Arjunan v. K.Ashok

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM:

MR.JUSTICE N.SESHASAYEE 1.Arjunan 2.Rani 3.Chandrakala 4.Minor Lakshmi (Minor is rep. by his N.F/Father 1st appellant) 5.Beeamannan 6.Mariyamma ... Appellants Vs.

1.K.Ashok 2.The Divisional Manager Oriental Insurance Company Ltd.

Divisional Office, Ground Floor Arunagiri Complex No.25-C, Byepass Road Hosur 635109 ... Respondents PRAYER:This Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 03.09.2019 made in M.C.O.P.No.716 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Krishnagiri. 1/7

For appellants :

Mr.S.P.Yuaraj For respondents : Mr.J.Pradeep - R1 Mr.J.Chandran - R2

JUDGMENT

In a fatal accident involving a motorcycle and a cab, the rider of the motorcycle was killed. The accident took place on 06.07.2014. The victim of the accident was barely 21 years old and was running a tea shop and maintained and supported a family of six, which included his parents, grand parents and siblings. Claiming compensation, these claimants approached the Tribunal and it has determined the compensation payable at Rs.16,07,000/-. In arriving at the compensation payable on the head of loss of dependency, the Tribunal had reckoned the monthly income of the victim at Rs.10,000/-, to which it added another 40% towards future prospects and applied 18 as a multiplier and reduced it by 50% to arrive at a sum of Rs.15,12,000/-. The break up of the compensation payable under different heads is as below:

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Sl.No.

Heads under which compensation awarded Amount Loss of Dependency Rs.15,12,000/- Loss of consortium Rs. 20,000/- Love and Estate Rs. 20,000/- Funeral Expenses Rs. 15,000/- Towards Love and Affection Rs. 40,000/- Total Rs.16,07,000/- 2.Aggrieved by the perceived inadequacy of the compensation, the claimants are now before the Court.

3.Heard both sides.

4.The learned counsel for the appellants submitted that the victim was running a tea stall and it is proved by Ex.P.6 / receipt and that the Tribunal ought to have fixed the notional income more realistically. 5.Taking into account the facts of the case and the nature of avocation of the victim, this Court deems it appropriate to fix Rs.12,000/- as notional monthly income of the victim, to which it adds another 40% towards future 3/7

prospects. Applying 18 as a multiplier and reducing it by 50%, the net value of loss of dependency is assessed at Rs.18,14,400/-. The other non pecuniary conventional heads of compensation, certain modifications are made. The revised compensation reads as below: Sl.

Amount granted by the Tribunal Amount modified by this Court Final amount granted by this Court No.

1.

Loss of dependency Loss of dependency Rs.18,14,400/- Rs.15,12,000/- Rs.18,14,400/- Loss of Consortium Loss of Consortium Rs. 20,000/- = Rs.20,000/- = Rs.20,000/- Towards Love and Affection = Rs.40,000/- Towards Love and Rs. 2,40,000/- Affection = Rs.2,40,000/- (Rs.40,000/- x 6) Loss of Estate = Rs.20,000/- - Rs. 20,000/- Funeral Expenses = Rs.15,000/- - Rs. 15,000/- Total Rs.16,07,000/- Enchanced to Rs.5,02,400/- Rs.21,09,400/- 6.In conclusion, this appeal is allowed.

(i) Compensation is enhanced from Rs.16,07,000/- to Rs.21,09,400/-. (ii)The Insurance Company is now required to deposit the sum herein awarded with interest at 7.5%, less any amount already deposited by it. 4/7

(iii)No interest is payable for 79 days in terms of the order passed in C.M.P.No.12168 of 2021 in C.M.A.SR.No.65473 of 2021. (iv) The sum awarded is now required to be deposited to the credit of M.C.O.P.No.716 of 2018, on the file of Motor Accidents Claims Tribunal (Special District Court), Krishnagiri, within a period of six (6) weeks from the date of receipt of a copy of this order.

(v)On such deposit, the claimants are entitled to withdraw the entire compensation along with interest as per existing rules on filing necessary application before the Tribunal after the payment of court fee for the enhanced compensation, if any.

(vi) The Registry is directed to draft the decree only after the receipt of enhanced court fee.

(vii) The share of the minor, if any, shall be invested in a Nationalized Bank in reinvestment scheme till she attains majority. It is made clear that 5/7

N.SESHASAYEE, J.

kas the interest accrued on such deposit shall be withdrawn by the 1st claimant / father of the minor once in three months.

(viii) There is no order as to costs in this appeal. 30.11.2023 kas Index : Yes / No To.

The Motor Accidents Claims Tribunal Special District Court Krishnagiri 6/7

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