Parvathi v. Sengottuvel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.114 of 2018 1.Parvathi 2.Sureshkumar 3.Rathidevi .. Appellants/Petitioner Vs.

1.

Sengottuvel (Notice to R1 may be dispensed with for the set ex-parte before the Tribunal) 2.

Reliance General Insurance Co., Ltd., No.408, 3rd Floor, Perundurai Road, Erode.

.. Respondents/Respondents Prayer:

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 31.08.2017 made in M.C.O.P.No.213 of 2013 on the file of Motor Accident Claims Tribunal, Principal District Judge, Namakkal.

For Appellants : Mr.T.S.Arthanareeswaran For R2 : No appearance

JUDGMENT

The Civil Miscellaneous Appeal is filed by the appellants/claimants seeking enhancement of compensation granted by the Tribunal in the award dated 31.08.2017 made in M.C.O.P.No.213 of 2013 on the file of Motor Accident Claims Tribunal, Principal District Judge, Namakkal. 2.The appellants are claimants in M.C.O.P.No.213 of 2013 on the file of Motor Accident Claims Tribunal, Principal District

Judge, Namakkal. The appellants filed the said claim petition claiming a sum of Rs.50,00,000/- as compensation for the death of one Natesan, who died in the accident that took place on 27.09.2012. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent riding by the rider of the Yamaha Crux motorcycle, belonging to the 1st respondent and directed the 2nd respondent-Insurance Company to pay a sum of Rs.7,09,000/- as compensation to the appellants. Not being satisfied with the amount awarded by the Tribunal, the appellants have come out with the present appeal seeking enhancement of compensation. 3.The learned counsel appearing for the appellants contended that the deceased was doing agriculture, real estate, rig and finance business and was earning a sum of Rs.

1,00,000/- per month. The Tribunal has erroneously fixed a sum of Rs.6,000/- per month as notional income of the deceased which is meagre. The deceased was aged 65 years at the time of the accident. The amounts awarded by the Tribunal are meagre and prayed for enhancement of compensation.

4.Though notice was served on the 2nd respondent-Insurance Company and their name is printed in the cause list, there is no representation on behalf of them either in person or through counsel.

5.Heard the learned counsel appearing for the appellant and perused all the materials available on record. 6.From the materials available on record, it is seen that the appellants have contended that the deceased was doing agriculture, real estate, rig and finance business and was earning a sum of Rs.1,00,000/- per month at the time of the accident. The appellants failed to substantiate their claim that deceased was earning Rs.1,00,000/- per month. The accident is of the year 2012. The Tribunal has erroneously fixed a sum of Rs.6,000/- per month as notional income of the deceased which is meagre. A sum of Rs.7,500/- per month is fixed as notional income of the deceased. The amount awarded by the Tribunal towards loss of dependency is modified to Rs.4,20,000/- (7,500 x 12 x 7 x 2/3). The Tribunal has awarded only a sum of Rs.

1,000/- towards loss of estate and the same is enhanced to Rs.15,000/-. The 1st appellant is the wife of the deceased. No amount is granted towards loss of consortium. A sum of Rs.40,000/- is granted towards loss of consortium for the 1st appellant. The sum of Rs.5,000/- awarded for funeral expenses is enhanced to Rs.15,000/-. The amounts awarded by the Tribunal under all other heads are just and reasonable and the same are hereby confirmed.

S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1.

Loss of dependency 3,36,000 4,20,000 Enhanced 2.

Loss of estate 1,000 15,000 Enhanced 3.

Funeral expenses 5,000 15,000 Enhanced 4.

Love and affection 2,000 2,000 Confirmed 5.

Transportation 5,000 5,000 Confirmed 6.

Medical bills 3,60,000 3,60,000 Confirmed 7.

Loss of consortium (1st appellant) - 40,000 Granted Total Rs.7,09,000 /- Rs.8,57,000/- Enhanced by Rs.1,48,000/- 8.In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.7,09,000/- is hereby enhanced to Rs.8,57,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The appellants-claimants are directed to pay necessary Court fee, if any, on the enhanced compensation. The 2nd respondent-Insurance Company is 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.

On such deposit, the appellants/ claimants are permitted to withdraw their respective share of the enhanced award amount on the basis of apportionment fixed by the Tribunal along with proportionate interest and costs, less the amount if any, already withdrawn. No costs.

To 1.The Principal District Judge, Motor Accidents Claims Tribunal, Namakkal.

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

+2cc to Mr.T.S.Arthanareeswaran, Advocate, S.R.No.20867 C.M.A.No.114 of 2018 NRJK(CO) CS/19/11/2019