Tmt. Desapattu v. S. Rajarajeshwari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2015

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN C.M.A.No.3586 of 2014 1.Tmt.Desapattu 2.Yadhavamoorthy 3.Venugopal 4.Mythili 5.Prabhu ... Appellants/Petitioners vs.

1.S.Rajarajeshwari 2.The National Insurance Co. Ltd., No.751, Anna Salai, Chennai -600 002.

... Respondents / Respondents Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act against the judgment and decree dated 05.06.2013 and made in MACTOP No.377/2010 on the file of the Motor Accident Claims Tribunal, VI Judge, Small Causes Court, Chennai. For Appellants : Mr.V.Velu For Respondents : Mr.D.Bhaskaran for R2

JUDGMENT

The appeal has been preferred by the claimants aggrieved over the quantum of Rs.7,82,000/- granted as compensation for the death of one Manoharan, aged 48 years, a mason stated to be earning a sum of Rs.10,000/- per month.

2. Heard Mr.V.Velu, learned counsel appearing for the appellants/claimants and Mr.D.Bhaskaran, learned counsel appearing for the second respondent/insurance company.

3. The accident had occurred on 03.01.2010. Even in the year 2010, it is very difficult to get a manual labourer for Rs.6,000/- per month and therefore the monthly income fixed by the tribunal is on the lower side. Hence, following the judgment of the Hon'ble Supreme Court in Rajesh & Ors. vs. Rajbir Singh & ors. reported in 2013 (3) CTC 883 , the monthly income including future https://hcservices.ecourts.gov.in/hcservices/

prospects is determined at Rs.7,500/-. 1/3rd is required to be deducted towards personal expenses and the loss of income per month would be Rs.5000/- (7500 less 1/3rd ). The appropriate multiplier to be adopted is 13 and the loss of income is arrived at Rs.7,80,000/- (Rs.5000 x 12 x 13).

4. The amount of Rs.10,000/- awarded by the tribunal towards funeral expenses is too low and hence the same is enhanced to Rs.20,000/-. Similarly, Rs.40,000/- awarded towards love and affection is enhanced to Rs.1,00,000/- and Rs.30,000/- awarded towards loss of consortium is enhanced to Rs.50,000/-. Thus, the award of Rs.7,80,000/- is enhanced to Rs.9,50,000/-, break-up as follows -

(1) Pecuniary loss ...

Rs.7,80,000/-

(2) Loss of consortium ...

Rs. 50,000/-

(3) Funeral expenses ...

Rs. 20,000/-

(4) Loss of love & affection Rs.1,00,000/- -------------------- Total ...

Rs.9,50,000/- ==============

5. In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.

6. The 2nd respondent/insurance company is directed to deposit the enhanced compensation alongwith interest at the rate of 7.5% from the date of petition till the date of deposit, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellants/claimants are permitted to withdraw their share amount on the basis of ratio fixed by the tribunal.

Sd/- Deputy Registrar (Judicial) /true copy/ Sub Asst. Registrar rgr To The VI Judge, Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

1 cc to Mr.V.Velu, Advocate, Sr. 26362 1 cc to Mr.D.Bhaskaran, Advocate, Sr. 26310 C.M.A.No.3586 of 2014 RJ (CO) kk 20/7 https://hcservices.ecourts.gov.in/hcservices/