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Madras High CourtCMA/1497/2021allowed

Lakshmi v. Thenmozhi

2021-04-28Honourable Mr Justice C. Saravanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.1497 of 2021 and C.M.P.No.4328 of 2021 1.Lakshmi 2.Minor.Kasthuri 3.Minor Sudharson 4.Rathinam ...Appellants/Petitioners Vs.

1.Thenmozhi 2.United India Insurance Company Limited, TP HUB, No.104, Ranga Building, Peramanur Main Road, Salem - 7.

...Respondents 1 & 2/Respondents 1 & 2

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 06.10.2018 made in M.C.O.P.No.510 of 2017, on the file of the Motor Accidents Claims Tribunal, II Additional District Judge, Salem.

For Appellants : Mr.S.P.Yuvaraj For Respondent : Mr.M.J.Vijayaragavan for R2

JUDGMENT

The claimants are the appellants in this appeal and they are seeking for enhancement of compensation awarded by the Motor Accidents Claims Tribunal by its impugned judgment and decree dated 06.10.2018 passed in M.C.O.P.No.510 of 2017. 2.By the impugned judgment and decree, the Tribunal has awarded Rs.15,67,500/- under the following heads:-

Loss of dependency (1012500x14) Rs.14,17,500-00 Loss of Love and affection (20,000x4) Rs. 80,000-00 Loss of consortium Rs. 40,000-00 Funeral Expenses Rs. 15,000-00 Transport Expenses Rs. 15,000-00 Total Rs.15,67,500-00 3.The claimants are seeking enhancement of compensation on the ground that the Tribunal has considered a disproportionately low income of Rs.9,000/-pm to award towards Loss of dependency Rs.14,17,500/-. It is submitted that the deceased was a bus conductor and was earning a sum of Rs.20,000/- per month and therefore atleast Rs.15,000/- should be considered as the notional income of the deceased for computing the compensation. 4.It is further submitted that the Tribunal has not awarded the correct amount of compensation towards loss of consortium. It is also submitted that no amount has been awarded towards Future Prospects.

5.Per contra, Mr.M.Vijayaragavan, learned counsel appearing on behalf of the 2nd respondent/Insurance Company submitted that the Tribunal has awarded a just compensation and therefore he prays for dismissal of the appeal.

6.He submitted that the Tribunal has considered all the factors and since no evidence was produced to substantiate the income, the Tribunal has correctly considered a notional income of Rs.9,000/-.

7.Heard the learned counsel for the appellant and the respondents and also perused the impugned judgment and decree and the exhibits that were marked before the Tribunal. 8.The appellant have not produced any evidence to substantiate the income of the deceased Selvam who was stated to be an employee/bus conductor earning a sum of Rs.20,000/- per month.

Nevertheless, the Tribunal has considered disproportionatly a very low income of Rs.9,000/- for a person who was aged about 43 years at the time of accident. Therefore, this Court is of the view that the purpose of computation the compensation, the notional income of the deceased can be considered as Rs.12,500/- pm, considering the fact, that the accident is of the year 2017 on 17.01.2017.

9.The Tribunal has also not correctly determined the amount of compensation payable towards loss of consortium, parental consortium and filial consortium as per the decision of the Hon'ble Supreme Court in Magma Insurance Company Limited Vs Nanuram @ Chuhruram and others, (2018) 18 SCC 130. The Tribunal has also not awarded any amount towards Future Prospects. Therefore, the compensation to be awarded to the appellants is re-computed as follows:- Loss of Dependency Rs.19,68,624 Monthly Notional Income Rs.12,500 + Future Prospectus 25% Rs. 3,125 -------------- Rs.15,625 Deduction towards Personal expenses 1⁄4 Rs.

3,907 --------------- Monthly contribution Rs.11,718 Annual Contribution X Rs.1,40,616 (Annual Contribution X multiplier 14) Rs.19,68,624 Loss of consortium for the 1st appellant Rs. 40,000 Loss of parental consortium for the 2nd and 3rd appellants 40,000 each Rs. 80,000 Loss of filial consortium for the 4th appellant Rs. 40,000 Funeral expenses Rs. 15,000 Transport charges Rs. 15,000 Total Rs.21,58,624/- 10.The 2nd respondent/Insurance Company is therefore directed to deposit the enhanced amount of compensation of Rs.21,58,624/- together with interest at 7.5% per annum from the date of numbering of the claim petition till the date of such deposit, less any amount already deposited by it, within a

period of eight weeks from the date of receipt of a copy of this Judgment.

11.On such deposit being made by the 2nd respondent/Insurance Company, the 1st and 4th appellants/1st and 4th claimants are permitted to withdraw their shares together with interest accrued thereon, less any amount already withdrawn in the same proportion as was ordered by the Tribunal. 12.The 1st appellant/1st claimant are directed to pay the deficit Court fee within a period of eight weeks from the date of receipt of a copy of this order. On such deposit of deficit court fee, the Registry shall draft the decree of this Judgment. It is also made clear that there is no interest to be paid for 445 days being delay in filing the present appeal as per order dated 01.04.2021 in C.M.P.No.4328 of 2012.

13.Since the 2nd and 3rd appellants/2nd and 3rd claimants are stated to be minor at the time of filing of the claim petition, their shares shall be deposited in an interest bearing account and the interest shall be allowed to be withdrawn by his father for the benefit of the minor. On attaining the age of majority, the 2nd and 3rd appellants/2nd and 3rd claimants may also file appropriate application before the Tribunal for withdrawing their shares of compensation.

14.This Civil Miscellaneous Appeal stands Partly Allowed with the above observations. No costs. Consequently, connected Miscellaneous Petition is also closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar jas To:

1.United India Insurance Company Limited, TP HUB, No.104, Ranga Building, Peramanur Main Road, Salem - 7.

2.The Motor Accidents Claims Tribunal, II Additional District Judge, Salem.

3.The V.R.Section, Madras High Court, Madras.

+1 CC to Mr.S.P.Yuvaraj, Advocate sr 25829.

C.M.A.No.1497 of 2021 SP(21/10/2021)