Kamala v. R.Arvindh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.1571 of 2019 1.Kamala 2.Jeyakumar .. Appellants/Claimants Vs.

1.R.Arvindh 2.The New India Assurance Co. Ltd., No.45, Moore Street, Parrys, Chennai 01.

.. Respondents/Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award dated 26.09.2018, made in M.C.O.P.No.4457 of 2015, on the file of the V Small Causes Court, (Motor Accident Claims Tribunal), Chennai. For Appellants : Mr.K.Varadha Kamaraj

J U D G M E N T

This Civil Miscellaneous Appeal has been filed by the appellants/claimants seeking enhancement of the compensation granted by the Tribunal in the award dated 26.09.2018, made in M.C.O.P.No.4457 of 2015, on the file of the V Small Causes Court, (Motor Accident Claims Tribunal), Chennai. 2.The appellants/claimants filed M.C.O.P.No.4457 of 2015, on the file of the V Small Causes Court, (Motor Accident Claims Tribunal), Chennai, claiming a sum of Rs.10,00,000/- as compensation for the death of Periasamy, who died in the accident that took place on 11.01.2015. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent riding by the 1st respondent, rider-cum-owner of the motorcycle and directed the 2nd respondent-Insurance Company to pay a sum of Rs.4,30,000/- as compensation to the appellants. Not being satisfied with the amount granted by the Tribunal in the award dated 26.09.2018, made in M.C.O.P.No.4457 of 2015, the appellants have come out with the present appeal.

3.Heard the learned counsel appearing for the appellants and perused the materials available on record.

4.The contention of the learned counsel appearing for the appellants that the Tribunal erred in fixing the monthly income of the deceased at Rs.7,500/-, instead of fixing a sum of Rs.500/- as the income of the deceased per day and the amount granted by the Tribunal towards loss of dependency and under different heads are meagre, are contrary to the materials available on record. From the award of the Tribunal, it is seen that the appellants contend that the deceased was running a tea shop and earning a sum of Rs.500/- per day. In the absence of any evidence to substantiate the same, the Tribunal fixed a sum of Rs.7,500/- per month as the notional income of the deceased, which is in order. The deceased was aged 75 years at the time of accident. Hence, the Tribunal rightly did not grant any amount towards future prospects of the deceased.

Deducting 1/3rd towards the personal expenses of the deceased and applying the multiplier '5', the Tribunal has rightly granted compensation under the head, loss of dependency. Considering all the materials on record, the Tribunal has granted compensation, which is not meagre. There is no error in the said award warranting interference by this Court.

5.In the result, the appeal is dismissed and award granted by the Tribunal at Rs.4,30,000/- along with interest and costs is confirmed. The 2nd respondent-Insurance Company is directed to deposit the award amount along with interest and costs, within a period of six weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P.No.4457 of 2015. On such deposit, the appellants/claimants are permitted to withdraw their shares of the award amount along with interest and costs, as per the ratio of apportionment fixed by the Tribunal, less the amount already withdrawn if any, by filing necessary application before the Tribunal. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar gsa To 1.The V Small Causes Court, (Motor Accident Claims Tribunal), Chennai.

2.The Section Officer, V.R. Section, High Court, Madras.

+1 CC to Mr.K.Varadha Kamaraj, Advocate sr 19604. C.M.A.No.1571 of 2019 KJ(CO) SP(16/10/2019)