Madras High CourtCMA/2711/2022partly allowed

Manoharan v. P.Selvaraj

2023-02-28Honourable Mr Justice Rmt. Teekaa Raman11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 20.02.2023 Pronounced on 28.02.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN C.M.A.Nos.2711 & 2712 of 2022 CMA.No.2711 of 2022 Manoharan, S/o.Pandurankan No.1/51, Middle Street Naranamangalam Padalur Post, Alathur Taluk Perambalur District.

... Appellant Vs.

1.P.Selvaraj S/o.Pachamuthu No.7/74, Amman Street Errasamuthiram, Ayilur Post Kalpadi, Perambalur District - 621 212 2.The Branch Manager M/s.United India Insurance Company Limited No.50-A, Palivasal Street Prambalur.

... Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Order and Decreetal Order in MCOP.No.814 of 2018 dated 05.08.2022, on the file of the Motor Accident Claims Tribunal/Principal District Judge, Perambalur.

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CMA.No.2712 of 2022 1.Manoharan, S/o.Pandurankan No.1/51, Middle Street Naranamangalam Padalur Post, Alathur Taluk Perambalur District.

2.Padmapriya, W/o.Ramachandran D/o.Manoharan No.2/301, Middle Street Kadaiveethi, Valikandapuram Perambalur District.

3.Prathapkumar, S/o.Manoharan No.1/51, Middle Street Naranamangalam Padalur Post, Alathur Taluk Perambalur District.

... Appellants Vs.

... Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Order and Decreetal Order in MCOP.No.817 of 2018 dated 05.08.2022, on the file of the Motor Accident Claims Tribunal/Principal District Judge, Perambalur.

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For Appellant : Ms.K.Priyavarshini (in both cases) For Respondents : Ms.I.Malar (for R2) R1 - Dispensed with (in both cases) C O M M O N J U D G M E N T The Appeals have been filed against the common Order and Decreetal Order made in MCOP.No.814 & 817 of 2018 dated 05.08.2022, on the file of the Motor Accident Claims Tribunal/Principal District Judge, Perambalur. CMA.No.2711 of 2022 2.The claim Petitioner is the Appellant herein. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

3.The claim Petitioner filed MCOP.No.814 of 2018, seeking compensation for the injuries sustained by him in a road traffic accident occurred on 15.07.2018. The Tribunal has awarded a sum of Rs.1,92,584/- with interest at the rate of 7.5%. Aggrieved against the same and seeking enhancement, he has preferred this Appeal.

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CMA.No.2712 of 2022 4.The claim Petitioners are the Appellants herein and they filed this Appeal, seeking enhancement of compensation awarded in MCOP.No.817 of 2018. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

5.The legal representatives of the deceased Buvaneswary filed MCOP.No.817 of 2018, seeking compensation and filed this Appeal on the point of quantum.

6.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 these Appeals. 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.

7.During the trial, on the side of the claim Petitioners, PW1 was examined, Ex.P.1 to Ex.P.13 were marked and on the side of the Respondents, none was examined and no document was marked and Ex.C1 was also marked before the Tribunal.

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8.Heard the learned counsel for the claim Petitioners and learned counsel for the Insurance Company.

9.The deceased was aged about 57 years at the time of the accident (15.07.2018) and said to have been worked as Tailor. The trial Court has not fixed any notional income, stating that the husband is working. Taking into consideration the law laid down by the Hon'ble Apex Court in the case of Syed Sadiq Vs.United India Insurance Company, reported in 2014 (1) TNMAC 459, wherein monthly income was fixed at Rs.6,500/- for a vegetable vendor, who sustained injuries in an accident, which occurred in the year 2008 and the fact that in the present case, the accident is of the year 2018, I am of the considered view that she would have been earned a sum of Rs.12,000/- at the time of the accident and 10% to be added towards future prospects. Since there are three dependents in the family 1/3rd has to be deduced towards personal expenses of the deceased and '9' to be applied as multiplier and hence, the pecuniary loss sustained by the claim Petitioners are re-assessed as follows: Rs.12,000/- + 10% of Rs.12,000/- = Rs.13,200/- Rs.13,200/- x 12 x 9 x 2/3 = Rs.9,50,400/- 5/11

10.The Tribunal has awarded a sum of Rs.15,000/- towards funeral expenses. The same is hereby confirmed. The claim Petitioners are entitled to get a sum of Rs.40,000/- each towards loss of love and affection, a sum of Rs.15,000/- towards loss of estate, Rs.10,000/- towards transportation and as per Ex.P.7/Medical bills, a sum of Rs.46,896/- is awarded to the claim Petitioners towards Medical bills.

