Vijaya v. P.Barath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. VIJAYA W/o.Late.Raj, No.45, Venkatesa Subramaniam 2nd Cross Street, Valasaravakkam, Chennai - 600087.

2. R.Kumaresan S/o.Late.Raj, No.45, Venkatesa Subramaniam 2nd Cross Street, Valasaravakkam, Chennai - 600087.

3. R.Bhuvaneswari D/o.Late.Raj, No.45, Venkatesa Subramaniam 2nd Cross Street, Valasaravakkam, Chennai - 600087.

Appellant(s) Vs

1. P.Barath No.1/14, Pillaiyar Koil Street, Sivapothamedu, Vanagaram, Chennai - 600090.

2.M/s. Royal Sundaram General

Insurance Co.Ltd., Subramaniam Building, 2nd Floor, No.1, Club House Road, Anna Salai, Chennai - 600002.

Respondent(s) PRAYER To allow this CMA by enhancing the Compensation awarded in the dated 2510-2024 passed in MCOP.No.1905/2020 on the file of the Motor Accident Claims Tribunal, Chennai(Chief Judge, Court of Small Causes, Chennai) For Appellant(s):

K.Balaji For Respondent(s):

Mr.S.Srinivasan For R2 JUDGEMENT This Civil Miscellaneous Appeal has been filed for nhancing the Compensation awarded in the dated 25-10-2024 passed in MCOP.No.1905/2020 on the file of the Motor Accident Claims Tribunal, Chennai(Chief Judge, Court of Small Causes, Chennai)(in short ''tribunal'').

2. On 13.02.2020, at about 06.30 hours while the victim was crossing pedestrian cross at Arcot Road near Dr. Ambedkar Play Ground,

Valasarvakkam, Chennai, a motorcycle bearing registration No. TN 12 AH 8638 driven in a rash and negligent manner rammed against the victim, due to which, the victim sustained grevious injuries and died on 19.02.2020 at Rajiv Gandhi Government General Hospital. Thereafter, the claimants filed the petition before the tribunal claiming compensation. The respondent insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs.12,40,000/- as compensation. Challenging the quantum of compensation, the claimants filed this appeal.

3. The learned counsel for the appellant submits that the deceased was worked a carpenter and earned a sum of Rs.25000/- but the tribunal as fixed only Rs.15,000/- as income of the deceased. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent insurance company submits that the tribunal has rightly fixed the income of the deceased which needs no interference.

5. Considering the fact the accident was happened in the year 2020 and also deceased was worked as a carpenter. Taking into consideration of the cost

of living at the time of the accident, this Court is inclined to fix Rs.18,000/- as notional income of the deceased. Further, this Court is inclined to fix 10% for future prospect for the deceased. Accordingly, the claimants are entitled to Rs.14,25,600/- under the head of loss of dependency. Except above modification, the award passed by the tribunal in other heads remain unchanged.

6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.

Heads Compensation awarded by the tribunal.

Compensation awarded by this Court 1.

Loss of income/dependence Rs.10,80,000/- Rs.14,25,600/- 2.

Loss of estate Rs.15,000/- Rs.15,000/- 3.

Loss of consortium Rs.1,20,000/- Rs.1,20,000/- 4.

Funeral expenses Rs.15,000/- Rs.15,000/- 5.

Transportation charges Rs.10,000/- Rs.10,000/- Total Rs.12,40,000/- Rs.15,85,600/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 15,85,600/-. The 2nd respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of

MCOP.No.1905/2020 on the file of the Motor Accident Claims Tribunal, Chennai(Chief Judge, Court of Small Causes, Chennai) , within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellants/claimants are permitted to withdraw the award amount by making formal application before the Tribunal. The 2 nd respondent may deduct the amount, if any amount has already deposited before the tribunal.

8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

01-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.P.Barath No.1/14, Pillaiyar Koil Street, Sivapothamedu, Vanagaram, Chennai - 600090.

2.M/s. Royal Sundaram General Insurance Co.Ltd., Subramaniam Building, 2nd Floor, No.1, Club House Road, Anna Salai, Chennai - 600002.

3. The Section Officer, V. R Section, High Court, Madras.

4. The M0otor Accident Claims Tribunal, Chennai(Chief Judge, Court of Small Causes, Chennai)

T.V.THAMILSELVI J.

pbl 01-07-2025