S.Anuradha v. M/S.General Connectors India Pvt. Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA C.M.A.No.1657 of 2024
1. S.Anuradha
2. K.Sivakumar
3. S.Muralidharan ... Appellants vs.
1. M/s.General Connectors India Pvt. Ltd., No.306, Cuddalore Road, Mudaliarpet, Mouruungapakkam, Pondicherry - 605 004.
2. Tata AIG GENERAL INSURANCE CO.LTD., 2nd Floor, Samson Towers, No.403, L, Pantheon Road, Egmore, Chennai - 600 008.
...Respondents
(The first respondent remained absent and was set ex parte in the lower court and hence notice may be dispensed with) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 26.02.2024 in M.A.C.T.O.P.No.55 of 2020 on the file of the Motor Accident Claims Tribunal, Chief Judge, Small Causes Court, Chennai. For Appellants : Mr.P.Cheralaadhan For R2 : Mr.J.Michael Visuvasam 1/11
J U D G M E N T
The appellants are the claimants in M.A.C.T.O.P.No.55 of 2020 on the file of the Motor Accident Claims Tribunal, Chief Judge, Small Causes Court, Chennai. They filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 and Rule 3 M.A.C.T. Rules seeking compensation of Rs.34,00,000/- for the death of their son Sathishkumar, who is also the brother of the third claimant in a road accident on 09.12.2019.
2. The case of the claimants in nutshell is as follows: On 09.12.2019 at about 11.10 hours Sathishkumar (deceased) was riding a motorcycle bearing Registration Number TN-19-Z-5083 on Trichy - Chennai National Highway. When he was nearing Irungundrampalli Junction, a Mini Lorry bearing Registration Number PY-01-CT-9379 hit his motorcycle from behind, as a result of which, Sathishkumar fell down and died on the spot.
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3. According to the claimants, the rash and negligent driving of the driver of the Mini Lorry belonging to the first respondent was the cause of the accident and that since the said Mini Lorry was insured with the second respondent / Tata AIG General Insurance Company Limited, the owner and the insurer of the Mini Lorry are jointly and severally liable to pay compensation.
4. The first respondent remained absent before the Tribunal and therefore, was set ex-parte. The second respondent / Tata AIG General Insurance Company Limited contested the claim petition on all the grounds available to the insured. The learned Chief Judge / Motor Accident Claims Tribunal, Small Causes Court, Chennai after analysing the evidence on record, awarded a compensation of Rs.21,50,000/- together with interest at the rate of 7.5% per annum to the claimants. The claim for the third appellant was dismissed. The break up of the award passed by the Tribunal under various heads is extracted hereunder: S.No.
Head Amount granted 1.
Loss of Dependency Rs.22,68,000/- 3/11
S.No.
Head Amount granted 2.
Loss of Estate Rs.15,000/- 3.
Loss of Consortium (Rs.40,000/- (each) x 2) Rs.80,000/- 4.
Funeral Expenses Rs.15,000/- 5.
Transport Charges Rs.10,000/- Total Compensation Less : Contributory Negligence 10% Rs.23,88,000/- Rs.2,38,800/- Compensation Payable (90%) Rs.21,49,200/- Rounded off to Rs.21,50,000/- Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimants have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.
5. Heard Mr.P.Cheralaadhan, learned counsel appearing for the appellants and Mr.J.Michael Visuvasam, learned counsel appearing for the second respondent.
6. Mr.P.Cheralaadhan, learned counsel appearing for the appellants / claimants would contend that the deceased Sathiskumar had actually completed his course in Bachelor of Business Administration (B.B.A) in Nandanam Arts and Science College, Chennai and was 4/11
searching for a job. The Tribunal fixed the notional income of the deceased as Rs.15,000/- per month which according to him is too low and the same should be fixed as Rs.20,000/- per month. He would further contend that the amount awarded by the Tribunal under different heads are meagre and prayed for enhancement of compensation. His another contention was that even though the driver of Mini Lorry was found to be rash and negligent, the Tribunal had deducted 10% towards contributory negligence on the part of the deceased which is totally erroneous.
