Savitha v. Palanisamy S/O Raman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.2075 of 2019 1.Savitha 2.Sarasu 3.Marimuthu .. Appellants/Petitioner Vs.
1.Palanisamy 2.The New India Assurance Company Limited, No.66-C, North Car Street, Tiruchengode.
.. Respondents/Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 29.06.2018 made in M.C.O.P.No.501 of 2014 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchengode.
For Appellants : Mr.T.S.Arthanareeswaran For R2 : Mr.J.Chandran
J U D G M E N T
This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the award dated 29.06.2018 made in M.C.O.P.No.501 of 2014 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchengode. 2.The appellants are the claimants in M.C.O.P.No.501 of 2014 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruchengode. They filed the above said claim petition, claiming a sum of Rs.25,00,000/- as compensation for the death of one Rajesh, who died in the accident that took place on 05.06.2014.
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 van belonging to the first respondent and directed the second respondentInsurance Company to pay a sum of Rs.6,87,000/- as compensation
to the appellants at the first instance and recover the same from the first respondent, owner of the vehicle. 4.Not being satisfied with the amount granted by the Tribunal, the appellants have come out with the present appeal. 5.The learned counsel appearing for the appellants contended that the deceased was a tempo lorry driver and was earning a sum of Rs.20,000/- per month at the time of accident. The Tribunal fixed a sum of Rs.4,500/- as monthly income of the deceased, which is meagre. The deceased was aged 26 years at the time of accident and the Tribunal has not granted any enhancement towards future prospects. The Tribunal failed to grant any amount towards loss of estate. The total compensation granted by the Tribunal under other heads are meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the second respondent-Insurance Company contended that the appellants have not let in any material evidence to prove that the deceased was earning a sum of Rs.20,000/- as monthly income at the time of accident. In the absence of material evidence, the Tribunal fixed a sum of Rs.4,500/- as monthly income, which is not meagre. The appellants are not entitled to any enhancement towards future prospects. The amount awarded by the Tribunal under different heads are not meagre and prayed for dismissal of the appeal.
7.I have heard the learned counsel for the appellants as well as the second respondent 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 a tempo lorry driver and was earning a sum of Rs.20,000/- per month at the time of accident. In the absence of material evidence, the Tribunal fixed a sum of Rs.4,500/- as monthly income, which is meagre. The accident occurred in the year 2014. A sum of Rs.9,000/- is fixed by this Court as monthly income of the deceased. The deceased was aged 26 years at the time of accident and the Tribunal has not granted any enhancement towards future prospects. The appellants are entitled to 40% enhancement towards future prospects. Applying the multiplier '17' and after deducting 1/3rd towards the personal expenses of the deceased, the compensation granted by the Tribunal towards loss of income is modified to Rs.17,13,600/- {[Rs.9,000/- + Rs.3,600/- (40% of
Rs.9,000/-)] X 12 X 17 X 2/3}. The Tribunal has awarded a sum of Rs.25,000/- towards loss of love and affection and the same is hereby modified as the appellants 2 and 3 are entitled to a sum of Rs.25,000/- each towards loss of love and affection. The Tribunal has awarded a sum of Rs.10,000/- towards funeral expenses, which is meagre and the same is hereby enhanced to Rs.15,000/-. The Tribunal has not granted any amount towards loss of estate. A sum of Rs.15,000/- is granted by this Court towards loss of estate. The compensation awarded by the Tribunal towards loss of consortium is hereby confirmed. 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 income 6,12,000/- 17,13,600/- Enhanced 2.
Funeral expenses 10,000/- 15,000/- Enhanced 3.
Loss of consortium 40,000/- 40,000/- Confirmed 4.
Loss of love and affection 25,000/- 50,000/- Enhanced 5.
Loss of estate - 15,000/- Granted Total Rs.6,87,000/- Rs.18,33,600/- enhanced by Rs.11,46,600/- 9.In the result, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.6,87,000/- is hereby enhanced to Rs.18,33,600/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The second respondent-Insurance Company is directed to deposit the enhanced award amount now determined by this Court at the first instance and recover the same from the first respondent, 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 are permitted to withdraw their 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
appellants are directed to pay the necessary Court fee if any, for the enhanced award amount now determined by this Court. No costs.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar krk To 1.The Subordinate Judge, Motor Accident Claims Tribunal, Tiruchengode.
+1 cc to Mr.J.Chandran Advocate sr34920 +2 ccs to Mr.C.Paraneedharan Advocate sr34284 C.M.A.No.2075 of 2019 pa(co) aa24/09/2019