Madras High Court
R.Ananthi vs S.Anthony Jose on 28 June, 2022
Author: P.T.Asha
Bench: P.T.Asha
CMA.No.1768 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.No.1768 of 2018
and
CMP.No.4201 of 2021
1.R.Ananthi
2.R.Krishnamoorthi (Minor)
3.R.Magesh
4.R.Sowrnalakshmi (Minor)
( Minors Petioners 2 to 4 are rep. by their mother & n.f. R.Ananthi)
5.K.Andal
... Petitioners/Appellants
Vs
1. S.Anthony Jose.
2. National Insurance Co. Ltd,
Motor Third Claims Hub
No.751, Anna Salai, Chennai 600002.
... Respondents/ Respondents
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
1988, against the Judgement and Decree dated 14th day of February, 2018
made in MACT OP.No.1930 of 2015 on the file of the Special Sub Judge -1
to deal with MCOP Cases Motor Accidents Claims Tribunal, (Court of
Small Causes), Chennai.
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https://www.mhc.tn.gov.in/judis
CMA.No.1768 of 2018
For Petitioner : M/s P.T.SAleem Fathima
For Respondent : M/r. G.Anandan [R.2]
Ex parte [R.1 ]
JUDGEMENT
The claimants are the appellant before this Court seeking an enhancement of the award amount passed in MACTOP No.1930 of 2015 by the Motor Accident Claims Tribunal Special Sub Judge I (Court of small Causes), Chennai. The facts in brief are as follows:-
2. One K.Radhakrishnan, the husband of the 1st appellant and father of appellants 2 to 4 and son of the 5 th appellant had died on account of road accident on 30.03.2014. The appellant would submit that the deceased Radhakrishnan was working as a Welder and owned his own proprietary concern called M/s Amman Engineering Works.
3. It is their case that he earned a monthly income of anything between Rs.15,000/- to Rs.20,000/-. On 30.03.2013 at about 9.30 hours the deceased was riding his TVS XL Super vehicle bearing Registration 2/9 https://www.mhc.tn.gov.in/judis CMA.No.1768 of 2018 No.TN-20-TY-4000 and proceeding from Thirumullavoil to Ambatur on the CTH Road. While he was proceeding and neared S.V.Hospital, Ambattur, the motor cycle bearing Registration No.TN-12-B-3054 coming from the opposite direction and driven in a rash and negligent manner at high speed by its driver dashed against the motor cycle of the said Radhakrishnan on account of which he had sustained multiple fractures and injuries and despite the best possible treatment ultimately succumbed to his injuries on 14.05.2014. They had therefore claimed a compensation of a sum of Rs.49,00,000/-.
4. The 1st respondent /owner of the motor cycle remained ex parte and it was only the 2nd respondent /insurance company which had contested the claim. In their counter they would attribute negligence only on the part of the deceased and would state that even assuming that the rider of the 1st respondent's motor cycle was also negligent then the Tribunal ought to have held contributory negligence on the deceased as well. They had questioned the quantum of compensation that was claimed as being on the higher side. 3/9
https://www.mhc.tn.gov.in/judis CMA.No.1768 of 2018
5. The Tribunal below after going through the evidence held that the accident had occurred only on account of the rash and negligent driving of the rider of the 1st respondent's vehicle. Thereafter, the Tribunal has assessed the injuries sustained by the deceased and also the period of treatment taken by him arrived at a notional monthly income of Rs.8,000/- and awarded a sum of Rs.15,40,000/-. Aggrieved by the fact that the Tribunal has not considered the documents filed by them to show that the deceased was a Welder and earning at least a sum of Rs.15,000/- per month, the claimants have filed the above appeal.
