Bhuvaneshwari v. D. Velusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.2592 of 2023 1.Mrs.Bhuvaneshwari 2.Mr.Vajiravelu .. Appellants .vs.

1.Mr.D.Velusamy 2.M.Mary 3.The Manager Reliance General Insurance Company Limited T.P.Cell No.6, Reliance House Haddow Road, Nungambakkam Chennai 600 006.

..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Decree and Judgment in MCOP No.3325 of 2019, dated 13.06.2023, on the file of the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai.

For Appellants : Mr.G.Balakrishnan For Respondents : Mr.P.Suresh [R3] R1 & R2 - dispense with 1/6

JUDGMENT

The claimants, who are the parents not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP No.3325 of 2019, dated 13.06.2023, on the file of the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, have filed this appeal seeking for enhancement of compensation 2.The deceased Rajasekar, who was aged about 21 years was riding a two wheeler on 17.5.2019 at Moolakarai Meyyur Road and at about 12.30 hours the offending vehicle which was a Lorry and which came in the opposite direction, was driven in a rash and negligent manner and it dashed on the two wheeler as a result of which the deceased was thrown out of the vehicle and he sustained grievous injuries and died on the spot. It is under these circumstances, the claim petition came to be filed before the Tribunal. 3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle.

4.The Tribunal having rendered the above finding proceeded to fix the total compensation at Rs.18,91,400/- under various heads as follows: 2/6

Sl.No.

Compensation awarded under the head Amount (in Rs.) Loss of dependency 18,14,400/- Loss of Consortium 44,000/- Loss of Estate 16,500/- Funeral Expenses 16,500/- Total 18,91,400/- 5.The above compensation was directed to be paid with interest at the rate of 7.5% p.a.

6.The claimants, not being satisfied with the compensation awarded by the Tribunal, have filed the present appeal seeking for enhancement of compensation.

7.Head Mr.G.Balakrishnan, learned counsel for the appellants and Mr.P.Suresh, learned counsel for R3.

8.This Court has carefully considered the submissions made on either side and the materials available on record. This Court has also carefully went through the award passed by the Tribunal.

9.The main issue that was raised by the learned counsel for the appellants pertains to the notional monthly income that was fixed by the Tribunal at 3/6

Rs.12,000/-.

10.The accident had taken place in the year 2019 and the deceased was aged about 21 years. The claimants came up with a case that the deceased was a Carpenter by occupation and he earned a sum of Rs.30,000/- per month. There was no evidence regarding the occupation as well as the monthly income earned by the deceased. However, the notional monthly income fixed by the Tribunal is on the lower side considering the fact that the accident had taken place in the year 2019. The parents have lost their only son who would have taken care of them at their old age. Therefore, this Court is inclined to increase the notional monthly income to Rs.15,000/-. The future prospects of 40% can be added to the notional monthly income. Thus, the compensation under the head 'loss of income/dependency' is calculated as follows:

Loss of income/dependency : 15000 + 40% FP x 12 x 18 -1/2 15,000+6000 * 12 * 18 - 1/2 45,36,000 - 22,68,000 = 22,68,000/- 11.The Tribunal has granted for a sum of Rs.44,000/- under the head 'loss of consortium'. Instead, this Court is inclined to fix a sum of Rs.80,000/- (Rs.40,000 * 2) under the head 'loss of love and affection'. 12The compensation fixed under the other heads are reasonable and it does not require the interference of this Court. 4/6

13.In the light of the above discussion, this Court modifies the compensation in the following manner:

Sl.No.

Compensation awarded under the head Amount (in Rs.) Loss of income/dependency 22,68,000/- Loss of Consortium 80,000/- Loss of Estate 16,500/- Funeral Expenses 16,500/- Total 23,81,000/- 14.The compensation awarded by the Tribunal at Rs. 18,91,400/- is enhanced to Rs.23,81,000/-. The 3rd respondent Insurance Company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants/claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. In the result, the Civil Miscellaneous Appeal is partly allowed in the above terms. No costs.

11.07.2024 Index : Yes/No Speaking Order/Non-Speaking Order kp 5/6

N. ANAND VENKATESH., J kp To 1.The Manager Reliance General Insurance Company Limited T.P.Cell No.6, Reliance House Haddow Road Nungambakkam Chennai 600 006.

2.Motor Accident Claims Tribunal II Court of Small Causes Chennai.

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