Firozbee vs Narayana Gowda
2025 Latest Caselaw 2470 Mad

Citation : 2025 Latest Caselaw 2470 Mad
Judgement Date : 5 February, 2025

Madras High Court

Firozbee vs Narayana Gowda on 5 February, 2025

                                                                            C.M.A.No.3717 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.02.2025

                                                    CORAM

                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                              C.M.A.No.3717 of 2021
                     1.Firozbee

                     2.Nyamath

                     3.Reshma

                     4.Asmathulla

                     5.Reehana

                     6.Minor Naziya                                        ... Appellants

                           (Adopted daughter of Late Rahamathullah,
                           (Minor.Naziya Rep. by N/F. Mother – Firozbee)

                                                       vs.

                     1.Narayana Gowda

                     2.United India Insurance Company Limited,
                       Rep by its Manager,
                       Malur-Hosur Main Road,
                       Opposite Govt.First Grade College,
                       Malur, Kolar,
                       Karnataka State-                                    ... Respondents




                     1/8
https://www.mhc.tn.gov.in/judis
                                                                                          C.M.A.No.3717 of 2021

                     PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
                     Vehicles Act, 1988, praying to enhance the compensation amount made in
                     Judgment and Decree dated 21.05.2020 made in M.C.O.P.No.445 of 2019
                     on the file of the Motor Accident Claims Tribunal Special District Court for
                     Motor Accident Claims Cases, Krishnagiri by allowing this Civil
                     Miscellaneous Appeal.

                                        For Appellants       : Mr.S.P.Yuaraj

                                        For R1               : Mr.S.Chinnasamy

                                        For R2               : Mr.R.Srividhya

                                                          JUDGMENT

The Civil Miscellaneous Appeal is filed by the appellants/claimants

seeking enhancement of compensation ordered by the Motor Accident

Claims Tribunal-Special District Court for Motor Accident Claims Cases,

Krishnagiri.

2. It is not in dispute that husband of the 1 st claimant and the father of

the claimants 2 to 6 namely Rahamathullah and one Dasthagir proceeded in

TVS Moped bearing Registration No.TN-10-4386. The said Moped was

driven by the said Dasthagir. The above said Rahamathullah, who was a

pillion rider died due to motor accident that had taken place on 09.04.2017.

https://www.mhc.tn.gov.in/judis

It was claimed that the said accident was caused by the rash and negligent

driving of the Driver of the Tractor Trailer owned by 1st respondent insured

with the 2nd respondent. Both the learned counsel appearing for the

appellants and respondents have not advanced any arguments on negligence

as well as liability aspect. Therefore, facts necessary for fixing the

negligence as well as liability aspect have not been discussed in this

judgment.

3. Before the Tribunal, the 1st appellant/1st claimant was examined as

PW.1 and Driver of the Two Wheeler namely Dhasthagir was examined as

PW.2. The Driver of the Tractor Trailer was examined as RW.1.

4. Based on the evidence available on record, the Tribunal awarded a

sum of Rs.9,01,900/- as compensation in favour of the claimants. Not

satisfied with the quantum of compensation awarded by the Tribunal, the

appellants/claimants have come by way of this appeal.

5. The learned counsel appearing for the appellants/claimants would

submit that the Tribunal fixed notional income only at Rs.9,000/- per month

https://www.mhc.tn.gov.in/judis

for the accident that had taken place in the year 2017. Therefore, according

to him, the notional income fixed by the Tribunal needs enhancement. The

learned counsel further submitted that the Tribunal committed error in

awarding a sum of Rs.25,000/- towards loss of consortium to wife and a

sum of Rs.40,000/- towards loss of love and affection regarding other

claimants.

6. The learned counsel appearing for the 2nd respondent/Insurance

Company would submit that claimants failed to produce any document to

prove avocation or the income of deceased and the Tribunal was justified in

fixing the notional income at Rs.9,000/- per month and therefore, the award

passed by the Tribunal requires no interference.

7. A perusal of the FIR/Ex.P1 would indicate that the accident had

occurred on 09.04.2017. As per the Post Mortem Certificate/Ex.P2, the age

of the deceased was mentioned as 56 and the same tallies with the age of the

claimants in the claim petition. Therefore, the age of the deceased is fixed as

56 years.

https://www.mhc.tn.gov.in/judis

8. In the claim petition, the claimants claimed that deceased was

engaged in Mango and Tamarind business. However, they have not

produced any documents to prove the avocation or income of the deceased.

Therefore, the Tribunal was constrained to fix the notional income at

Rs.9,000/- per month. Having regard to the date of accident (09.04.2017)

and the age of the deceased at the time of accident (56 years), it would be

appropriate to fix Rs.15,000/- per month as a notional income for the

deceased. If 10% future prospects is applied as per law laid down by Apex

Court, his monthly income can be taken as Rs.16,500/-. The applicable

multiplier for the age of the deceased is nine. Since the deceased had more

than three dependants, 1/4 of the income was to be deducted as per the law

laid down by the Apex Court in Sarla Verma and others vs. DTC and

others reported in (2009) 6 SCC 121. Therefore, the claimants are entitled

to a sum of Rs.13,36,500/- under the head of loss of dependency (16,500 x

12 x 9 x 3/4 = 13,36,500/-).

9. In addition to the above said sum, the compensation under the head

loss of dependency, the Tribunal awarded a sum of Rs.20,000/- under the

head loss of estate. As per Pranay Sethi case, the claimants are entitled to

https://www.mhc.tn.gov.in/judis

only Rs.15,000/- under the said head. The amount awarded under the head

loss of consortium to wife is enhanced from Rs.25,000/- to Rs.40,000/-. The

claimants 2 to 6 are entitled to Rs.40,000/- each under the head love and

affection. The Funeral Expenses fixed by the Tribunal is confirmed.

Therefore, the compensation awarded by the Tribunal under various heads

are modified as follows:-

Sl. Description Compensation Compensation No. awarded by the awarded by this Tribunal Court

1. Loss of Dependency Rs.8,01,900/- Rs.13,36,500/-

2. Loss of Estate Rs.20,000/- Rs.15,000/-

3. Funeral Expenses Rs.15,000/- Rs.15,000/-

4. Love and Affection Rs.40,000/- Rs.2,00,000/-

5. Loss of Consortium Rs.25,000/- Rs.40,000/-

Total Rs.9,01,900/- Rs.16,06,500/-

10. The 2nd respondent/Insurance Company is directed to deposit the

enhanced award amount of Rs.16,06,500/- together with interest at the rate

of 7.5% per annum from the date of claim petition to the date of realisation,

to the credit of M.C.O.P.No.445 of 2019 on the file of the Motor Accident

Claims Tribunal Special District Court for Motor Accident Claims Cases,

Krishnagiri, within a period of four weeks from the date of receipt of copy

https://www.mhc.tn.gov.in/judis

of this judgment. On such deposit, the appellants/claimants are entitled to

withdraw the award amount now enhanced by this Court by making formal

application, subject to satisfaction of Tribunal as to attainment of majority

by 6th appellant/6th claimant.

11. With the above direction, the Civil Miscellaneous Appeal is partly

allowed. No costs.



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