M.Raghuraman v. R.Kalaiselvi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on:
Delivered on:
25.06.2021 01.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL C.M.A.No.3989 of 2019 1.M.Raghuraman 2.M.Kumaravel 3.M.Mahesh 4.M.Saravanan 5.M.Rajesh .. Appellants/Petitioners Vs.
1. R.Kalaiselvi
2. The Oriental Insurance Company Limited, Oriental House, II Floor, New No.216, Old No.115, Prakasam Salai, Broadway, Chennai - 600 108.
.. Respondents/Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 18.01.2019 made in M.C.O.P.No.5832 of 2015, on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai.
For Appellants :
Ms.Ramya V.Rao for Mr.A.N.Viswanatha Rao For R1 :
No appearance For R2 :
Mr.K.Moorthy
J U D G M E N T
(The matter is heard through "Video Conferencing/Hybrid mode".) This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the Tribunal in the award dated 18.01.2019 made in M.C.O.P.No.5832 of 2015, on the file of
the Motor Accidents Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai.
2. The appellants are the claimants in M.C.O.P.No.5832 of 2015, on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai. The claimants filed the above said claim petition, claiming a sum of Rs.10,00,000/- as compensation for the death of their Mother viz., M.Shanthi, who died in the accident that took place on 19.02.2015.
3. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by both the driver of the unknown lorry and the rider of the motorcycle belonging to 1st respondent and directed the 2nd respondent-Insurance Company, being the insurer of the motorcycle to pay a sum of Rs.6,05,500/- as compensation to the appellants.
4. Not being satisfied with the amounts awarded by the Tribunal, the appellants have come out with the present appeal seeking enhancement of compensation.
5. The learned counsel appearing for the appellants contended that at the time of accident the deceased was aged 54 years, working as a Coolie and was earning a sum of Rs.10,000/- per month. But, the Tribunal has fixed a meagre sum of Rs.5,000/- per month as notional income of the deceased. The Tribunal ought to have fixed a sum of Rs.10,000/- as monthly income of the deceased as claimed by the appellants and awarded compensation. The amount awarded by the Tribunal towards loss of love and affection is meagre and prayed for enhancement of compensation.
6. Though notice has been served on the 1st respondent and her name is printed in the cause list, there is no representation for her, either in person or through counsel.
7. Per contra, learned counsel appearing for the 2nd respondent-Insurance Company contended that the appellants failed to prove the avocation and income of the deceased by producing valid documents. In the absence of any material evidence with regard to avocation and income, a sum of Rs.5,000/- per month fixed by the Tribunal as notional income of the deceased is not meagre. The Tribunal has awarded excessive amount of Rs.1,25,000/- for loss of love and affection. The Tribunal considering the entire materials on record has awarded a sum of Rs.6,05,500/- as compensation to the appellants, which is not meagre. In view of the same, the appellants are not entilted to any enhancement and prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the 2nd respondentInsurance Company and perused the entire materials on record. 9.From the materials available on record, it is seen that at the time of accident the deceased was aged 54 years, working as a Coolie and was earning a sum of Rs.10,000/- per month. Except oral evidence, the appellants have not filed any document to prove the avocation and income of the deceased. In the absence of any valid document with regard to avocation and income, the Tribunal considering the age and nature of work done by the deceased, fixed a sum of Rs.5,000/- per month as notional income of the deceased. The accident is of the year 2015 and the cost of living has increased enormously. Hence, a sum of Rs.
10,000/- per month as claimed by the appellants is fixed as notional income of the deceased. As per Ex.P1/Postmortem Certificate and Ex.P3/Death Certificate, the deceased was aged 58 years at the time of accident. The Tribunal following the judgments of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation & another] and 2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and others], rightly applied multiplier '9' and granted 10% enhancement towards future prospects. There are five dependants of the deceased and the Tribunal has rightly deducted 1/4th towards personal expenses of the deceased. Thus, by fixing Rs.
10,000/- per month as notional income of the deceased, the compensation awarded by the Tribunal towards loss of dependency is modified to Rs.8,91,000/- {Rs.11,000/- [Rs.10,000/- + Rs.1,000/- (10% of Rs.10,000/-)] X 12 X 9 X 3⁄4 }. The Tribunal has awarded a sum of Rs.1,25,000/- towards loss of love and affection to the appellants and the same is meagre. Due the road accident that occurred on 19.02.2015, the appellants, who are the major sons of the deceased aged between 32 to 45 years, have lost their Mother in the said accident and also the love and affection shown by her. In view of the same, the appellants being the sons of the deceased are entitled to a sum of Rs.30,000/- each towards loss of love and affection.
This Court is of the considered view that the amounts awarded by the Tribunal towards loss of estate, funeral expenses and transportation are just and reasonable and hence, the same are hereby confirmed.
10.It is well settled that the Tribunal and the Courts have to award just compensation. Though the claimant has claimed lesser compensation, the Courts have power to grant just compensation more than the amount claimed by the claimants. Thus, the compensation awarded by the Tribunal is modified as follows:
S.
No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted
1. Loss of dependency 4,45,500/- 8,91,000/- Enhanced
2. Loss of love and affection 1,25,000/- 1,50,000/- Enhanced
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Transportation 5,000/- 5,000/- Confirmed
5. Loss of estate 15,000/- 15,000/- Confirmed Total Rs.6,05,500/- Rs.10,76,000/- Enhanced by Rs.4,70,500/- 11.In the result, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.6,05,500/- is hereby enhanced to Rs.10,76,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The 2nd respondent-Insurance Company is directed to deposit the award amount now determined by this Court, along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.5832 of 2015, on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai.
On such deposit, the appellants are permitted to withdraw their respective share of the award amount now determined by this Court, as per the ratio of apportionment fixed by the Tribunal, along with proportionate interest and costs, less the amount if any, already withdrawn by making necessary applications before the Tribunal. The appellants are directed to pay the necessary Court fee for the enhanced amount of compensation as per the order of this Court dated 06.09.2019 made in C.M.P.No.19066 of 2019 in C.M.A.SR.No.112734 of 2019. No costs.
Sd/- Assistant Registrar(I) //True Copy// Sub Assistant Registrar krk
To
1. The Special Subordinate Judge No.I, Motor Accident Claims Tribunal, Small Causes Court, Chennai.
2. The Section Officer, VR Section, High Court, Madras.
+1cc to Mr.A.N.Viswanatha Rao, Advocate, S.R.No.30341 C.M.A.No.3989 of 2019 PA(CO) HS(13/09/2021)