S.No.

Head Amount (Rs.) Pecuniary loss 950400 Loss of love and affection (Rs.40,000/- x 3) 120000 Funeral expenses 15000 Loss of Estate 15000 Transportation 10000 Medical bills 46896 Total Compensation 1157296 Rounded off 1157300 In total, the claim Petitioners are entitled to a sum of Rs.11,57,300/- (Rupees eleven lakh fifty seven thousand three hundred only). The interest awarded by the Tribunal at the rate of 7.5% per annum is hereby confirmed. CMA.No.2711 of 2022 11.The claim Petitioner is said to have been doing agricultural job. As 6/11

per Ex.P.3/discharge summary, he has suffered by 4% of partial permanent disability. The date of accident is 15.07.2018 and hence, Rs.5,000/- is fixed per percentage and accordingly, a sum of Rs.20,000/- [Rs.5,000/- x 4] is awarded for the disability sustained by the claim petitioner. The notional income of the claim Petitioner is fixed at Rs.12,000/- per month and due to the accident, he would have lost his six months salary and accordingly, a sum of Rs.72,000/- (Rs.12,000/- x 6) is awarded towards loss of earning. The Tribunal has awarded a sum of Rs.20,000/- towards pain and sufferings, a sum of Rs.10,000/- towards transportation and as per Ex.P.5(s), a sum of Rs.98,584/- towards medical expenses, which are just and proper and the same are hereby confirmed. Extra nourishment awarded by the Tribunal is enhanced to Rs.10,000/-. A sum of Rs.10,000/- is awarded towards loss of amenities and a sum of Rs.10,000/- is awarded towards attender charges. S.No.

Heads Amount (Rs.) Disability 20000 Pain and sufferings 20000 Medical expenses 98584 Loss of income 72000 Attender charges 10000 Nutrition and extra nourishment 10000 Transportation 10000 7/11

S.No.

Heads Amount (Rs.) Loss of amenities 10000 Total 250584 Rounded off 250600 The Tribunal has awarded 7.5% interest per annum. The same is hereby confirmed.

12.In total, the claim Petitioner is entitled to a sum of Rs.2,50,600/- (Rupees two lakh fifty thousand and six hundred only).

13. In fine (CMA.No.2711 of 2022), (i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the award amount from Rs.1,92,584/- to Rs.2,50,600/- to the extent indicated above, with 7.5% interest per annum. No Costs.

(ii) the Insurance Company is directed to deposit the enhanced award amount before the Tribunal, within a period of six weeks from the date of receipt of a copy of this order, less the amount, if any already deposited. (iii) on such deposit being made, the claim Petitioner/Appellant is permitted to withdraw the entire enhanced award amount with accrued interest and costs, less the award amount, if any, already withdrawn, by filing necessary application before the Tribunal.

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(iv) the claim Petitioner/Appellant is 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.

14. In fine (CMA.No.2712 of 2022), (i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the compensation from Rs.2,81,896/- to Rs.11,57,300/- to the extent indicated above. No Costs.

(ii) the Insurance Company is directed to deposit the enhanced award amount, with interest and costs before the Tribunal, within a period of six weeks from the date of receipt of a copy of this order.

(iii) on such deposit being made, all 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 9/11

only after the receipt of Court fee.

28.02.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To The Principal District Judge Motor Accident Claims Tribunal, Perambalur.

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RMT.TEEKAA RAMAN.J, sai Pre-delivery Judgment made in C.M.A.Nos.2711 & 2712 of 2022 Dated: 28.02.2023 11/11