Madras High Court
Parameswari vs Rengasamy on 26 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.2615 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.2615 of 2024
1. Parameswari
2. Mariyayi
3. Rethinam ... Appellants
vs.
1. Rengasamy
2. M/s.National Insurance Company Limited,
Rep. by its Divisional Office-I,
L.R.N.Complex, Salem - 7. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 01.02.2024 in
M.C.O.P.279/2023 on the file of the Motor Accident Claims Tribunal,
Special District Court, Salem.
For Appellants : Mr.S.P.Yuvaraj
For R2 : Mr.J.Chandran
JUDGMENT
The appellants are the claimants in M.C.O.P.279/2023 on the
file of the Motor Accident Claims Tribunal, Salem. They filed the claim
petition under Section 166 of the Motor Vehicles Act seeking
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compensation of Rs.70,00,000/- for the death of one Senthilkumar
(husband of the first claimant and son of the claimants 2 and 3) in a road
accident that occurred on 13.10.2022.
2. The brief case of the appellants / claimants is as follows :
On 13.10.2022, Senthilkumar (deceased) was riding a two-
wheeler bearing Registration number TN-42-AZ-2404 on Kangeyam -
Coimbatore main road. When he was nearing Goundampalayam, a
speeding goods lorry bearing Registration number TN-48-BZ-6419, hit
the two wheeler, as a result of which, Senthilkumar fell down and
sustained injuries all over his body. He was immediately rushed to
Government Hospital, Kangeyam from where he was referred to Ganga
Hospital, Coimbatore. However, he succumbed to injuries on 20.10.2022.
3. According to the claimants, the rash and negligent driving of
the driver of the goods lorry bearing Registration number TN-48-BZ-6419
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
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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.
5. The Tribunal after analysing the evidence on record, fastened
negligence on the driver of the goods lorry bearing Registration number
TN-48-BZ-6419 and directed the second respondent, the National
Insurance Company Limited to pay compensation of Rs.15,85,000/-
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.S.P.Yuvaraj, learned counsel appearing for the
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appellants and Mr.J.Chandran, learned counsel for the second respondent.
8. Mr.S.P.Yuvaraj, learned counsel appearing for the
appellants/claimants contended that the deceased, aged 42 years was a
worker in a lathe unit, earning a sum of Rs.40,000/- p.m. However, the
Tribunal had fixed a meagre sum of Rs.10,000/- including future
prospects, as his monthly notional income. He, therefore prayed for
enhancing the notional income of the deceased.
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, Senthilkumar (deceased) aged
42 years was working in a lathe unit, earning a sum of Rs.40,000/- p.m. In
the absence of satisfactory income proof, the Tribunal fixed the notional
monthly income of the deceased as Rs.10,000/- including future
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prospects. It is pertinent to point out that the accident took place in the
year 2022 and 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 Insurance Co. vs Pranay sethi and others reported in
2017 (2) TNMAC 601, 25% is added towards future prospects of the
deceased. Since there are three dependents, 1/3rd of the deceased's income
should be deducted towards his personal expenses. The proper multiplier
to be adopted in the instant case is 14 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 25% Future Prospects = Rs.20,000/-
After 1/3 deduction = Rs.13,333/-
Loss of dependency:
= Rs.13,333/- x 12 x 14
= Rs.22,39,944/-
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In addition to that the claimants are entitled to Rs.1,32,000/- (44,000/-x3),
Rs.16,500/- and Rs.16,500/- 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). The petitioners are also
entitled to a sum of Rs.4,84,449/- towards medical expenses. Thus, the
claimants are entitled to a total compensation of Rs.28,89,393/-
(22,39,944 + 1,32,000 + 16,500 + 16,500 + 4,84,449 = 28,89,393) as
shown in the following tabular column:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs. 22,39,944 /-
2. Loss of consortium Rs.1,32,000/-
(Rs.44,000/- x 3)
3. Funeral expenses Rs.16,500/-
4. Loss of Estate Rs.16,500/-
5. Medical Expenses Rs.4,84,449/-
Total Rs.28,89,393/-
11. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.28,89,393/- that would carry interest at the rate of 7.5%
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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.28,89,393/-.
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 National Insurance Company Limited) is joint and
several and the second respondent / the National Insurance
Company Limited is directed to deposit the enhanced compensation
amount i.e., Rs.28,89,393/- (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.279/2023 on the file of the Motor
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Accident Claims Tribunal, Special District Court, Salem.
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.
vi. The appellants/claimants are not entitled to claim any interest for
the period of delay of 68 days in filing this appeal.
26.09.2024
Index : Yes/No
Speaking order / Non speaking order
Neutral Citation : Yes / No
vum
To
1.The Motor Accidents Claims Tribunal,
Special District Court, Salem.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
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R.HEMALATHA, J.
vum
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