Amirthavalli v. Baskar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA NO. 828 OF 2025

1. Amirthavalli W/o. Murugan, Res. at Main Road, Chinnavalaiyan Village, Udaiyarpalayam Taluk, Ariyalur District.

2.Minor Keerthanan D/o. Murugan, Minors rep. by next friend Guardian Mother Amirthavalli, Res. at Main Road, Chinnavalaiyan Village, Udaiyarpalayam Taluk, Ariyalur District.

3.Minor Preethi D/o. Murugan, Minors rep. by next friend Guardian Mother Amirthavalli, Res. at Main Road, Chinnavalaiyan Village, Udaiyarpalayam Taluk, Ariyalur District.

4.Minor Tamilselvan S/o. Murugan, Minors rep. by next friend Guardian Mother Amirthavalli, Res. at Main Road, Chinnavalaiyan

Village, Udaiyarpalayam Taluk, Ariyalur District.

5.DEVAGI W/o.Alagappan, Res. at Main Road, Chinnavalaiyam Village, Udaiyarpalayam Taluk, Ariyalur District.

Appellant(s) Vs

1. BASKAR S/o. Kaliyaperumal, No.186/2, Thendral Nagar, Samiyam, Anaikaranchathiram Post, Seerkazhi Taluk, Nagapattinam District.

2.S. Pushpa No.37/93, Maduraisamy Madham Street, Chennai - 011.

3.The United India Insurance Company Ltd 1st Floor, Susmitha, Complex New Bus stand opposite, Seerkazhi Taluk, Nagapattinam District.

Respondent(s) PRAYER To enhance the compensation amount made in Judgement and decree dated 11.02.2021 made in MCOP No.116 of 2019 on the file of the MCOP Tribunal, Additional District Sessions Court at Ariyalur by allowing this CMA.

For Appellant(s):

M/s.Sp.Yuaraj For Respondent(s):

M/s.J.Chandran For R3 R1 and R2 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous appeal has been filed to enhance the compensation amount made in Judgement and decree dated 11.02.2021 made in MCOP No.116 of 2019 on the file of the MCOP Tribunal, Additional District Sessions Court at Ariyalur.

On 06.06.2017, at about 9.00 p.m, the deceased Murugan travelled as a pillion rider in the two wheeler bearing registration No. TN 31 K 6131, along with Palanivel, who drove the vehicle from Chidambaram to Jayankondam maid Road, East to West, near Ponneri, at that time, at the first respondent drove the Toyota Qualis Car bearing registration No. TN 02 R 0810 in a rash and negligen manner, colliding with the two wheeler. The deceased was thrown off and sustained multiple grevious injuries, succumbing to death. Thereafter, the appellants herein filed MCOP NO. 114 of 2019 before the MCOP Tribunal, Additional District Sessions Court at Ariyalur(in short ''tribunal'') claiming

compensation of Rs.30,00,000/-. After considering the oral and documentary evidence, the tribunal awarded compensation of Rs.12,51,208/-. Challenging the quantum of compensation, claimants preferred this appeal.

3. The learned counsel for the appellants submit that the accident was happened in the year 2017 and the deceased was working as mason and earned Rs.20,000/- per month. However, the tribunal fixed Rs.7,500/- as income. Hence, he prays to enhance the compensation.

4. The learned counsel for the third respondent/Insurance Company submits that the petitioner the tribunal rightly fixed compensation which needs no interference. Hence, he prays to dismiss this petition.

5. Considering the fact that the accident was happened in the year 2017 and hence this Court fix a sum of Rs.18,000/- per month as income of the deceased. Accordingly, loss of income is 36,28,800/-. Further, the deceased died leaving behind minor children hence loss of consortium is enhanced to Rs.80,000/-. The tribunal has justified in fixing compensation in other heads and interest which needs no interference.

6. Accordingly, 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 Rs.15,12,000/- Rs.36,28,800/- 2.

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

Loss of consortium Rs.40,000/- Rs.80,000/- 4.

Funeral expenses Rs.15,000/- Rs.15,000/- Total Rs.15,82,000/- Rs.37,38,800/-

7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.37,38,800/-. Thus, minor petitioners 2, 3 & 4 are entitled to Rs.7,00,000/- each(Rs.21,00,000/-) and the first petitioner is entitled to Rs.11,00,000/- and 5 th petitioner is entitled to Rs.5,38,800/- The 3 rd 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. 116 of 2019 before the MCOP Tribunal, Additional District Sessions Court, Ariyalur within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal.

8. With the above direction, the Civil Miscellaneous Appeal is partly allowed.

05-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Baskar S/o. Kaliyaperumal, No.186/2, Thendral Nagar, Samiyam, Anaikaranchathiram Post, Seerkazhi Taluk, Nagapattinam Dt.

2.S. Pushpa No.37/93, Maduraisamy Madham St, Chennai 11.

3.The United India Insurance Co.Ltd., 1st Floor, Susmitha, Complex New Bus Stand Oppostie, Seerkazhi Tk, Nagapattinam Dt.

4. The MCOP Tribunal, Additional District Sessions Court, Ariyalur.

T.V.THAMILSELVI J.

pbl CMA NO. 828 OF 2025 05-06-2025