Madras High Court
Raji Kannu vs M.Settu on 24 January, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.M.A.No.142 of 201
1. Raji Kannu
2. Royar
3. Ambiga
4. Chennammal … Appellants
-vs-
1.M.Settu
2.The Divisional Manager,
National Insurance Company Ltd.,
Vellore-1, Vellore District, ... Respondents
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree made in
M.C.O.P.No.1113 of 2022 on the file of the Motor Accident Claims Tribunal,
Principal District Judge, Tiruvannamalai, dated 12.12.2023.
For Appellant : Mr.S.Panneer Selvam
For Respondent
(For R2) : Mr.C.R.Krishnamoorthy R2
JUDGMENT
This appeal has been filed by the appellants/claimants against the
Judgment and Decree made in M.C.O.P.No.1113 of 2022 on the file of the
Motor Accident Claims Tribunal, Principal District Judge, Tiruvannamalai,
dated 12.12.2023 seeking enhancement of compensation.
https://www.mhc.tn.gov.in/judis
2. It is the case of the appellants that 11.08.2014 at about 20.30 hours
when the deceased was standing in front of her house at Gandhi Nagar Main
Road, Thanipadi Village, at that time, the rider of the motor cycle bearing Reg.
No.TN 25 AJ 9376 from Thanipadi to Tiruvannamalai in a rash and negligent
manner and dashed on the deceased. Hence, the deceased got head injuries and
sustained grievous injuries all over her body and immediately after the accident,
she was admitted in the hospital and died. Thereafter, the appellants had filed a
claim petition before Tribunal claiming compensation of Rs.7,00,000/-. After
adjudication, the Tribunal has awarded a sum of Rs.5,77,200/- to the claimants.
3. The appellants/claimants have filed the present appeal seeking
enhancement of compensation.
4. The learned counsel for the appellants submitted that the Tribunal has
not awarded compensation towards love and affection and damages to clothes.
Further the Tribunal ought to have awarded interest at the rate of 7.5% per
annum. Therefore, this Court may interfere with the impugned award and
modify the same.
5. Per contra, the learned counsel appearing for the second respondent-
Insurance Company contended that due to rash and negligent driving of the
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driver, the accident had happened. The compensation awarded by the Tribunal
in favour of the appellant is just and reasonable. Hence, this Court may dismiss
the petition.
6. Heard the learned counsel for either side and perused the materials
available on record.
7. The fact in the present case is not in dispute and the manner of the
accident is also not in dispute. For enhancement of compensation, the present
appeal has been filed.
8. According to the appellants, the first respondent driving the two
wheeler in a rash and negligent manner and dashed against the deceased and
therefore, she sustained injuries and died. It is the main ground of the appellants
that the Tribunal has awarded compensation towards loss of love and affection
and damages to clothes and interest portion has to be modified, which the
appellants are entitled for. This Court is inclined to interfere with the same and
awarded a sum of Rs.1,60,000/- (Rs.40,000/- X 4 persons) and Rs.1,000/-
towards damages to clothes. Further, this Court is inclined to modify the interest
at the rate of 7.5% per annum. The other heads awarded by the Tribunal is just
and reasonable, which needs no interference. Accordingly, the order passed by
https://www.mhc.tn.gov.in/judis
the Tribunal stands modified as follows:
Amount awarded Modified Award
Heads by the Tribunal Amount
(Rs.) (Rs.)
Loss of income 5,44,200 5,44,200
Funeral expenses 15,000 15,000
Loss of estate 15,000 15,000
Additional amount on 3,000 3,000
conventional heads
Love and affection ......... 1,60,000
Damages to clothes .... 1,000
Total 5,77,200 7,38,200/-
9.The compensation awarded by the Tribunal at Rs.5,77,200/- is
enhanced to Rs. 7,38,200/-. The second respondent Insurance company is
directed to deposit the entire compensation, less the amount already deposited,
together with interest at 7.5% p.a. from the date of claim petition till the date of
deposit within a period of four weeks from the date of receipt of this judgment.
Insofar as the enhanced compensation is concerned, the deficit court fee, if not
paid, shall be paid by the appellants. Out of he total award amount the
appellants are each entitled for Rs.1,84,550/- along with interest and costs. The
other directions issued by the Tribunal with regard to the mode of payment of
compensation remains unaltered. The appellants are not entitled for any interest
in respect of default period.
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10. In the result, the Civil Miscellaneous Appeal is partly allowed in
the above terms. No costs.
25.01.2025
Rli
Index: Yes/No
NCS : Yes/No
To
The Motor Accident Claims Tribunal,
Principal District Judge, Tiruvannamalai
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.
Rli
24.01.2025
https://www.mhc.tn.gov.in/judis
