Madras High Court
Ramadass (Died) vs Gummala Ramana on 16 September, 2021
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram, V.Sivagnanam
C.M.A.No.2889 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2889 of 2021
Maharani @ Rani
Ramadass (died) ... Appellant
Vs.
1.Gummala Ramana
2.Shriram General Insurance Company Limited,
No.4, Lady Desika Road,
Mylapore,
(Near Alwarpet Signal),
Chennai – 600 004.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree dated 12.11.2019 made in
MACTOP No.76 of 2015 on the file of the Motor Accidents Claims Tribunal,
Special Subordinate Court No.2, Motor Vehicle Claim Petitions, Small Causes
Court, Chennai.
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C.M.A.No.2889 of 2021
For Appellant : Ms.A.Subadra for
Mr.K.M.Ramesh
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.] This appeal arises out of the order passed by the Motor Accident Claims Tribunal, Special Subordinate Court No.II, Court of Small Causes, Chennai in MACTOP No.76 of 2015 dated 12.11.2019.
2.The claimants have come up with this appeal seeking enhancement of compensation. This is the case of the fatal accident. The case of the claimants is that on 26.07.2014 at 07.15 hours, the deceased Vishnupriya was travelling as a pillion rider in a motorcycle bearing Reg.No.TN-10-AQ-3688 from Medarmetla village, Prakasam District to Hydrabad. At that time, a lorry bearing Reg.No.AP- 09-U-8829 driven by its driver in a rash and negligent manner, dashed against the deceased. In the accident, the deceased sustained fatal injuries and died on the 2/7 https://www.mhc.tn.gov.in/judis/ C.M.A.No.2889 of 2021 spot. The parents of the deceased filed the claim petition before the Tribunal. Though they claimed Rs.5,00,00,000/- as compensation, the Tribunal has awarded Rs.28,92,900/- together with interest at 7.5% per annum, under the following heads:-
Heads Rs.
Loss of Dependency 27,82,900/-
Loss of Estate 15,000/-
For Funeral Expenses 15,000/-
Loss of Filial Consortium 80,000/-
Total 28,92,900/-
3.The learned counsel appearing for the appellants/claimants would contend that since the amount awarded by the Tribunal is meager in all the heads, the claimants are entitled for higher compensation. He would further contend that at the time of accident, the deceased was 30 years and hale and healthy. She was the only sole breadwinner of her family. She was working as Manager – Contracts at M/s ADP India Private Limited, Chennai – 600 032 and earning more 3/7 https://www.mhc.tn.gov.in/judis/ C.M.A.No.2889 of 2021 than Rs.67,750/- per month. But the Tribunal without considering the age of the deceased and her monthly income, fixed the monthly income at Rs.20,000/-, which is meager. Hence, the appellants seek for enhancement of compensation.
4.This Court carefully considered the submission of the learned counsel appearing for the appellants/claimants and perused the materials available on record.
5.It is not in dispute that the deceased died in an road accident that had taken place on 26.07.2014. The finding of the Tribunal that the accident occurred due to the negligence of the driver of the Lorry has become final and hence, it need not be adverted to in the appeal.
6.Though the learned counsel appearing for the appellants/claimants has contended that the award is meager and sought enhancement, on perusal of the records, we find that since the monthly income of the deceased has not been proved by the claimants, the Tribunal, on proper appreciation of the educational 4/7 https://www.mhc.tn.gov.in/judis/ C.M.A.No.2889 of 2021 qualification of the deceased, has fixed the monthly income as Rs.20,000/- and by following the principles in the case of Sarala Verma and others vs. Delhi Transport Corporation and another reported in 2009 TN MAC 1 awarded a just and reasonable compensation. Further, the customary quantum of compensation under remaining heads were fixed by the Tribunal by following the Judgments of the Hon'ble Supreme Court in the case of National Insurance Company Ltd., vs. Pranay Sethi and others reported in 2017(2) TNMAC 609 (SC) and Magma General Insurance Co. Ltd., vs. Nanu Ram and others reported in 2018(1) TN MAC 452 (SC). We find no reason to interfere with the conclusion reached by the Tribunal. This appeal has no merit.
7.For the foregoing reasons, the Civil Miscellaneous Appeal fails and the same is dismissed. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
07.10.2021
Intex : Yes/No
Internet : Yes/No
skn
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C.M.A.No.2889 of 2021
To
1.The Motor Accidents Claims Tribunal,
Special Subordinate Court No.2,
Court of Small Causes, Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
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C.M.A.No.2889 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.2889 of 2021
07.10.2021
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