M.Thilagavathi v. M.Santhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No. 1993 of 2021 1.

M. Thilagavathi

2. Minor Swetha Rep. by mother guardian, NF, M. Thilagavathi, the 1st appellant herein

3. Angamma ... Appellants/Petitioners Vs.

1.

M. Santhi

2. The Divisional Manager, The New India Assurance Co. Ltd., DO III Floor, No.179, JN Street, Puducherry - 605001. ... Respondents/Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed in M.C.O.P. No.4384 of 2018 dated 11.12.2020 on the file of the Motor Accidents Claims Tribunal, I Additional District and Sessions Judge, Cuddalore.

For Appellants : Ms. Ramya V Rao For Respondents : Mr. R. Sivakumar for R2

JUDGMENT

This appeal has been filed by the claimant seeking enhancement of compensation under the impugned award dated 11.12.2020 passed by the I Additional District and Sessions Court, Motor Accident Claims Tribunal, Cuddalore, in MCOP No.4384 of 2018.

2. The appellants/claimants unsatisfied with the quantum of compensation awarded by the Tribunal have preferred this appeal seeking for enhancement.

3.The details of compensation awarded by the Tribunal are as follows:

Heads Amount awarded by the Tribunal (Rs.) Loss of income 16,12,800 Loss of consortium 40,000 Loss of love and affection 45,000 Transport Expenses 15,000 Funeral expenses 15,000 Total 17,27,800

4. Heard Ms.Ramya V. Rao, learned counsel for the appellants and Mr.R. Sivakumar, learned counsel for the 2nd respondent / Insurance Company.

5. The deceased was a Mason by profession at the time of the accident. In the claim petition, the appellants / claimants have pleaded that the deceased was earning Rs.50,000/-p.m. However, the Tribunal has fixed the notional monthly income of the deceased at Rs.9,000/-, which in the considered view of this Court is low. Even though the appellants / claimants have not filed any documentary evidence to prove the income of the deceased, the fixation of the notional monthly income at Rs.9,000/- is low as the accident happened in the year 2018. After giving due consideration to the year of the accident and the avocation of the deceased, this Court enhances the notional monthly income of the deceased to Rs.12,000/- instead of Rs.9,000/- erroneously fixed by the Tribunal. The Tribunal has awarded a compensation of Rs.

16,12,800/- towards loss of income by adopting the correct multiplier of 16 and by correctly awarding future prospects at 40% to the appellants / claimants as the deceased was aged 32 years at the time of the accident. Since the notional monthly income of the deceased is enhanced by this Court to Rs.12,000/-, the compensation towards loss of income to the appellants / claimants is enhanced to Rs.21,50,400/- by this Court instead of Rs.16,12,800/- erroneously fixed by the Tribunal.

6. With regard to the compensation awarded by the Tribunal under other heads viz., towards loss of consortium at Rs.40,000/-; towards loss of love and affection at Rs.45,000/-; towards Transport expenses at Rs.15,000/- and towards funeral expenses at Rs.15,000/- are concerned the said compensation cannot be considered to be unjust, as alleged by the appellant / claimants and therefore, the same is confirmed by this Court.

7. For the foregoing reasons, the award of the Tribunal is hereby enhanced in the following manner :

Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) Loss of income 16,12,800 21,50,400 Loss of consortium 40,000 40,000 Loss of love and affection 45,000 45,000 Transport Expenses 15,000 15,000 Funeral expenses 15,000 15,000 Total 17,27,800 22,65,400

8. In the result, the appeal filed by the appellants / claimants, stands partly allowed by enhancing the compensation from Rs.17,27,800/- to Rs.22,65,400/-, as indicated above. No costs.

9. The second respondent / Insurance Company is directed to deposit the entire award amount as assessed by this Court together with interest at 7.5% p.a. from the date of claim petition till the date of realization, less the amount, if any, already deposited to the credit of MCOP No.4384 of 2018, on the file of the Motor Accidents Claims Tribunal, I Additional District and Sessions Judge, Cuddalore, within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the first and third appellants / major claimants as per the same ratio of apportionment made by the Tribunal through RTGS, within a period of two weeks thereafter.

Insofar as the share of the second appellant / minor claimant is concerned, the same shall be deposited in Fixed deposit in any one of the Nationalised Banks, till she attains the age of majority and the interest accrued thereon shall be withdrawn by the guardian of the minor claimant once in three months, directly from the Bank. Necessary Court fee, if any has to be paid by the appellants / claimants before receiving the copy of this Judgment.

ab/vsi2 To

1. The I Additional District and Sessions Judge, Motor Accidents Claims Tribunal, Cuddalore.

Copy To The Section Officer, V.R. Section, High Court, Madras.

+2cc to Mr.Ramya V.Rao, Advocate SR.No.53325 +1cc to Mr.R.Sivakumar, Advocate SR.No.52989 CMA.No.1993 of 2021 NR(CO) GN(26/11/2021)