Madras High Court
Anna Mariyal vs Thangadurai on 27 February, 2025
C.M.A(MD)No.42 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2025
CORAM
THE HONOURABLE MRS.JUSTICE R. KALAIMATHI
C.M.A(MD)No.42 of 2023
1.Anna Mariyal
2.Minor Pon Rama Siva ... Appellants/Petitioners
(Minor petitioner through
her mother and next guardian
1st appellant herein)
-Vs-
1.Thangadurai
2.The New India Assurance Company Ltd.,
Through its Branch Manager,
No.10/57, Main road,
Sawyerpuram,
Tuticorin District. ... Respondents/Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicle Act, 1998, as against the judgment and decree dated
29.04.2022, passed in MCOP No.1313 of 2018 by the learned Motor
Accident Claims Tribunal/IV Additional District Judge, Tirunelveli.
For Appellants : Mr.T.Selvakumaran
For R2 : Mr.C.Karthik
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C.M.A(MD)No.42 of 2023
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the
dependents of the deceased Thangadurai against the award dated
29.04.2022 passed in MCOP No.1313 of 2018 by the Motor Accident
Claims Tribunal/IV Additional District Judge, Tirunelveli.
2.Heard the arguments of the learned counsel for the appellants
and the learned counsel for the second respondent.
3.Upon consideration, the Tribunal awarded a sum of
Rs.23,57,300/-. For loss of dependency, a sum of Rs.22,50,000/-, for loss
of consortium, a sum of Rs.50,000/-, for loss of estate and love and
affection, a sum of Rs.25,000/-, for funeral expenses, a sum of Rs.15,000/-
and for medical expenses, a sum of Rs.17,300/-.
4.The learned counsel for the appellants would vehemently argue
that the deceased was self-employed person running a company under the
name and style of J.N.F Services and he was earning a sum of Rs.15,000/-
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per month. To substantiate the same, P.W.3 and P.W.4, who are running
shipping service, have been examined. Ex.P.4 is the Downloaded copy of
G.S.T Registration. It transpires that the deceased running a proprietorship
concern. He was carrying on the fumigation related work. Ex.P.16 reflects
the aforesaid details.
5.From the close perusal of Ex.P.9, it is the statement of account
issued by IDBI Bank Ltd., Thoothukudi, which relates to J.N.F services.
From going through the statement of account, what is the income the
deceased was getting per month could not be gathered. Therefore, Ex.P.9
and Ex.P.13 is the savings Bank Pass Book of the deceased till April 2017.
Ex.P.12 is the sale deed in the name of the deceased's wife dated
21.04.2017. A plot has been purchased in the name of the first claimant,
who is the wife of the deceased. Though so many documents have been
marked viz., Ex.P.12 to Ex.P.17, the income that was earned by the
deceased could not be gathered. This Court deems it fit to fix his monthly
income at Rs.20,000/-.
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6.As per postmortem certificate of the deceased, the age of the
deceased is fixed as 40 years. As per the law laid down by the Hon'ble
Supreme Court in Sarala Varma and others Vs Delhi Transport
Corporation and another, reported in 2009(2) TNMAC 1, the proper
multiplier to be adopted is '15m'. As per the law laid down by the Hon'ble
Supreme Court in National Insurance Company Vs Pranay Sethi and
others, reported in 2013(1)TNMAC 481 SC, as regards the future
prospects, the persons whose age is between 40 and 50 years, 25% is to
be added, while computing the monthly income. For deduction of personal
and living expenses 1/3 will be deducted. For computing loss of
dependency, based on the aforesaid details, the following formula
emerges: Rs.20,000/- + 20% -1/3 x 15 x 12 =Rs.28,80,000/-
7.For loss of consortium, a sum of Rs.30,000/- is granted in
addition to the amount granted by the Tribunal. As regards the other heads,
the amounts awarded by the Tribunal appears to be reasonable and
acceptable, needs no interference. The compensation awarded by the
Tribunal is reworked and tabulated hereunder:
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S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted or
reduced
For Loss of Rs.22,50,000/- Rs.28,80,000/- Enhanced
1 Dependency
For Loss of Consortium Rs.50,000/- Rs.80,000/- Enhanced
2 (50,000 + 30,000)
For Loss of estate, love Rs.25,000/- Rs.25,000/- Confirmed
3 and affection
4 For Funeral Expenses Rs.15,000/- Rs.15,000/- Confirmed
5 For Medical Bills Rs.17,300/- Rs.17,300/- Confirmed
Total Rs.23,57,300/- Rs.30,17,300/- Enhanced by
Rs.6,60,000/-
8. In the result,
(i) The Civil Miscellaneous Appeal stands allowed.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.23,57,300/- to Rs.30,17,300/-.
(iii) The Insurance Company/second respondent is directed to
deposit the enhanced compensation amount i.e., Rs.30,17,300/- (less the
amount already deposited if any) together with interest at the rate of 7.5%
per annum from the date of claim petition till the date of deposit to the
credit of M.C.O.P.No.1313 of 2018 on the file of Motor Accidents Claims
Tribunal /IV Additional District Judge, Tirunelveli, within a period of eight (8)
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weeks from the date of receipt of a copy of this Judgment.
(iv) On such deposit being made, the first claimant/appellant is
permitted to withdraw the award amount along with interest and costs as
apportioned by the Tribunal, after adjusting the amount, if any already
withdrawn, by filing necessary application before the Tribunal. As the
second appellant/claimant is a minor, the Tribunal shall deposit the share of
the minor claimant in a Fixed Deposit in any one of the Nationalized Banks,
till the minor claimant attains majority. The guardian of the minor claimant is
permitted to withdraw the interest accrued thereon once in three months
directly from the bank.
(v) The claimants/appellants are directed to pay the Court fee for
the enhanced compensation amount, if required. Out of the compensation
amount, a sum of Rs.66,000/- shall be deducted towards income tax.
(vi) The Tribunal shall disburse the amount upon production of
the certified copy showing proof of payment of Court fee by the claimant.
(vii)No costs.
27.02.2025
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To
1.The Motor Accident Claims Tribunal/
IV Additional District Judge,
Tirunelveli.
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R. KALAIMATHI,J.
Ns
27.02.2025
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