Inayath v. Ashok Leyland Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 06.02.2024 Pronounced on 16.02.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN 1.Inayath S/o.Mohammed Basha 2.Jerina W/o.Inayath Both are residing at No.1311 Ramnagar, Hosur Krishnagiri District 635 109 ... Appellants Vs.
1.M/s.Ashok Leyland Limited Corporate Office, No.1, Sardar Patel Road, Guindy Chennai 600 032 2.The Branch Manager New India Assurance Company Limited LCO, Tarapore Towers 3rd Floor, 826, Annasalai Chennai 600 002 ... Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 25.01.2021 made in MCOP.No.932 of 2019 on the 1/8
file of the Motor Accident Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri.
For Appellants : Mr.S.P.Yuaraj For Respondents : Mr.J.Chandran (for R2)
J U D G M E N T
The Appeal has been filed against Judgment and Decree dated 25.01.2021 made in MCOP.No.932 of 2019 on the file of the Motor Accident Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri. 2.The claim Petitioners are the Appellants herein and they filed this Appeal, seeking enhancement of compensation awarded in MCOP.No.932 of 2019 on the file of the Motor Accident Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. 3.The parents of the deceased Idhayath filed MCOP.No.932 of 2019 on the file of the Motor Accident Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri, seeking compensation and filed this Appeal on the point of contributory negligence and quantum. 2/8
4.The factum of the accident, manner of the accident, rash and negligent driving on the part of the driver of the 1st Respondent's vehicle, insured with the 2nd Respondent are not under challenge in this Appeal. Accordingly, the finding rendered by the trial Court that the accident taken place due to the rash and negligent driving of the driver of the 1st Respondent's vehicle, insured with the 2nd Respondent are hereby confirmed.
5.During the trial, on the side of the claim Petitioners, PW1 & PW2 were examined & Ex.P.1 to Ex.P.7 were marked and on the side of the Respondents, RW1 & RW2 were examined and Ex.R.1 to Ex.R.5 were marked. 6.Heard the learned counsel appearing on behalf of the claim Petitioners and the learned counsel appearing on behalf of the Insurance Company. 7.The Tribunal has fixed 20% as contributory negligence on the part of the claim Petitioners as the rider of the two wheeler does not possess valid driving license and three persons were travelling in a two wheeler at the time of the accident. Based on the evidence of PW1/1st claim Petitioner and 3/8
PW2/eyewitness coupled with Ex.P1/FIR, the same is reduced and fixed at 10%.
8.At the time of the accident, the deceased was aged 29 years and was doing fruit business and therefore, the Tribunal has fixed the monthly income at Rs.9,000/- per month. Based on the oral and documentary evidences, this Court fixes the same at Rs.13,000/- per month. The Tribunal has taken '17' as multiplier and deducted 50% towards personal expenses of the deceased as he died as bachelor and added 40% towards future prospects of the deceased. The same are hereby confirmed. Hence, the pecuniary loss sustained by the claim Petitioners are re-assessed as follows:
[Rs.13,000/- + (40% of 13,000/-)] x 1/2 x 12 x 17 = Rs.18,56,400/- 9.The Tribunal has awarded a sum of Rs.80,000/- to the claim Petitioners towards loss of consortium, a sum of Rs.15,000/- towards loss of Estate and a sum of Rs.15,000/- towards funeral expenses. The same are hereby confirmed. The Tribunal has not awarded anything towards transportation charges, hence a sum of Rs.15,000/- is awarded towards transportation charges. 4/8
S.No.
Head Amount (Rs.) Pecuniary loss 1856400 Loss of consortium 80000 Loss of estate 15000 Funeral expenses 15000 Transportation charges 15000 Total Compensation 1981400 After deducting 10% towards contributory negligence 1783260 Rounded off 1783300 In total, the claim Petitioners are entitled to a sum of Rs.17,83,300/- (Rupees seventeen lakh eighty three thousand and three hundred only) and the interest awarded by the Tribunal at the rate of 7.5% per annum is also confirmed.
10. In fine, (i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the compensation from Rs.11,16,160/- to Rs.17,83,300/- to the extent indicated above. No Costs.
(ii) the Insurance Company is directed to deposit the enhanced award amount, with 7.5% interest per annum and costs before the Tribunal, within a period of 5/8
eight weeks from the date of receipt of a copy of this order. (iii) on such deposit being made, the claim Petitioners/Appellants are entitled to get their share in the enhanced award amount, as per the ratio of apportionment made by the Tribunal. The claim Petitioners are permitted to withdraw their entire share with proportionate interest and costs, less the award amount already withdrawn, if any, by filing necessary application before the Tribunal. (iv) the claim Petitioners are directed to pay the court fee, if any, for the enhanced compensation amount and the Registry is directed to draft the decree only after the receipt of Court fee.
16.02.2024 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 6/8
To The Special District Judge Special District Court for Motor Accident Claims Cases Krishnagiri 7/8
RMT.TEEKAA RAMAN.J, sai Pre-delivery Judgment made in Dated: 16.02.2024 8/8