7. Per contra Mr.J.Michael Visuvasam, learned counsel appearing for the second respondent / Tata AIG General Insurance Company Limited contended that the Award passed by the Tribunal is based on the well laid principles of law which were in vogue at the time of passing of the order and therefore, the same need not be disturbed at this stage.
8. The deceased Sathishkumar has completed Bachelor of Business Administration (B.B.A) in Nandanam Arts and Science College, Chennai. The accident took place on 09.12.2019. The deceased was aged 5/11
21 years on the date of the accident. The notional income fixed by the Tribunal at Rs.15,000/- per month is meagre and therefore, a sum of Rs.17,000/- is taken up as notional monthly income of the deceased. As per the decision of the Supreme Court of India in National Insurance Co. vs. Pranay Sethi and Others reported in 2017 (2) TNMAC 601 (SC), 40% towards future prospects has to be added to this notional income. The deceased died as a bachelor and hence, 50% is deducted towards his personal expenses. The deceased was aged 21 years on the date of accident and as per the decision rendered in Sarla Verma and Others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 the proper multiplier is eighteen. Loss of Dependency :
[(Rs17,000/- + Rs.6,800/- (Rs.17,000/- of 40%) x 12 x 18 x 50% = Rs.25,70,400/-)] Therefore, the reworked compensation would be as follows: S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted or reduced 1.
Loss of 22,68,000 25,70,400 Enhanced 6/11
S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted or reduced Dependency 2.
Loss of Estate 15,000 15,000 confirmed 3.
Loss of Consortium (Rs.40,000/- (each) x 2) 80,000 80,000 confirmed 4.
Funeral Expenses 15,000 15,000 confirmed 5.
Transport Charges 10,000 10,000 confirmed Total 23,88,000 after deducting 90% contributory negligence, it comes to 21,49,200 rounded off to 21,50,000 26,90,400 after deducting 90% contributory negligence, it comes to 24,21,360 Enhanced by 2,71,360
9. Thus, the compensation awarded by the Tribunal is enhanced from Rs.21,50,000/- to Rs.24,21,360/- which would carry interest at the rate of 7.5% per annum.
10. In the result, (i) The Civil Miscellaneous Appeal is partly allowed. No costs. 7/11
(ii) The compensation awarded by the Tribunal is enhanced from Rs.21,50,000/- to Rs.24,21,360/-.
(iii) The appellants 1 and 2 / claimants 1 and 2 are directed to pay court fee for the enhanced compensation amount, if any, and the Registry is directed to draft the decree only after receipt of the Court fee. (iv) The second respondent / Tata AIG General Insurance Company Limited is directed to deposit the enhanced compensation amount i.e., Rs.24,21,360/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.A.C.T.O.P.No.55 of 2020 on the file of the Motor Accident Claims Tribunal / Chief Judge, Small Causes Court, Chennai within a period of four weeks from the date of receipt of a copy of this order.
(v) On such deposit being made, the appellants 1 and 2 / claimants 1 and 2 are at liberty to withdraw the same as per the orders passed by the Tribunal after following due process of law. The ratio of apportionment made by the Tribunal shall be kept intact. 05.08.2024 8/11
Index : Yes/No Speaking/Non-speaking order mtl To
1. The Motor Accidents Claims Tribunal, the Chief Judge, Small Causes Court, Chennai.
2. Tata AIG GENERAL INSURANCE CO.LTD., 2nd Floor, Samson Towers, No.403, L, Pantheon Road, Egmore, Chennai - 600 008.
3. The Section Officer, V.R. Section, Madras High Court, Chennai. 9/11
R.HEMALATHA, J.
mtl C.M.A.No.1657 of 2024 10/11