Madras High Court
R.Saminathan vs Greenways Shipping Agencies (P) Ltd on 20 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.2882 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.2882 of 2023
1. R.Saminathan
2. R.Selvaraj
3. S.Kavitha ... Appellants
vs.
1. Greenways Shipping Agencies (P) Ltd.,
13, Armenian Street,
Chennai - 600 001.
2. United India Insurance Co. Ltd.,
T.P.Claims Hub,
Silingi Buildings,
New No.134, Old No.40-42,
Greams Road,
Chennai - 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 59 of 1988, against the Award dated 15.02.2023 in
M.C.O.P.423/2020 on the file of the Motor Accident Claims Tribunal,
Chief Judge, Small Causes Court, Chennai.
For Appellants : Mr.V.Balamurugan
For R2 : Mr.P.Sankaranarayanan
1/10
https://www.mhc.tn.gov.in/judis
CMA.No.2882 of 2023
JUDGMENT
The appellants are the claimants in M.C.O.P.423/2020 on the
file of the Motor Accident Claims Tribunal, Chennai. They filed the claim
petition under Section 166 of the Motor Vehicles Act, 1988 and Rule 3 of
M.A.C.T. Rules, seeking compensation of Rs.20,00,000/- for the death of
their mother R.Muthumari in a road accident that occurred on 09.01.2020.
2. The brief case of the appellants / claimants is as follows :
On 09.01.2020, R.Muthumari (deceased) was walking along
Ennore Express Road and at about 9.00 a.m., when she was nearing
Kamadevan Nagar junction, a speeding lorry bearing Registration number
TN 04 AR 0606, hit her, resulting in instantaneous death.
3. According to the claimants, the rash and negligent driving of
the driver of the lorry bearing registration number TN 04 AR 0606 was
the cause of the accident and that since the said lorry was insured with the
second respondent, the United India Insurance Company Limited, the
owner and the insurer are jointly and severally liable to pay compensation
to them.
https://www.mhc.tn.gov.in/judis
4. In the Tribunal, the owner of the vehicle remained absent and
was set exparte. 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, vide its
orders dated 15.02.2023, fastened negligence on the part of the driver of
the lorry and directed the second respondent, the United India Insurance
Company Limited to pay compensation of Rs.8,61,000/- together with
interest at the rate of 7.5% per annum from the date of petition till the date
of realisation. The Tribunal also held that the liability of the owner of the
lorry 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.V.Balamurugan, learned counsel appearing for the
appellants and Mr.P.Sankaranarayanan, learned counsel for the second
respondent.
https://www.mhc.tn.gov.in/judis
8. Mr.V.Balamurugan, learned counsel appearing for the
appellants contended that the deceased, aged 53 years, was working as an
Assistant in Jai Anjaneya Transport, earning a sum of Rs.12,000/- per
month. However, the Tribunal had fixed a sum of Rs.10,000/- towards
monthly notional income and deducted 50% towards her personal
expenses though there are three dependents. He, therefore prayed for
enhancement of compensation.
9. Per contra Mr.P.Sankaranarayanan, 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, R.Muthumari (deceased) aged
53 years, was working as an Assistant in Jai Anjaneya Transport, earning
a sum of Rs.12,000/- per month. In the absence of income proof, the
Tribunal fixed the notional monthly income of the deceased as
Rs.10,000/- and had deducted 50% towards personal expenses of the
https://www.mhc.tn.gov.in/judis
deceased. The contention of the learned counsel for the appellants is that
when there are three claimants, the Tribunal was wrong in deducting 50%
towards personal expenses. This cannot be accepted for the simple reason
that the claimants are grown up sons aged between 34 and 38 and they
were not depending on the income of their mother though she would have
contributed some amount for his sons. Hence, 50% deduction towards the
personal expenses of the deceased by the Tribunal is perfectly in order.
11. It is pertinent to point out that the accident took place in the
year 2020 and the deceased was aged 53 years. Considering the year of
accident and the age of the deceased, this Court is of the opinion that
fixing notional monthly income of the deceased as Rs.12,000/- 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, 10% is added towards future prospects of the
deceased. Since the claimants are grown up sons and daughters, 50% of
the deceased's income is deducted towards her 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
https://www.mhc.tn.gov.in/judis
and another reported in (2009) 6 SCC 121.
Calculation :
Notional Income = Rs.12,000/-
after adding 10% Future Prospects = Rs.13,200/-
After 1/2 deduction = Rs.6,600/-
Loss of dependency :
= Rs.6,600/- x 12 x 11
= Rs.8,71,200/-
In addition to that the claimants are entitled to Rs.1,20,000/- (40,000/-x3),
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.10,21,200/- (8,71,200 + 1,20,000 +
15,000 + 15,000 = 10,21,200) as shown in the following tabular column:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.8,71,200 /-
2. Loss of consortium Rs.1,20,000/-
(Rs.40,000/- x 3)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
https://www.mhc.tn.gov.in/judis
S.No. Head Amount granted
by this court
Total Rs.10,21,200/-
12. The compensation awarded by the Tribunal is enhanced to
Rs.10,21,200/- that would carry interest at the rate of 7.5% per annum.
13. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.10,21,200/-.
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 United India Insurance Company Limited) is joint
and several and the second respondent is directed to deposit the
enhanced compensation amount i.e., Rs.10,21,200/- (less the
amount already deposited) together with interest at the rate of 7.5%
https://www.mhc.tn.gov.in/judis
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.423/2020 on the file of the
Motor Accident Claims Tribunal, Chief Judge, Small Causes Court,
Chennai.
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.
20.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
To
1.The Motor Accidents Claims Tribunal,
Chief Judge, Small Causes Court,
Chennai.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
vum
https://www.mhc.tn.gov.in/judis
20.09.2024
https://www.mhc.tn.gov.in/judis
