Madras High CourtCMA/2315/2021partly allowed

V.Balammal v. N.Vineshkumar

2021-09-03Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.2315 of 2021 1.V.Balammal 2.C.Varadharaj ...

Appellants/Petitioners

Versus

1. N.Vineshkumar

2. K.Balu 3.The Manager, National Insurance Company Limited, No.1, Marumalarchi Shopping Complex, R.Pudupatti Post, Rasipuram Taluk, Namakkal District.

... Respondents/Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to allow the present appeal award enhanced compensation in judgment and decree dated 30.03.2021 in M.C.O.P.No.131/2018 on the file of the Motor accident Claims Tribunal (Sub Judge), Rasipuram as prayed for in this appeal with cost.

For Appellants : Mrs.V.Revathi For Respondents : Mr.J.Chandran for R3

JUDGMENT

This appeal has been filed by the appellants/claimants seeking enhancement of compensation under the impugned award dated 30.03.2021 passed by the Motor Accident Claims Tribunal, (Sub Judge), Rasipuram in M.C.O.P. No.131 of 2018.

2. The appellants / claimants who are the parents of the deceased who died as a result of an accident caused by a

vehicle insured with the 3rd respondent / Insurance Company and they preferred a claim before the Motor Accident Claims Tribunal, (Sub Judge), Rasipuram in M.C.O.P. No.131 of 2018 seeking compensation for the death of their son.

3. The Motor Accident Claims Tribunal under the impugned award directed the 3rd respondent / Insurance Company to pay the appellants / claimants a compensation of Rs.10,83,000/-, as detailed hereunder :

Heads Amount awarded by the Tribunal (Rs.) For Pecuniary Loss 10,08,000/- For Funeral Expenses 15,000/- For Consortium 40,000/- For Loss of Estate 15,000/- For Transportation 5,000/- Total 10,83,000/-

4. The appellants / claimants unsatisfied with the quantum of compensation awarded by the Tribunal under the impugned award has preferred this appeal seeking for enhancement.

5. Heard Mrs.V.Revathi, learned counsel for the appellants and Mr.J.Chandran, learned counsel for the third respondent / Insurance Company.

6. This Court has perused the materials and evidence available on record before the Tribunal.

7. The deceased was a Sago Factory Labourer, aged 38 years at the time of accident which happened on 18.04.2018. The cause of the accident, age and avocation of the deceased has not been disputed by the respondents as seen from the evidence available on record. In the claim petition, the appellants/claimants had pleaded that the deceased was earning Rs.15,000/- per month. However, the Tribunal under the impugned award has fixed the notional monthly income of the deceased at Rs.8,000/- which in the considered view of this Court is low. If the age, avocation and year of the accident was taken into consideration, the Tribunal ought to have fixed the monthly income of the deceased at a higher sum. This Court after giving due consideration to the age, avocation and year of the accident which happened in

the year 2018 fixed the notional monthly income of the deceased at Rs.12,000/- instead of Rs.8,000/-, erroneously fixed by the Tribunal.

8. However, the Tribunal has rightly awarded 40% towards loss of future prospects to the appellants/claimants, in accordance with decision of the Supreme Court of India in National Insurance Co. vs Pranay sethi and others reported in 2017 (16) SCC 680. Since the notional monthly income of the deceased is increased to Rs.12,000/- by this Court, the pecuniary loss payable to the appellants/claimants is re-assessed by this Court at Rs.15,12,000/- instead of Rs.10,83,000/- fixed by the Tribunal under the impugned award. The Tribunal also rightly deducted 50% towards personal expenses of the deceased, as the deceased was a bachelor at the time of the accident. With regard to the compensation awarded by the Tribunal under various other heads namely Funeral Expenses for Rs.15,000/-, Consortium for Rs.40,000/-, Loss of Estate for Rs.15,000/- and Transportation for Rs,5,000/- are concerned, the same cannot be considered to be inadequate and therefore, the same is confirmed by this Court.

9. The deceased was not wearing helmet at the time of the accident and therefore, the Tribunal has fixed 15% contributory negligence on the part of the deceased under the impugned award. This Court does not find any infirmity with the said finding. Accordingly, the fixation of contributory negligence at 15% on the part of the deceased is confirmed by this Court.

10. For the foregoing reasons, the award of the Tribunal is hereby modified in the following manner :

Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) For Pecuniary Loss 10,08,000/- 15,12,000/- For Funeral Expenses 15,000/- 15,000/- For Consortium 40,000/- 40,000/- For Loss of Estate 15,000/- 15,000/- For Transportation 5,000/- 5,000/- Total 10,83,000/- 15,87,000/-

11. Since 15% contributory negligence is fixed on the part of the deceased, the compensation payable to the

appellants/claimants is Rs.13,48,950/- (Rs.15,87,000/- - Rs.2,38,050/- (towards 15% contributory negligence).

12. In the result, the appeal filed by the appellants / claimants, stands partly allowed by enhancing the compensation from Rs.10,83,000/- to Rs.13,48,950/- as indicated above. No costs.

13.The third 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 M.C.O.P. No.131 of 2018 on the file of the Motor accident Claims Tribunal, Sub Judge, Rasipuram, 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 appellants / claimants, through RTGS, within a period of two weeks thereafter. The requisite Court fee, if any has to be paid by the appellants/claimants before receiving the copy of this Judgment.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR ssn To

1. The Sub Judge, Motor accident Claims Tribunal, Rasipuram.

2.The Section Officer, V.R. Section, High Court of Madras, Chennai - 104.

+1cc to Mr.J.Chandran, Advocate Sr.44920 C.M.A.No.2315 of 2021 ca[co] srg 22/04/2022