6. Heard the learned counsel on either side.
7. Since the claimant's are challenging only the quantum of compensation, I do not deem it necessary to discuss the issue of negligence. The appellants have contended that the deceased Radhakrishnan was a Welder running his own business. However no documents have been filed to prove that the petitioner was a Welder. Ex.P.6, bills have been produced and in the absence of a serious contest by the insurance company the same 4/9 https://www.mhc.tn.gov.in/judis CMA.No.1768 of 2018 could be considered to verify the contention of the appellants that the deceased was a Welder. As regards the income, the Tribunal below has only assessed a notional monthly income at Rs.8,000/- which considering the work done by the deceased is on the lower side. Therefore, the same is enhanced to a sum of Rs.10,000/- per month. The deceased was aged 43 years and therefore, 25% should be added towards future prospects. The monthly notional income would be a sum of Rs.12,500/-. The claimants are the wife, children and mother of the deceased. Taking a cue from the Judgment of the Hon’ble Supreme Court reported in Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr. (2009) 4 MLJ (SC) 997 at para 11. and also considering the fact that there are 5 claimants, 1/5th has to be deducted towards his personal expenses. Therefore the monthly contribution to the family is a sum of Rs.10,000/-. The appropriate multiplier that is to be taken is ‘14’. Therefore, the amount under the head of loss of dependency is a sum of Rs.16,80,000/- The amount under the head of love and affection for appellants 2 to 4 would work out to a sum of Rs.40,000/- x 4 = Rs.1,60,000/- and therefore, the amount of Rs.2,00,000/- granted by the Tribunal under this head is reduced to a sum of Rs.1,60,000/- . The amounts under the other heads remained unchanged. 5/9 https://www.mhc.tn.gov.in/judis CMA.No.1768 of 2018 Therefore, the reworked compensation would be as follows:-
S.No Description Amount Amount Award confirmed awarded awarded by or enhanced or by this Court granted or Tribunal (Rs) reduced (Rs)
1. Total loss of dependency 12,60,000/- 16,80,000/- Enhanced
2. Loss of Consortium 40,000/- 40,000/- Confirmed
3. Loss of love and affection 2,00,000/- 1,60,000/- Reduced
4. loss of estate 15,000/- 15,000/- Confirmed
5. Transport charges 10,000/- 10,000/- Confirmed
6. Funeral Expenses 15,000/- 15,000/- Confirmed TOTAL 15,40,000/- 19,20,000/- Enhanced by Rs.3,80,000/-
10. Therefore, the Civil Miscellaneous Appeal is allowed and the award of the Tribunal be and hereby is enhanced to a sum of Rs.19,20,000/- from Rs.15,40,000/- together with interest @ 7.5 % per annum from the date of petition till the date of deposit. In all other aspects the award of the Tribunal is confirmed. The 2nd respondent/ insurance company is directed to deposit the said amount (Rs.19,20,000/-) to the credit of M.A.C.T.O.P.No.1930 of 2015 on the file of the Motor Accident Claims Tribunal, (Court of Small Causes), Chennai together with interest @ 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, 6/9 https://www.mhc.tn.gov.in/judis CMA.No.1768 of 2018 within a period of eight weeks from the date of receipt of a copy of this Judgment. On such deposit being made, appellants 1 , 3 & 5 are permitted to withdraw their respective shares as apportioned by the Tribunal below. Since the respondents 2 & 4 being minors in M.A.C.T.O.P.No.1930 of 2015, their respective shares of award amount as apportioned by the Tribunal shall be deposited in an interest bearing fixed deposit in any Nationalized bank till they attain majority. However, the accrued interest under the fixed deposit shall be permitted to be withdrawn by the guardian/mother once in 3 months directly from the bank. If the minors has attained the age of majority, it is open to them to file formal petition before the Tribunal to get their shares of apportionment. The claimants shall pay the Court fee for the enhanced amount, if payable. The Tribunal shall not disburse of the amount till such time as the certified copy showing proof of entire payment of Court fee has been produced. No costs. Consequently, connected miscellaneous petitions is closed.
28.06.2022 Index : Yes/No Internet: Yes/No shr 7/9 https://www.mhc.tn.gov.in/judis CMA.No.1768 of 2018 To
1. The Motor Accidents Claims Tribunal, (Court of Small Causes), Chennai.
2.The Section Officer, V.R.Section, High Court, Madras.
8/9 https://www.mhc.tn.gov.in/judis CMA.No.1768 of 2018 P.T. ASHA, J, shr CMA.No.1768 of 2018 and CMP.No.4201 of 2021 28.06.2022 9/9 https://www.mhc.tn.gov.in/judis