Madras High Court
Anjali vs R.Premkumar on 24 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.1587 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.1587 of 2024
1. Anjali
2. Rajendran ... Appellants
vs.
1. R.Premkumar
2. United India Insurance Company Limited,
D.O.T.P. Cell No.134, Greams Road,
Chennai - 600 006. ...
Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 21.12.2023 in
M.C.O.P.3696/2019 on the file of the Motor Accident Claims Tribunal,
Chief Judge, Court of Small Causes, Chennai.
For Appellants : Mr.U.Chithambaram
For R2 : Mr.D.Bhaskaran
JUDGMENT
The appellants are the claimants in M.C.O.P.3696/2019 on the
file of the Motor Accident Claims Tribunal, Chennai. They filed a claim
petition under Section 166 of the Motor Vehicles Act and Rule 3 of the
M.A.C.T. Rules seeking compensation of Rs.50,00,000/- for the death of
their son R.Rajavarman in a road accident that occurred on 13.06.2019.
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2. The brief case of the appellants / claimants is as follows :
On 13.06.2019, R.Rajavarman (deceased) was travelling as a
pillion rider in a two-wheeler bearing Registration number TN-06-X-1582
on Pondicherry - Chennai ECR Road. When he was nearing Keelpettai,
the rider of the two wheeler drove the vehicle rashly and negligently and
hit a Government bus bearing Registration number TN-21-N-1824 that
was coming in the opposite direction, R.Rajavarman was thrown out of the
two wheeler and died on spot.
3. According to the claimants, the rash and negligent driving of
the rider of the two wheeler bearing Registration number TN-06-X-1582
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 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
the grounds available to the insurer under Section 170 of the Motor
Vehicles Act.
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5. The Tribunal after analysing the evidence on record, fastened
negligence on the rider of the two wheeler bearing Registration number
TN-06-X-1582 and directed the second respondent, the United India
Insurance Company Limited to pay compensation of Rs.19,35,000/-
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 two wheeler 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.U.Chithambaram, learned counsel appearing for
the appellants and Mr.D.Bhaskaran, learned counsel for the second
respondent.
8. Mr.U.Chithambaram, learned counsel appearing for the
appellants/claimants contended that the deceased, aged 24 years was a
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Carpenter, earning a sum of Rs.30,000/- p.m. However, the Tribunal had
fixed a meagre sum of Rs.12,000/- as his monthly notional income. He,
therefore prayed for enhancing the notional income of the deceased.
9. Per contra Mr.D.Bhaskaran, 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.Rajavarman (deceased) aged
24 years, was a Carpenter, earning a sum of Rs.30,000/- per month. In the
absence of satisfactory income proof, the Tribunal fixed the notional
monthly income of the deceased as Rs.12,000/-. It is pertinent to point out
that the accident took place in the year 2019 and in the facts and
circumstances, 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 prospects of the deceased. The deceased died as a
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bachelor and hence, 50% is deducted towards his personal expenses. The
proper multiplier to be adopted in the instant case is 18 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/-
after adding 40% Future Prospects = Rs.21,800/-
After 1/2 deduction = Rs.10,500/-
Loss of dependency:
= Rs.10,500/- x 12 x 18
= Rs.22,68,000/-
In addition to that the claimants are entitled to Rs.80,000/- (40,000/-x2),
Rs.15,000/- and Rs.15,000/- towards 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.23,78,000/- (22,68,000 + 80,000 +
15,000 + 15,000 = 23,78,000) as shown in the following tabular column:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs. 22,68,000 /-
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S.No. Head Amount granted
by this court
2. Loss of consortium Rs.80,000/-
(Rs.44,000/- x 4)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
Total Rs.23,78,000/-
11. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.23,78,000/- that 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.23,78,000/-.
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.
iv. The liability of the first respondent (owner) and the second
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respondent (the United India Insurance Company Limited) is joint
and several and the second respondent / the United India Insurance
Company Limited is directed to deposit the enhanced compensation
amount i.e., Rs.23,78,000/- (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.3696/2019 on the file of the Motor
Accident Claims Tribunal, Chief Judge, Court of Small Causes,
Chennai.
v. On such deposit being made, the appellants, claimants are
permitted to withdraw the same with accrued interest and costs,
after following due process of law. The ratio of apportionment made
by the Tribunal shall be kept intact.
24.09.2024
Index : Yes/No
Speaking order / Non speaking order
Neutral Citation : Yes / No
vum
R.HEMALATHA, J.
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vum
To
1.The Motor Accidents Claims Tribunal,
Chief Judge, Court of Small Causes, Chennai.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
24.09.2024
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