Sinduja (Minor) v. G. Narayana Reddy.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.423 of 2015 1.Minor.V.Sinduja (Minor first appellant represented by her father and natural guardian, Vijayakumar) 2.K.Vijayakumar .. Appellants/Petitioner Vs.
1.G.Narayana Reddy 2.The United India Insurance Company Limited, Third Party Claim Cell, No.38, Anna Salai, Chennai - 600 002.
At present, Ceeling Building, No.134, Greams Road, Chennai - 600 006. .. Respondents/Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 23.07.2010 made in M.C.O.P.No.4718 of 2003 on the file of the II Motor Accident Claims Tribunal, Additional District and Sessions Court, Fast Track Court No.IV, Chennai. For Appellants : Mr.V.Sivakumar For R2 : Mr.M.J.Vijayaraaghavan
J U D G M E N T
This Civil Miscellaneous Appeal has been filed for enhancement of compensation of the award dated 23.07.2010 made in M.C.O.P.No.4718 of 2003 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Court, Fast Track Court No.IV, Chennai.
2.The appellants are the claimants in M.C.O.P.No.4718 of 2003 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Court, Fast Track Court No.IV, Chennai. They filed the above said claim petition, claiming a sum of Rs.6,00,000/- as compensation for the death of one
Mullaikodi, who died in the accident that took place on 14.10.2002.
3.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the lorry belonging to the first respondent and directed the respondents to pay a sum of Rs.6,00,000/- as compensation to the appellants. 4.Not being satisfied with the amount granted by the Tribunal, the appellants have come out with the present appeal seeking enhancement of compensation.
5.The learned counsel appearing for the appellants contended that the deceased was working as an Accounts Manager in CMS Computer Institute Training Division, Chennai and was earning a sum of Rs.6,000/- per month. The deceased was also having degree with additional qualification of typewriting and knowledge in computer. The Tribunal erroneously fixed a meager sum of Rs.4,500/- as monthly income of the deceased and granted meager amount towards loss of dependency. The deceased was aged 30 years at the time of accident and the correct multiplier applicable is '17' and the Tribunal erroneously applied multiplier '16'. The total compensation awarded by the Tribunal is meager and prayed for enhancement of compensation. 6.Per contra, Mr.M.J.Vijayaraaghavan, learned counsel appearing for the second respondent-Insurance Company contended that the appellants have claimed only a sum of Rs.6,00,000/- as compensation and the said amount was granted by the Tribunal and hence appellants are not entitled for any enhancement and prayed for dismissal of the appeal.
7.I have heard the learned counsel appearing for the appellants as well as the second respondent-Insurance Company and perused the entire materials on record.
8.From the materials available on record it is seen that the appellants have contended that the deceased was working as an Accounts Manager in CMS Computer Institute Training Division, Chennai and was earning a sum of Rs.6,000/- per month. To prove the said contention, the appellants have produced Ex.P16/salary certificate. The Tribunal rejected Ex.P16, on the ground that author of the said certificate was not examined before the Tribunal to prove the salary and the Tribunal, fixed a sum of Rs.4,500/- as monthly income of the deceased, which is meager. A sum of Rs.5,000/- is fixed by this Court as monthly income of the deceased. The deceased was aged 30 years at the time of accident and the Tribunal has not granted any amount towards
future prospects. The appellants are entitled to 40% enhancement towards future prospects. The correct multiplier applicable is '17' and the Tribunal erroneously applied multiplier '16'. The compensation awarded by the Tribunal towards loss of dependency is modified to Rs.9,52,000/- [Rs.5,000/- + 40% of Rs.5,000/- X 12 X 17 X 2/3]. The Tribunal has awarded a sum of Rs.10,000/- towards funeral expenses, which is meager and the same is hereby enhanced to Rs.15,000/-. A sum of Rs.10,000/- each awarded by the Tribunal towards loss of consortium and loss of love and affection are meager and are hereby enhanced to Rs.40,000/- each. The Tribunal has not awarded any amount towards loss of estate and a sum of Rs.15,000/- is granted by this Court towards loss of estate. Thus, the compensation awarded by the Tribunal is modified as follows:
S.
No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted
1. Loss of dependency 5,76,000/- 9,52,000/- enhanced
2. Funeral expenses 10,000/- 15,000/- enhanced
3. Loss of love and affection 10,000/- 40,000/- enhanced
4. Loss of consortium 10,000/- 40,000/- enhanced
5. Loss of estate - 15,000/- granted Total Rs.6,06,000/- rounded off to Rs.6,00,000/- Rs.10,62,000/ - enhanced by Rs.4,62,000/ - 9.It is well settled that Tribunal and Court must award just compensation and have power to award more amount than claimed by the claimants in the facts and circumstances of the case. This Court exercising the discretionary power, has granted more compensation than claimed by the claimants considering all the materials on record in its entirety.
10.In the result, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.6,00,000/- is hereby enhanced to Rs.10,62,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The respondents are directed to deposit the enhanced award amount now determined by this Court, along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. The appellants are directed
to pay the Court fee, if any on the enhanced amount of compensation. On such deposit, the second appellant is permitted to withdraw his respective share of the enhanced award amount now determined by this Court, as per the ratio of apportionment fixed by the Tribunal, along with interest and costs, less the amount if any, already withdrawn by making necessary applications before the Tribunal. The share of the minor first appellant is directed to be deposited in any one of the Nationalized Banks, till the minor first appellant attains majority. On such deposit, the second appellant being the father of the minor first appellant is permitted to withdraw the accrued interest once in three months for the welfare of the minor first appellant. No costs.
Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar krk To 1.The Additional District and Sessions Judge, Motor Accident Claims Tribunal, Fast Track Court No.IV, Chennai.
2.The Section Officer, VR Section, High Court, Madras.
+1cc to Mr.V.Sivakumar, Advocate SR.No.28950 +1cc to Mr.M.J.Vijayaraaghavan, Advocate SR.No.29894 C.M.A.No.423 of 2015 PM(CO) GMY(04/09/2019)