Buvaneshwaran v. D.Mohamed Mubarak
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2023
CORAM
MR.JUSTICE N.SESHASAYEE C.M.A.No.2761 of 2023 1.Buvaneshwaran 2.Sasikala ... Appellants Vs.
1.D.Mahamed Mubarak 2.The Branch Manager, National Insurance Co., Ltd., No.165, Nethaji Road, Manjakuppam, Cuddalore - 607 001.
... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking to enhance the compensation in MCOP.No.1333 of 2020 dated 16.02.2023 on the file of the Motor Accidents Claims Tribunal / I Additional District and Sessions Judge (FAC), Cuddalore.
For Appellants : Mr.Ramya V.Rao For Respondents : Mr.R.Prem Chandar for R2 1/6
JUDGMENT
On 27.10.2020, a 23 year old Praveen Kumar, who was employed as a Mechanic in Whirlpool Company, died in a road accident when he was fatally knocked down by the rider of the first respondent's motorcycle. Seeking compensation, his dependants approached the Tribunal in MCOP.No.1333 of 2020. The Tribunal had reckoned the monthly income of the victim notionally at Rs.18,000/-, after adding 40% towards his future prospects, applied 18 as a multiplier and deducted it by 50% as the deceased was a bachelor at the relevant time and arrived at a sum of Rs.27,21,600/- as compensation for loss of income. After adding other conventional heads of compensation, it awarded Rs.28,52,600/- and the breakup is as below:
Sl.
No.
Description Amount awarded by Tribunal (Rs) 1.
Loss of income 27,21,600 2.
Parental consortium 88,000 3.
Funeral expenses 16,500 4.
Loss of estate 16,500 5.
Transportation 10,000 2/6
charges Total 28,52,600 2.Since the appellants preferred this appeal challenging the quantum awarded by the Tribunal, this Court considers that notice to the first respondent is not necessary.
3.Aggrieved by the perceived inadequacy of the compensation awarded, the claimants are now before the Court seeking enhancement. 4.Heard Ms.Ramya V.Rao, learned counsel for the appellants, and Mr.R.Prem Chandar, learned counsel appearing for the second respondent.
5.This Court weighed the rival submissions, and it finds that the notional income can be increased from Rs.18,000/- to Rs.20,000/-, and adding 40% towards future prospects of the victim, applying 18 as a multiplier, deducting 1/2 towards his personal expenditure, the compensation under the head 'loss of income' is arrived at Rs.30,24,000/-. The amount awarded under other conventional heads are confirmed, and the details 3/6
are as below:
Sl.
No Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court Award confirmed or enhanced or granted (in Rs.) 1.
Loss of income 27,21,600 30,24,000 (14,000 x 12 x 18) enhanced 2.
Parental consortium 88,000 88,000 confirmed 3.
Funeral expenses 16,500 16,500 confirmed 4.
Loss of estate 16,500 16,500 confirmed 5.
Transportation charges 10,000 10,000 confirmed Total 28,52,600 31,55,000 enhanced by Rs.3,02,400/- 6.In fine, this appeal stands partly allowed, and the compensation is enhanced from Rs.28,52,600/- to Rs.31,55,000/-. The second respondent is now required to deposit the entire compensation amount with interest at 7.5% per annum from the date of the claim petition till the date of deposit, less any amount already deposited within a period of six (6) weeks from the date of receipt of a copy of this judgement. On such deposit being made, the appellants are permitted to withdraw the award 4/6
amount, along with proportionate interest and costs as awarded by the Tribunal, less, the amount, if any already withdrawn. The appellants are directed to pay the necessary Court Fee, if any, on the enhanced award amount. No Costs.
21.12.2023 Anu Index: Yes/No Speaking Order / Non-Speaking Order To The Motor Accidents Claims Tribunal / I Additional District and Sessions Judge (FAC), Cuddalore. N.SESHASAYEE, J.
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Anu C.M.A.No.2761 of 2023 21.12.2023 6/6