Madras High Court
Rathna vs S.Sanithjan on 22 July, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024
1.Rathna
W/o.Saminathan
2.Saminathan
S/o.Chinnasakkan ... Appellants in C.M.A.No.1250/24
1.Usha
W/o.Guruvan
2.Guruvan
S/o.Ponnugan ... Appellants in C.M.A.No.1251/24
Vs.
1.S.Sanithjan
S/o.Sadeerjan
2.The Branch Manager,
United India Insurance Company Limited,
Thirssur Taluk, Park House Round North,
Kerala State - 680 001.
Branch Office No.22-B,
P.R.Sundaram Iyer Street,
Dharmapuri - 636 701. ... Respondents in both appeals
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Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024
Civil Miscellaneous Appeals filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 27.04.2023
made in M.C.O.P.Nos.1044 & 1043 of 2019 on the file of Motor
Accident Claims Tribunal, Special District Court, Dharmapuri.
For Appellants : Mr.D.Rameshkumar
[in both appeals]
For Respondents : Mrs.R.Sreevidhya [R2]
[in both appeals]
*****
COMMON JUDGMENT
These appeals arise out of a common award passed by the Motor Accident Claims Tribunal, Special District Court, Dharmapuri, in M.C.O.P.Nos.1043 & 1044 of 2019, dated 27.04.2023. Hence, both these appeals are taken up together, heard and disposed of through this common judgment.
2. The claimants, who are the parents of the deceased Sivan and Srikanth, not being satisfied with the quantum of compensation awarded by the Tribunal, have filed these appeals.
https://www.mhc.tn.gov.in/judis 2/10 Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024
3. The case of the claimants is that on 29.10.2019, the deceased Sivan, who was employed as a driver went along with his friend, who is the other deceased Srikanth, who was the cleaner of the vehicle. After loading vegetables in Hosur, they were returning back to Tiruppur and the tyre got punctured. Hence, the vehicle was parked on the left side of the Salem-Coimbatore bypass road. At about 7.00 p.m., the offending vehicle, a bus, was driven in a rash and negligent manner and it dashed on the parked vehicle as a result of which both the deceased sustained grievous injuries and they died. The First Information Report came to be registered in Crime No.551 of 2019 against the driver of the offending vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking compensation.
4. The Tribunal, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.13,30,600/- [M.C.O.P.No.1043 of 2019] and https://www.mhc.tn.gov.in/judis 3/10 Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024 Rs.11,03,800/- [M.C.O.P.No.1044 of 2019] under various heads as follows:
M.C.O.P.No. M.C.O.P.No.
Sl. Compensation awarded 1043 of 2019 1044 of 2019
No. under the head
Amount (in Rs.)
1. Loss of income 12,09,600/- 9,82,800/-
2. Funeral expenses 16,500/- 16,500/-
3. Loss of estate 16,500/- 16,500/-
4. Loss of filial consortium 88,000/- 88,000/-
Total 13,30,600/- 11,03,800/-
The above compensation was directed to be paid along with interest at 7.5% p.a.
5. The appellants/claimants, not being satisfied with the quantum of compensation awarded by the Tribunal, have filed this appeal.
6. Heard Mr.D.Rameshkumar, learned counsel for appellants/claimants and Mrs.R.Sreevidhya, learned counsel for second respondent insurance company.
7. This Court carefully considered the submissions made by learned counsel on either side and the materials available on record. https://www.mhc.tn.gov.in/judis 4/10 Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024
8. This Court also carefully went through the award passed by the Tribunal.
9. The main ground urged by learned counsel for appellants is with respect to the notional monthly income fixed by the Tribunal. The accident had taken place on 29.10.2019. Insofar as C.M.A.No.1250 of 2024, the Tribunal came to a conclusion that the deceased was aged about 16 years at the time of accident based on the transfer certificate marked as Ex.P26. The Tribunal has fixed the notional monthly income at Rs.6,500/-, added 40% towards future prospects and deducted 1/2 towards personal expenditure. Thus, the annual income was calculated at Rs.54,600/-. Considering the age of the deceased and the claimants, who are his parents, this Court is inclined to fix the annual income at Rs.60,000/-. Thus, the compensation under the head 'loss of income/ dependency' is calculated as follows:
Annual Income : Rs. 60,000/-
Multiplier : x 18
------------------
Loss of income/dependency : Rs.10,80,000/-
------------------
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Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024
10. The compensation awarded under other heads is justified and the same does not require the interference of this Court.
