Madras High Court
Jothilakshmi vs The Correspondent on 6 September, 2022
Author: R.Tharani
Bench: R.Tharani
C.M.A(MD)No.603 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 02.08.2022
Pronounced on : 06.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE R.THARANI
C.M.A(MD)No.603 of 2022
1.Jothilakshmi
2.Sivaraman ... Appellants /second respondent
Vs
1.The Correspondent,
PSR Engineering College,
Appayanaickepatti post,
Sivakasi Taluk-626 123.
2.The New India Assurance Company Ltd.,
Through its Branch Manager,
No.584, Virudhunagar Main Road,
Thiruthangal - 626 130. ... Respondents
PRAYER :-
This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicle Act, 1988, to allow this appeal, enhancing the award amount in
M.C.O.P.No.610 of 2013 on the file of the Motor Accident Claims
Tribunal(1st Additional District Judge), Tirunelveli, dated 26.03.2014.
For Appellant : Mr.T.Selvakumaran
For R1 : No appearance
For R2 : Mr.B.Rajesh Saravanan
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C.M.A(MD)No.603 of 2022
JUDGMENT
This appeal is filed against the order made in M.C.O.P.No.610 of 2013 on the file of the Motor Accident Claims Tribunal(1st Additional District Judge), Tirunelveli, dated 26.03.2014. The appellants herein are the claimants. The respondents are the respondents in the claim petition.
2.Brief substance of the claim petition is as follows:
On 02.02.2013 at about 8.40 am, while the deceased was travelling in a motorcycle bearing registration number TN 76 S 5904 along the Sankarankovil - Tirunelveli main road, a bus bearing registration number TN 67 AV 2354, came from the opposite direction, in a rash and negligent manner, dashed against the deceased. The deceased died on the spot. The deceased was aged about 23 years. She was an Engineering Graduate, working in Sankarankovil Gomathiyammal Metric Higher Secondary School as a computer instructor and was earning Rs.15,000/- per month. The petitioners are the dependants and they claim a sum of Rs.25,00,000/- as compensation.
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3.Brief substance of the counter filed by the second respondent is as follows:
The first respondent-driver drove the vehicle in a slow and cautious manner. It was the deceased who all of a sudden, turned the vehicle along the right side of the road and dashed against the bus. The motorcycle rider is equally responsible for the accident. The amount claimed is excessive.
4.Two witnesses were examined and 11 documents were marked on the side of the petitioner. No witness was examined and no document was marked on the side of the respondent. The Tribunal has awarded a sum of Rs.9,83,000/- as compensation.
5.The claimants filed this appeal for enhancement of compensation on the following grounds:
The Tribunal failed to consider that the deceased was an engineering graduate. Ex.P3 to Ex.P5 are documents to prove the educational qualification of the deceased. Considering the age of the deceased future prospects to be added but the Tribunal failed to add future prospects and the Tribunal failed to calculate the monthly income based on the educational 3/8 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.603 of 2022 qualification of the deceased. The Tribunal ought to have granted Rs.40,000/- towards loss of love and affection. Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses.
6.On the side of the second respondent it is stated that the brother of the deceased cannot be a dependant. There was no document to prove the income of the deceased and the Tribunal fixed Rs.9,000/- as monthly income which is very fair. Considering the fact that the accident took place in the year 2013 and that the deceased was a technically qualified person, the income fixed by the Tribunal is very low. Hence the income is fixed as Rs.12,000/- per month.
7.On the side of the appellant, it is stated that the deceased was aged about 23 years and the Tribunal failed to add future prospects. As per the decision of the Hon'ble Supreme Court of India in National Insurance Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601, future prospects ought to have been added. In view of the same, it is decided that 40% to be added towards future prospects.
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8.After deducting 50% towards the own expenses of the deceased, she might have contributed Rs.6,000/- per month to her family. After adding 40% towards future prospects, the monthly income is calculated as Rs.8,400/- [6000 + 2400 (40% of 6000)]. Considering the age of the deceased, multiplier 18 is to be adopted. By adopting multiplier 18, the loss of income is calculated as Rs.18,14,400/- (8400 x 12 x 18).
9.The Tribunal has awarded Rs.10,000/- towards funeral expenses, Rs. 50,000/- towards loss of love and affection, Rs.5,000/- towards transport and other expenses. Considering the dictum of the Hon'ble Supreme Court in Pranay Sethi case, it is decided that the appellants are entitled to Rs. 70,000/- towards conventional charges. The award is modified as follows:
Loss of Income - Rs. 18,14,400/-
Conventional Charges Rs. 70,000/-
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Total - Rs. 18,84,400/-
10.On the side of the respondent it is stated that the second appellant is not a dependant. He is only the brother he is not entitled for any compensation. On the side of the appellant, it is stated that the second 5/8 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.603 of 2022 appellant is the younger brother. The first appellant is a widowed mother and that it was the deceased who took care of the appellants.
11.Considering the submissions made by the parties, it is decided that the mother, being the Class-I legal heir, is entitled to Rs.16,00,000/- as compensation and the second appellant is entitled to Rs.2,84,400/- as compensation.
12. The Civil Miscellaneous Appeal is partly allowed. No costs.
(i) The quantum of compensation awarded by the Tribunal is enhanced from Rs.9,83,000/- to Rs.18,84,400/-.
(ii) The appellants / claimants are directed to pay the court fee for the enhanced compensation amount, if any, within a period of three weeks from the date of this order.
(iii) The second respondent / The New India Assurance Company is directed to deposit the enhanced compensation amount i.e., Rs.18,84,400/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and with cost to the credit of M.C.O.P.No.610 of 2013 on the file of the Motor Accident 6/8 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.603 of 2022 Claims Tribunal(1st Additional District Judge), Tirunelveli, within a period of eight weeks from the date of receipt of a copy of this order. The appellants are not entitled for any interest for the default period for the enhanced amount.
(iv) On such deposit being made, the appellants / claimants are at liberty to withdraw their respective share Rs.16,00,000/-(Rupees Sixteen Lakhs and Rs.2,84,400/- (Rupees Two Lakhs Eighty Four Thousand Four Hundred only), after following the due process of law, less any amount already received by them. The claimants are not entitled for interest for the default period, if there is any.
.08.2022 Index: Yes / No Internet : Yes / No pnn To
1.The Motor Accident Claims Tribunal(1st Additional District Judge), Tirunelveli.
2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.603 of 2022 R.THARANI, J.
pnn Pre - Delivery Judgment made in C.M.A(MD)No.603 of 2022 .08.2022 8/8 https://www.mhc.tn.gov.in/judis