.gov.in/judis
