Kavitha v. Kuppusamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY 1.Kavitha 2.Santhi 3.Krishnan ...Appellant Vs 1.Kuppusamy 2.The Reliance General Insurance Company Ltd., 570, Naigaum Cross Road, Next to Royal Industrial Estate, Wadala (W), Mumbai 400 031.
... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order made in MCOP.No.196 of 2012 on the file of the Motor Accident Claims Tribunal cum Sub Court, Sankari dated 28.03.2017 and for enhancement of compensation. For Appellant : Mr.C.Kulanthaivel For Respondent : Ms.G.Sukumari for R2 1/8
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging the quantum of compensation awarded by the Tribunal.
2. The case of the petitioner is that on 16.02.2012, while one Gopi was standing at the left side of the road, a lorry bearing Registration No.TN-47-X6845 had came in a rash and negligent manner and dashed against the said Gopi. Due to the said accident, he was died on the spot.
3. The grievance of the appellants is that the Tribunal had fixed a sum of Rs.7,000/- as notional income of the deceased, which is on lower side and requires enhancement. Further, the appellants had produced Ex.A.17 and 18, wherein it has been stated that the salary of the deceased is a sum of Rs.7,200/-.
4. The learned counsel for the appellants would submit that part from the said salary, the deceased was also receiving bonus and other incentives for every year. However, these aspects were not at all considered by the Tribunal. 2/8
Hence, he would request this Court to re-determine the compensation awarded by the Tribunal.
5. In reply, the learned counsel for the respondent would fairly submit that even if the bonus and other incentives were taken into consideration, the salary would not be more than a sum of Rs.9,000/- per month. Therefore, she would request this Court to fix the notional income as a sum of Rs.9,000/- per month. Further, she would request this Court to re-determine the compensation awarded by the Tribunal under the other heads, since the same were not awarded as per the law laid down by the Hon'ble Apex Court.
6. Heard the learned counsel for the appellants and the respondent and also perused the materials available on record.
7. In the present case, considering the above submissions, this Court is inclined to fix a sum of Rs.9,000/- as notional income. By adding 50% as future prospects, the notional income would come around: Rs.9,000/- (income) + Rs.4,500/- (50% future prospects) = Rs.13,500/- 3/8
8. Further, 1/3 has to be deducted from the aforesaid amount towards the personal expenses of the deceased and since age of the deceased is 25 years, this Court is inclined to apply the multiplier of '18' as per the law laid down by the Hon'ble Apex Court and the loss of income was calculated as follows: Rs.13,500 (income) * (2/3) (personal expenses) * 16(multiplier) * 12(months) = Rs.19,44,000/-.
9. In the present case, it appears that the wife and parents are the legal heirs of the deceased and the Tribunal had awarded a sum of Rs.1,50,000/- towards the loss of love and affection, which is on higher side. Hence, this Court is inclined to award a sum of Rs.40,000/- as loss of consortium to the wife of the deceased and a sum of Rs.80,000/- (Rs.40,000/- each) as loss of love and affection to the parents of the deceased. Further, the Tribunal had awarded a sum of Rs.25,000/- towards funeral expenses, which is on higher side and no amount was awarded for loss of estate and transportation. Hence, this Court is inclined to award Rs.15,000/- towards funeral expenses, Rs.15,000/- towards loss of estate and Rs.10,000/- towards transportation. 4/8
10. Accordingly, the compensation awarded by the Tribunal is modified as follows:
S.No.
Heads Compensation awarded by Tribunal (Rs.) Compensation awarded by this Court (Rs.) Loss of Income 14,30,000 19,44,000 Loss of love and affection 1,50,000 80,000 (for wife and parents) (for parents) Funeral Expenses 25,000 15,000 Loss of Consortium Nil 40,000 (for wife) Loss of Estate Nil 15,000 Transportation Nil 10,000 Total Compensation is fixed at 16,05,000 21,04,000
11. Therefore, the amount awarded by the Tribunal stands increased from a sum of Rs.16,05,000/- to Rs.21,04,000/-. In all other aspects, the award of the Tribunal stands confirmed.
12. In the result, this Civil Miscellaneous Appeal is allowed and the 2nd respondent/insurance company is directed to deposit a sum of Rs.21,04,000/- 5/8
along with interest at the rate of 7.5% per annum and costs, less the amount already deposited, if any, (excluding the interest for delay period) within a period of 4 weeks from the date of receipt of a copy of this judgment, to the credit of MCOP.No.196 of 2012 on the file of the Motor Accident claims Tribunal, Sub Court, Sankari. Further, the appellants/claimants shall pay necessary Court fee, if any, on the enhanced compensation. Thereafter, the Tribunal is directed to immediately transfer the entire amount to the respective bank accounts of the claimants by way of RTGS, in the following proportions: i) a sum of Rs.15,04,000/- to the wife of the deceased; and ii) a sum of Rs.3,00,000/- each to the parents of the deceased; The said deposit shall be made by the Court below within a period of 3 weeks from the deposit and from the date of receipt of the Bank details obtained for the claimant or application for withdrawal from the claimant, whichever is earlier. No costs.
05.01.2024 Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order nsa 6/8
To:
The Motor Accident Claims Tribunal, Sub Court, Sankari.
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KRISHNAN RAMASAMY,J.
nsa 05.01.2024 8/8