11. For the foregoing reasons, the compensation awarded by the Tribunal is modified as follows:
Amount Amount
Sl. Compensation awarded awarded by the awarded by
No. under the head Tribunal this Court
(in Rs.) (in Rs.)
1. Loss of income 9,82,800/- 10,80,000/-
2. Funeral expenses 16,500/- 16,500/-
3. Loss of estate 16,500/- 16,500/-
4. Loss of filial consortium 88,000/- 88,000/-
Total 11,03,800/- 12,01,000/-
The compensation awarded by the Tribunal at Rs.1103,800/- is enhanced to Rs.12,01,000/-.
12. Insofar as C.M.A.No.1251 of 2024 is concerned, the Tribunal has come to a conclusion that the age of the deceased at the time of accident was 19 years based on Ex.P13 - driving license of deceased Sivan and Ex.P14 - transfer certificate of deceased Sivan. The deceased, in this case, is said to be a driver and the claimants came up with a case https://www.mhc.tn.gov.in/judis 6/10 Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024 that the deceased was earning Rs.25,000/- p.m. However, the Tribunal has fixed only a sum of Rs.8,000/- per month as notional income.
13. Considering the fact that the accident had taken place in the year 2019 and the deceased was aged about 19 years and the parents were dependant on the income of the deceased, this Court is inclined to fix the notional monthly income at Rs.15,000/- and 40% can be added towards future prospects.
14. In the light of the above discussion, the compensation under the head 'loss of income/dependency' is calculated as follows:
Monthly Income : Rs. 15,000/-
Add: Future Prospects : Rs. 6,000/-
40% of Rs.15,000/- -----------------
Rs. 21,000/-
Annual Income : Rs. 2,52,000/-
(21,000 * 12)
Less : Personal expenses
Rs.2,25,000/- * 1/2 : Rs. 1,26,000/-
-----------------
Rs. 1,26,000/-
Multiplier : x 18
------------------
Loss of income/dependency : Rs.22,68,000/-
------------------
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Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024
15. The compensation awarded under other heads is justified and the same does not require the interference of this Court.
16. For the foregoing reasons, the compensation awarded by the Tribunal is modified as follows:
Amount Amount
Sl. Compensation awarded awarded by the awarded by
No. under the head Tribunal this Court
(in Rs.) (in Rs.)
1. Loss of income 12,09,600/- 22,68,000/-
2. Funeral expenses 16,500/- 16,500/-
3. Loss of estate 16,500/- 16,500/-
4. Loss of filial consortium 88,000/- 88,000/-
Total 13,30,600/- 23,89,000/-
The compensation awarded by the Tribunal at Rs.13,30,600/- is enhanced to Rs.23,89,000/-.
17. The second respondent insurance company is directed to deposit the compensation awarded by this Court, 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 six (6) weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is https://www.mhc.tn.gov.in/judis 8/10 Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024 concerned, the appellants/claimants will not be entitled for interest for the period of delay of 224 days as was ordered by this Court in C.M.P.Nos.8081 & 8078 of 2024 in C.M.A.Sr.Nos.42133 & 42132 of 2024 dated 30.04.2024. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.
In the result, the Civil Miscellaneous Appeals are partly allowed. No costs.
22.07.2024 Speaking Judgment/Non-speaking Judgment Index :Yes/No Neutral citation: Yes/No gm To The Motor Accident Claims Tribunal, Special District Court, Dharmapuri.
https://www.mhc.tn.gov.in/judis 9/10 Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024 N.ANAND VENKATESH, J.
gm Civil Miscellaneous Appeal Nos.1250 & 1251 of 2024 22.07.2024 https://www.mhc.tn.gov.in/judis 10/10