Selvi @ Tamilselvi v. P.Sengottiyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.821 of 2024 1.Selvi @ Tamilselvi 2.Vijay 3.Deepa 4.Minor Kavin 5.Minor Kavin 6.Thirumalayai ..Appellants .vs.

1.P.Sengottaiyan 2.M/s.United India Insurance Co., Ltd, Having Issuing Office at Namachivayam Complex No.4/198, Salem Steel Plant Main Road, Maramangalathupatti, Salem Having Divisional Office No.1, TP Hub No.104-A, Ranga Building, Peramanur Main Road, Near Four Roads, Peramanur, Salem.

..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree in MCOP No.378 of 2020 dated 15.07.2022, on 1/8

the file of the Motor Accident Claims Tribunal, Special District Judge, MCOP Tribunal, Salem.

For Appellant : Mr.R.Navaneetha Krishnan For Respondents : Ms.R.Sreevidhya for R2

JUDGMENT

The claimants are the appellants in this appeal and they have filed the present appeal seeking for enhancement of compensation against the Award passed by Special District Judge, MCOP Tribunal, Salem in MCOP No.378 of 2020, dated 15.07.2022.

2.The case of the claimants is that the deceased Kuppan @ Sathasivam was travelling in a lorry in his capacity as a lorry cleaner on 18.012019 at about 19:00 hours. When the vehicle was running at Thanjavur-Trichy main road and reached near Brindavan Hotel, the lorry driver was driving the vehicle in a rash and negligent manner and as a result, the lorry hit the central median and there was a tyre burst, as a result of which lorry capsized and the deceased sustained grievous injuries and died on the spot. It is under these circumstances, the claimants who are the wife, two sons, two daughters and mother have filed the claim petition seeking for compensation. 2/8

3.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 1st respondent had driven the lorry in a rash and negligent manner and hence, the accident had taken place only due to the conduct of the 1st respondent. Having rendered such a finding, the Tribunal proceeded further to fix the compensation and the total compensation was fixed at Rs.11,93,000/- in the following manner: Compensation awarded under the head Amount (in Rs.) Loss of Income [(8000 x 12 x 14=) 13,44,000 - 1/4 (3,36,000) = 10,08,000 Loss of Love and Affection (20,000 x 6) 1,20,000 Loss of Consortium 40,000 Funeral Expenses 25,000 Total 11,93,000 4.The respondent Corporation was directed to pay the compensation with interest at the rate of 7.5% per annum. The claimants not being satisfied with the quantum of compensation granted by the Tribunal have filed the present appeal before this Court.

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5.Heard Mr.R.Navaneetha Krishnan, learned counsel appearing on behalf of the appellants and Mrs.R.Sreevidhya, learned counsel appearing on behalf of the 2nd respondent.

6.This Court has carefully considered the submissions made on either side and also the materials available on record.

7.In the instant case, the deceased was aged about 44 years at the time of the accident which is evident from the aadhar card marked as Ex.P20. He was working as a lorry cleaner. The claimants contended that he was earning not less than Rs.20,000/- per month. However, the Tribunal has fixed the notional income at Rs.8,000/- including the future prospects of 25%. 8.Considering the fact that the accident had taken place in the year 2019 and considering the price index and cost of living, this Court finds that the notional income is on a lower side and hence, this Court is inclined to fix the monthly notional income at Rs.13,000. After 25% is added towards future prospects, the total monthly income will workout to Rs.16,250. In view of the same, the loss of income will be arrived at Rs.20,47,500/- [(13000 + 25% x 12 x 14) - 1/4 ]. 4/8

9.The Tribunal has only granted a sum of Rs.20,000/- for each of the claimants towards the head of 'Loss of love and affection'. Considering the fact that the deceased had died at a crucial time leaving behind the wife, four children and his mother, this Court is inclined to enhance the compensation at Rs.40,000/- for each claimant towards loss of love and affection.

10.The Tribunal has not granted any compensation towards loss of estate and this Court is inclined to grant a sum of Rs.15,000/- towards loss of estate. The Tribunal has fixed funeral expenses ar Rs.25,000/- which is on higher side and the same is reduced to Rs.15,000/- 11.In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:

Compensation awarded under the head Amount (in Rs.) Loss of Income [(13000 + 25% x 12 x 14=) - 1/4 ] 20,47,500 Loss of Love and Affection (40,000 x 5) 2,00,000 Loss of Consortium 40,000 Loss of Estate 15,000 Funeral Expenses 15,000 Total 23,17,500 5/8

12.The compensation awarded by the tribunal at Rs11,93,000/- is enhanced to Rs.23,17,500/-. The second respondent insurance company is directed to deposit the enhanced compensation of Rs.23,17,500/-, 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 of Rs.11,24,500/- is concerned, the appellant/claimant will not be entitled for interest for the period of delay period of 438 days as was ordered by this Court in C.M.P.No.1177 of 2024, dated 18.03.2024. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. It is made clear that the Tribunal had applied the principle of pay and recovery, since the lorry did not have a proper permit. Hence, the compensation that is paid by the Insurance Company to the claimants shall be recoverable from the 1st respondent.

13.This Civil Miscellaneous Appeal is disposed of in the above terms. No costs. 12.04.2024 Index : Yes/No Speaking Order/Non-Speaking Order ssr 6/8

To The Motor Accident Claims Tribunal, Special District Judge, MCOP Tribunal, Salem. 7/8

N. ANAND VENKATESH., J ssr CMA No.821 of 2024 12.04.2024 8/8