Madras High Court
C.Ganesan vs U.Ramesh on 21 April, 2025
C.M.A.(MD).No.1089 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.04.2025
CORAM:
THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI
C.M.A.(MD).No.1089 of 2024
1.C.Ganesan
2.G.Padmini … Appellants / Petitioners
vs.
1.U.Ramesh
2.The Regional Manager,
The New India Assurance Company Ltd.,
Sethu Amirtham Towers,
Srinivasampillai Road,
Thanjavur,
Thanjavur District. … Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Award passed in M.C.O.P.No.467 of 2020
dated 04.04.2024 on the file of Motor Accident Claims Tribunal / Special
District Court, Thanjavur.
For Appellants : Mr.N.Tamilmani
For 1st Respondent : Mr.R.Ponkarthikeyan
For 2nd Respondent : Mr.C.Karthik
JUDGMENT
Not being satisfied with the Award dated 04.04.2024 passed in
M.C.O.P.No.467 of 2020, by the Motor Accident Claims Tribunal/Special
District Court, Thanjavur, the legal heirs of the deceased Baskar has
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preferred this Civil Miscellaneous Appeal for enhancement of
compensation.
2. Parties are indicated herein as per their litigative status and
ranking before the Tribunal.
3. Heard the arguments of the learned counsel for the
appellants/claimants and the learned counsel appearing for the 2nd
respondent/Insurance Company.
4. Claim petition was filed by the legal heirs of the deceased Baskar
S/o.Ganesan claiming compensation of Rs.50,00,000/- due to the death of
the said person on account of the road traffic accident that occurred on
13.12.2019.
5. At trial, in order to substantiate the claim details, on the
petitioners' side three witnesses were examined and eleven documents
were marked and on the respondents' side, no evidence was let in.
6. Upon consideration of oral and documentary evidence and after
hearing the arguments advanced by both sides' counsels, the Tribunal
has granted compensation of Rs.15,91,400/- and the amounts awarded
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under different heads are given hereunder:
Sl.No. Description Amount Awarded
by the Tribunal
1 For Loss of Rs.14,78,400/-
dependency
2 For filial Rs. 80,000/-
consortium
3 For funeral Rs. 15,000/-
expenses
4 For loss of Rs. 18,000/-
estate
Total Rs.15,91,400/-
7. It is the evidence of PW1, Tvl.Ganesan father of the deceased
Baskar, that his son had been working as Safety Supervisor in a
Construction Company in Singapore – CHYEJOOR and earning a sum of
Rs.1,00,000/- p.m. When he had come to India on leave, the accident
occurred on 13.12.2019 and succumbed to injuries at the scene of
occurrence itself.
8. To substantiate the said details, Exs.P9 and P10 are the Passport
and Flight ticket of the deceased Baskar. Ex.P11 is Bank statement of
account of PW1. Based on the above said documents, it cannot be
decided that he worked in Singapore in the above said Company.
Appointment letter issued by the said Company, Pay Slip / Salary
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Certificate are not marked. PW1 has stated that the deceased was
working as a site Supervisor in a Pvt. Construction Company. What is the
educational qualification of the deceased is not known.
9. In the given circumstances, in consideration of the above said
details, monthly income of the deceased is safely fixed at Rs.20,000/-. The
Hon'ble Supreme Court has standardised the details of future prospects to
be added while computing the monthly income in National Insurance Co.
Ltd., v. Pranay Sethi and others reported in 2017 (2) TN MAC 609 (SC),
wherein, for the age group of persons below 40 years, 40% has to be
added as future prospects with the income.
10. As per Ex.P9 Passport, date of birth of the deceased is
13.07.1986. Therefore, at the relevant point of time, age of the deceased
Baskar is taken as 33 years. As per the law laid down by the Hon'ble
Supreme Court in Smt.Sarla Verma & Ors., v. Delhi Transport
Corporation & Another reported in 2009 (2) TN MAC 1 (SC), deduction
for personal and living expenses as the deceased was a bachelor, 50%
has to be deducted and the relevant multiplier to be adopted is 16m.
Therefore, for computing the loss of dependency, following formula
emerges:
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Rs.20000/- + 40% -1/2 X 12 X 16 = Rs.26,88,000/-.
11. As regards other heads, the amount granted by the Tribunal
appears to be reasonable and acceptable and hence, it needs no
interference. The compensation arrived at is reworked and tabulated as
given hereunder:
Sl.No. Description Amount Amount Award
Awarded by awarded by confirmed
the Tribunal this Court or
enhanced
or granted
or
reduced
1 For loss of Rs.14,78,400/- Rs.26,88,000/- Enhanced
dependency
2 For filial Rs. 80,000/- Rs. 80,000/- Confirmed
consortium
3 For funeral Rs. 15,000/- Rs. 15,000/- Confirmed
expenses
4 For loss of Rs. 18,000/- Rs. 18,000/- Confirmed
estate
Total Rs.15,91,400/- Rs.28,01,000/-
12. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.15,91,400/- to Rs.28,01,000/- which 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 from
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Rs.15,91,400/- to Rs.28,01,000/-.
(iii) Since the 1st respondent's driver was not in possession of valid
driving licence on the date of the accident, the 2nd respondent Insurance
Company shall pay the award amount at the first instance and then
recover the same from the owner of the vehicle - 1st respondent.
(iv) The 2nd respondent / Insurance Company is directed to deposit
the compensation amount now determined by this Court i.e., Rs.
28,01,000/- together with interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit (except default period if any) to
the credit of M.C.O.P.No.467 of 2020 dated 04.04.2024 on the file of Motor
Accident Claims Tribunal / Special District Court, Thanjavur, within a
period of eight weeks from the date of receipt of a copy of this Judgment.
(v) On such deposit being made, the appellants/claimants are
permitted to withdraw the same as per apportionment made by the
Tribunal along with interest and costs, by making necessary application
before the Tribunal.
(vi) The appellants/claimants shall pay the Court fee for the
compensation amount, if necessary.
(vii) The Tribunal below shall disburse the enhanced amount upon
production of the certified copy showing proof of payment of Court fee by
the claimants.
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21.04.2025
Index : Yes/No
Speaking / Non-speaking order
ssn
To:
1. The Motor Accident Claims Tribunal,
Special District Judge, Thanjavur.
2. The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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R.KALAIMATHI, J.,
ssn
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21.04.2025
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