Shebijapamani v. Pasupuleti Srinivasalu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. SHEBIJAPAMANI W/o.Stephen Raj, No.1/66, Madhakoil Street, Othikkadu(V), Thiruvallur 602 021.
2. Mr.Albert S/o.Murali, No.1/66, Madhakoil Street, Othikkadu(V), Thiruvallur 602 021.
Appellant(s) Vs
1. Pasupuleti Srinivasalu S/o.Pasupuletisingaiah, No.1/107, Vidyanagar, 4th Line, Mulaguntapadu, 2.The Manager New India Asurance Company Ltd., Motor T.P.Claims, No.232, 6th Floor, NSC Bose Road, Chennai 600 001.
3.Pasupuleti Srinivasalu S/o.Pasupuletisingaiah, No.1/107,
Vidyanagar, 4th Line, Mulaguntapadu, 4.The Manager Magma HDI General Insurance Company Ltd., Motor T.P.Claims, No.600, Nelson Manickam Road, Amnjikarai, Chennai 600 094.
5.Murali @ Muralidass S/o.Vaali, NO.3, Meraji Desai Cross Street, Choolaipuram, Annai Arivalayamnagar, MGR Nagar, Chennai 600 078.
Respondent(s) PRAYER To allow appeal and to enhance the amount awarded in MCOP No.61 of 2021 on the file of Motor Accident Claims Tribunal ( Special District Court Deal with MCOP Cases No.1, Thiruvallur) as prayed for with interest and cost. For Appellant(s):
U. Chithambaram For Respondent(s):
M/s.S.Dhakshnamoorthy For R2 R-4 - No Appearance R5-no Such Person R1 And R3 - Tapal Not Yet Returned Either Served Or Unserved
JUDGEMENT This Civil Miscellaneous Appeal has been filed to to enhance the amount awarded in MCOP No.61 of 2021 on the file of Motor Accident Claims Tribunal ( Special District Court Deal with MCOP Cases No.1, Thiruvallur) ( in short ''tribunal'').
2. The brief facts of the case:
On 19.09.2019 at about 6.45pm in Tiruvallur to Redhills road near Ikkadu Kandigai village bus stop, opposite to Naidu Tiffin shop, Bommi was riding in the pillion in Honda Unicorn motor cycle bearing registration No.TN-20-CR-4332 driven by the Albert, her son on the extreme left side of the road during which, a lorry bearing registration No.AP-27-TX-2142 heading in the same direction came in a rash and negligent manner and while trying to overtake the motor cycle hit and knocked down the vehicle due to which Bommi was thrown out on the left side of the road and at the same time another lorry bearing registration No. AP-27-UB-6858 heading in the same direction came in a rash and negligent manner ran over caused
her multiple and crush injuries resulting in her death on the spot. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The Insurance companies/respondents 2&4 contested the case by filing counter. Challenging the quantum of compensation, the claimants preferred this appeal.
3. The learned counsel for the claimants submit that the accident was happened in the year 2019 but the tribunal fixed Rs.8,700/- as notional income of the deceased. Hence, he prays to enhance the compensation.
4. The learned counsel for the insurance companies submit that the tribunal has rightly fixed compensation which needs no interference.
5. Considering the fact that the accident was happened in the year 2019 and also considering the cost of living at the time of the accident, this Court is inclined to enhance the notional income of the deceased from Rs.8,700/- to Rs.15,000/-. Accordingly, the claimants are entitled to Rs. 21,00,000/- {18750X12x14-(1/3)} under the head of loss of dependency. Except above modification, the award passed by the tribunal remain
unchanged.
S.No.
Heads Compensation awarded by the tribunal.
Compensation awarded by this Court 1.
Loss of income/dependence Rs.12,18,000/- Rs.21,00,000/- 2.
Loss of estate Rs.15,000/- RS.15,000/- 3.
Loss of consortium Rs.80,000/- Rs.80,000/- 4.
Funeral expenses Rs.15,000/- Rs.15,000/- 5.
Transportation charges Nil Nil Total Rs.13,28,000/- Rs.22,10,000/-
6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. Rs.22,10,000/-. The 4 th respondent is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No.61 of 2021 on the file of Motor Accident Claims Tribunal ( Special District Court Deal with MCOP Cases No.1, Thiruvallur), within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal. In so far as the
enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s). Interest for delay period is waived.
7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.
23-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Pasupuleti Srinivasalu S/o.Pasupuletisingaiah, No.1/107, Vidyanagar, 4th Line, Mulaguntapadu, 2.The Manager New India Asurance Company Ltd., Motor T.P.Claims, No.232, 6th Floor, NSC Bose Road, Chennai 600 001.
3.Pasupuletisingaiah S/o.Pasupuletisingaiah, No.1/107, Vidyanagar, 4th Line, Mulaguntapadu,
4.The Manager Magma HDI General Insurance Company Ltd., Motor T.P.Claims, No.600, Nelson Manickam Road, Amnjikarai, Chennai 600 094.
5.Murali @ Muralidass S/o.Vaali, NO.3, Meraji Desai Cross Street, Choolaipuram, Annai Arivalayamnagar, MGR Nagar, Chennai 600 078.
6. The Section Officer, V.R Section, High Court, Madras.
7. The Motor Accident Claims Tribunal ( Special District Court Deal with MCOP Cases No.1, Thiruvallur)
T.V.THAMILSELVI J.
pbl 23-06-2025