Ambiga v. Indhumathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.3045 of 2023 1.Ambiga 2.Minor Abnashini 3.Minor Rohith 4.V.Sundaram ..Appellants .vs.
1.Indhumathi 2.Ashok kumar 3.United India Insurance Company Ltd., Divisional Office Aurbindo Road, Block-19 Neyveli-3.
..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award in judgement and Decree dated 11.11.2022 made in MCOP No.91 of 2019, on the file of the Subordinate Judge, Neyveli (MACT Court). For Appellants : Mr.S.udhayakumar For Respondents : Mr.s.Arun Kumar [R3] 1/8
JUDGMENT
The appellants who are the wife, two minor children and mother of the deceased not being satisfied with the quantum of compensation, have filed this appeal against the award passed by the Tribunal in MCOP No.91 of 2019 dated 11.11.2022, on the file of the Subordinate Judge, Neyveli (MACT Court). 2.The deceased Arulmurugan was riding a two wheeler on 14.01.2019 and was going to his office from his residence at Neyveli and at about 08.15 a.m., the offending vehicle which was also a two wheeler was driven in a rash and negligent manner by the 2nd respondent and it dashed on the vehicle driven by the deceased. The deceased was thrown out of the vehicle and he sustained grievous injuries and he succumbed to the injuries on 18.01.2019. An FIR came to be registered against the rider of the offending vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.
3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the offending vehicle.
4.The Tribunal having rendered the above finding proceeded to fix the total 2/8
compensation at Rs.86,98,000/- under various heads as follows: Sl.No.
Compensation awarded under the head Amount (in Rs.) 1.
Loss of income 1,00,80,000/- Less: income tax 15% 15,12,000/- ---------------- 85,68,000/- 2.
Loss of consortium (1st appellant) 40,000/- 3.
Loss of love and affection (appellants 1 to 4 each Rs.15,000/-) 60,000/- 4.
Loss of consortium 5,000/- 5.
Funeral Expenses 15,000/- 6.
Transportation Expenses 10,000/- Total 86,98,000/- 5.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.
6.The claimants not being satisfied with the quantum of compensation fixed by the Tribunal have filed this appeal seeking for enhancement of compensation. 7.Heard Mr.S.udhayakumar, learned counsel for the appellants and Mr.S.Arunkumar, learned counsel for R3 - Insurance Company. 8.This Court has carefully considered the submissions made on either side 3/8
and the materials available on record. This Court has also carefully gone through the award passed by the Tribunal.
9.The main ground that was urged by the learned counsel for the appellants pertains to the monthly income that was fixed by the Tribunal. The Tribunal had fixed the monthly income as Rs.61,475/- [rounded off to 61,500/-] based on Ex.P.16 which was the salary certificate as on 11.12.2018. It was contended that the Tribunal did not take into consideration the salary revision that took place on 18.06.2019 and which was given a retrospective effect from 2017 onwards. It was also brought to the notice of this Court that the arrears of salary between 2017 - 18.06.2019 was also paid to the 1st claimant who was wife of the deceased. Hence, it was contended that the Tribunal ought to have considered the revised monthly salary and calculated the compensation under the head 'loss of income/dependency'.
10.It is quite clear that the salary was revised and the same was given retrospective effect from 2017. The arrears of salary was also received by the 1st claimant which is evident from Ex.P.17. Therefore, the revised salary has to be taken into consideration while fixing the compensation under the head of loss of dependency. Accordingly, the compensation under the head 'loss of dependency' is calculated as follows:
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Monthly income fixed :
Rs.79679/- (rounded off to) :
Rs.79,680/- Future prospects to be added :
30% Notional monthly income arrived at :
Rs. 79,680/- + 30% Rs. 23,904/- -------------- Rs.1,03,584/- After deducting 1/4 for personal expenses:
Rs. 25,896/- ----------------- Rs. 77,688/- Multiplier to be adopted Loss of Dependency Rs.77,688 * 12 * 14 Rs.1,30,51,584/- Less: 15%Income Tax Rs. 19,57,738/- -------------------- Rs.1,10,93,846/- rounded off to Rs.1,10,93,850/- ---------------------- 11.The other ground that was raised by the learned counsel for the appellants pertains to the compensation fixed under the head 'loss of love and affection' for claimants 2 to 4. The Tribunal has fixed only a sum of Rs.60,000/- for claimants 2 to 4 and this Court is inclined to enhance the same to Rs.40,000/- to each of the claimants 2 to 4. Thus, the compensation under the head 'loss of love and affection' is fixed at Rs.1,20,000/- [Rs.40,000/- * 3]. 12.The compensation that has been fixed under the other heads are 5/8
reasonable and it does not require the interference of this Court. 13.In the light of the above discussion, the compensation fixed by the Tribunal is modified as follows:
Sl.No.
Compensation awarded under the head Amount (in Rs.) 1.
Loss of income 1,10,93,850/- 2.
Loss of consortium (1st appellant) 40,000/- 3.
Loss of love and affection (appellants 2 to 4 ) (Rs.40,000/- * 3) 1,20,000/- 4.
Loss of consortium 5,000/- 5.
Funeral Expenses 15,000/- 6.
Transportation Expenses 10,000/- Total 1,12,83,850/- 14.The compensation awarded by the Tribunal at Rs.86,98,000/- is enhanced to Rs.1,12,83,850/-. The 3rd respondent Insurance Company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants/claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. 15.In the result, the Civil Miscellaneous Appeal is partly allowed in the above 6/8
terms. No costs.
25.07.2024 Index : Yes/No Speaking Order/Non-Speaking Order kp To Subordinate Judge, Neyveli (MACT Court).
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N. ANAND VENKATESH., J kp CMA No.3045 of 2023 25.07.2024 8/8