Madras High Court
P.Kumaran vs S.Veerasekar on 18 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
C.M.A.No.522 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.522 of 2023
1. P.Kumaran
2. K.Abirami ... Appellants
vs.
1. S.Veerasekar
2. The Manager,
Cholamandalam MS General Insurance Company Limited,
II Floor, Shaw Wallace Building,
No.154, Thambu Chetty Street, Parry's Corner,
Chennai - 600 001. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the decree and judgment dated
30.11.2022 in M.C.O.P.1375 of 2019 on the file of the Motor Accident
Claims Tribunal, Principal District Court, Cuddalore.
For Appellants : Ms.Ramya V. Rao
For R2 : Ms.R.Sreevidhya
1/9
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C.M.A.No.522 of 2023
JUDGMENT
The appellants are the claimants in M.C.O.P.1375 of 2019 on the
file of the Motor Accident Claims Tribunal, Cuddalore. They filed the
claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking
compensation of Rs.25,00,000/- for the death of their minor daughter
Ashmita, in a road accident that occurred on 17.05.2019.
2. The brief case of the appellants / claimants is as follows :
On 17.05.2019, Ashmita (since deceased) aged 6 years was
travelling as a pillion rider in a two wheeler bearing Registration Number
TN-91-E-2810 on Cuddalore - Chidambaram Main Road and at about
8.00 a.m., a speeding Honda Dio two wheeler bearing Registration
Number TN-31-CA-4756 belonging to the first respondent, hit the two
wheeler, as a result of which, Ashmita fell down and sustained grievous
injuries all over her body. She was immediately rushed to Government
Head Quarters Hospital, Cuddalore. However, she died on the way to
hospital.
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3. According to the claimants, the rash and negligent driving of
the rider of the two wheeler bearing Registration Number TN-31-CA-4756
was the cause of the accident and that since the said vehicle was insured
with the second respondent, the Cholamandalam MS General 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 two wheeler 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 rider of the two wheeler bearing
Registration Number TN-31-CA-4756. Since the rider of the two wheeler
did not have a driving license, the Tribunal directed the second respondent
Insurance Company to pay compensation of Rs.5,00,000/- to the
claimants together with interest at the rate of 8% per annum from the date
of petition till the date of realisation, in the first instance and then recover
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the same from the owner of the vehicle, vide its orders dated 30.11.2022.
6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the claimants have filed the present appeal under Section 173 of
the Motor Vehicles Act, 1988.
7. Heard Ms.Ramya V. Rao, learned counsel appearing for the
appellants and Ms.R.Sreevidhya, learned counsel appearing for the second
respondent.
8. Ms.Ramya V. Rao, learned counsel for the appellants
contended that the Tribunal has not awarded just compensation and
therefore, prayed for enhancement of compensation.
9. Per contra, Ms.R.Sreevidhya, 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.
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10. In Kishan Gopal and another vs. Lala and others reported
in 2013 (2) TN MAC 358, the Hon'ble Supreme Court fixed the notional
income of a minor child as Rs.30,000/- per annum and granted a sum of
Rs.50,000/- under the other conventional heads. The accident in Kishan
Gopal and another vs. Lala and others (cited supra) happened in the
year 1992. In the present case, considering the passage of time and the age
of the victim child, fixing Rs.5,000/- per month as notional income of the
deceased would meet the ends of justice. The proper multiplier to be
adopted in the instant case is 15, as per the decision in Sarla Verma and
others vs. Delhi Transport Corporation and another reported in (2009)
6 SCC 121. Calculation for loss of dependency is worked out here under.
Calculation :
Notional Monthly Income = Rs.5,000/- x 12 = Rs.60,000/-
Loss of dependency :
= Rs.60,000/- x 15
= Rs.9,00,000/-
In addition to that the claimants are entitled to Rs.80,000/- (40,000 x 2),
Rs.15,000/- and Rs.15,000/- towards "Loss of Consortium, Funeral
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Expenses and Loss of Estate" respectively as per the decision in National
Insurance Company Limited Vs. Pranay Sethi and others (cited supra).
Thus, the claimants are entitled to a total compensation of Rs.10,10,000 /-
(9,00,000 + 80,000 +15,000 +15,000 = 10,10,000) as shown in the
following tabular column.
S.No. Head Amount granted
by this court (Rs.)
1. Loss of dependency 9,00,000/-
2. Loss of consortium 80,000/-
3. Funeral expenses 15,000/-
4. Loss of Estate 15,000/-
Total 10,10,000/-
11. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.10,10,000/- 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
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Rs.10,10,000/-.
iii. The appellants / claimants are directed to pay the 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 / Cholamandalam MS General Insurance
Company Limited is directed to deposit a sum of Rs.10,10,000/-
(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 / uploading of this order to the credit of
M.C.O.P.1375 of 2019 on the file of the Motor Accident Claims
Tribunal, Cuddalore, in the first instance and then recover the same
from the owner of the vehicle under the same cause of action.
v. On such deposit being made, the appellants / claimants are at liberty
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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.
18.09.2024
Index : Yes/No
Speaking/Non-speaking order
mtl
To
1. The Motor Accident Claims Tribunal,
Principal District Court, Cuddalore.
2. The Manager,
Cholamandalam MS General Insurance Company Limited,
II Floor, Shaw Wallace Building,
No.154, Thambu Chetty Street, Parry's Corner,
Chennai - 600 001.
3. The Section Officer, V.R. Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
mtl
18.09.2024
https://www.mhc.tn.gov.in/judis
