M.Janani v. A.R.Muthuraja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2021 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.759 of 2021 1.M.Janani 2.T.Manikandan ...Appellants / Petitioners Vs.

1.A.R.Muthuraja 2.National Insurance Company Limited, 1st Floor, Karthikeya Complex, No.403, B-10, Mettur Main Road, Bhavani, Erode - 638 301.

3.National Insurance Company Limited, Selvanayagi Complex, Perundurai Road, Near Collector Office, Erode - 638 011.

...Respondents / Respondents

Prayer : This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 08.07.2020 made in M.C.O.P.No.679 of 2018 on the file of the Motor Accident Claims Tribunal, Special District Court, Erode.

For Appellants :

Mr.S.P.Yuaraj For RR 2 & 3 :

Mrs.R.Sreevidhya

J U D G M E N T

The matter is heard through "Video Conferencing/Hybrid mode". 2.This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the award dated

08.07.2020 made in M.C.O.P.No.679 of 2018 on the file of the Motor Accident Claims Tribunal, Special District Court, Erode. 3.The appellants are the claimants in M.C.O.P.No.679 of 2018 on the file of the Motor Accident Claims Tribunal, Special District Court, Erode. They filed the above said claim petition, claiming a sum of Rs.15,00,000/- as compensation for the death of their Mother viz., T.Rani, who died in the accident that took place on 10.08.2018.

4.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 bus owned by 1st respondent and directed the 2nd respondent-National Insurance Company Limited, Bhavani to pay a sum of Rs.11,70,000/- as compensation to the appellants and dismissed the claim petition as against the 3rd respondent-National Insurance Company Limited, Erode.

5.Not being satisfied with the amounts awarded by the Tribunal, the appellants have come out with the present appeal seeking enhancement of compensation.

6.The learned counsel appearing for the appellants contended that at the time of accident the deceased was a Coolie, aged 44 years and earning a sum of Rs.10,000/- per month. But the Tribunal fixed a meagre sum of Rs.7,500/- per month as notional income of the deceased. The Tribunal ought to have fixed a sum of Rs.10,000/- as monthly income of the deceased as claimed by the appellants and awarded compensation. The amounts awarded by the Tribunal towards loss of love and affection, funeral expenses and transportation are meagre. The Tribunal failed to award any amount towards loss of estate and pain and sufferings and prayed for enhancement of compensation. 7.Per contra, learned counsel appearing for the respondents 2 & 3 contended that the appellants failed to prove the avocation and income of the deceased. In the absence of any material evidence with regard to avocation and income, a sum of Rs.7,500/- per month fixed by the Tribunal as notional income of the deceased is not meagre. The amounts awarded by the Tribunal under conventional heads are also not meagre and the

appellants are not entitled to any amount towards pain and sufferings. The Tribunal considering entire materials on record, has awarded a sum of Rs.11,70,000/- as compensation to the appellants and the same is not meagre. The appellants have not made out any case for enhancement of compensation. The Tribunal already dismissed the claim petition against the 3rd respondentInsurance Company and prayed for dismissal of the appeal. 8.Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondents 2 & 3 and perused the entire materials on record. 9.It is the case of the appellants that at the time of accident the deceased was a Coolie aged 44 years and was earning a sum of Rs.10,000/- per month.

Except oral evidence, the appellants have not filed any document to prove the avocation and income of the deceased. In the absence of any document with regard to avocation and income, the Tribunal considering the age and nature of work done by the deceased, fixed a sum of Rs.7,500/- per month as notional income of the deceased. The accident is of the year 2018. The cost of living has increased enormously and salary of even unskilled workers has increased substantially. Hence, a sum of Rs.10,000/- per month as claimed by the appellants is fixed as notional income of the deceased. As per Ex.P8/postmortem certificate, the deceased was aged 44 years at the time of accident. The Tribunal following the judgments of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs.

Delhi Transport Corporation & another] and 2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and others], rightly applied multiplier '14' and granted 25% enhancement towards future prospects. There are two dependants of the deceased and the Tribunal has rightly deducted 1/3rd towards personal expenses of the deceased. Thus, by fixing Rs.10,000/- per month as notional income of the deceased, the compensation awarded by the Tribunal towards loss of dependency is modified to Rs.14,00,000/- {Rs.12,250/- [Rs.10,000/- + Rs.2,500/- (25% of Rs.10,000/-)] X 12 X 14 X 2/3}. This Court is of the considered view that the amounts awarded by the Tribunal under other heads are just and reasonable and hence, the same are hereby confirmed. The appellants are not entitled to any amount towards pain and sufferings.

10.It is well settled that the Tribunal and the Courts have to award just compensation. Though the claimant has claimed lesser compensation, the Courts have power to grant just compensation more than the amount claimed by the claimants. Thus, the compensation awarded by the Tribunal is modified as follows:

Award confirmed or enhanced or granted S.

No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs)

1. Loss of dependency 10,50,000/- 14,00,000/- Enhanced

2. Loss of love and affection 80,000/- 80,000/- Confirmed

3. Funeral expenses 15,000/- 15,000/- Confirmed

4. Loss of estate 15,000/- 15,000/- Confirmed

5. Transportation 10,000/- 10,000/- Confirmed Total Rs.11,70,000/- Rs.15,20,000/- Enhanced by Rs.3,50,000/- 11.In the result, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.11,70,000/- is hereby enhanced to Rs.15,20,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The 2nd respondent-National Insurance Company Limited, Bhavani is directed to deposit the 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 to the credit of M.C.O.P.No.679 of 2018 on the file of the Motor Accident Claims Tribunal, Special District Court, Erode.

On such deposit, the appellants are permitted to withdraw their respective share of the award amount now determined by this Court, as per the ratio of apportionment fixed by the Tribunal, along with proportionate interest and costs, less the amount if any, already withdrawn by making necessary applications before the Tribunal. The appellants are directed to pay the necessary Court fee for the enhanced amount of compensation now determined by this Court.

dismissed as against the 3rd respondent-National Insurance Company Limited, Erode. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar krk To 1.The Special District Judge, Motor Accident Claims Tribunal, Erode.

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

+1cc to Mr.SP.Yuaraj, Advocate SR.No.18042 +1cc to M/s.R.Sree Vidya, Advocate SR.No.18034 C.M.A.No.759 of 2021 AK-II(CO) RVM(09/11/2021)