Tmt. S. Thilagalakshmi v. Gangisetty Seshu Babu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. Tmt. S. Thilagalakshmi No.C-1167, Balasubranya Salai, Periyar Nagar, Chennai-600 082
2. N Settu No.C-1167, Balasubranya Salai, Periyar Nagar, Chennai-600 082 Appellant(s) Vs
1. Gangisetty Seshu Babu No.302, NVS Residency, Huda Colony, Andhra Pradesh, Chanda Nagar, Near Old Police Station-500 050 2.ICICI Lombard General Insurance Company Ltd, Chottabai Centre, No.140m 2nd and 3rd Floor, Nungambakkam High Road, Chennai-34 Respondent(s)
PRAYER To enhance the order of the tribunal and passed an entire award for a sum of Rs.37,50,000/- as against the order of the tribunal in MCOP.No.2889/2011 on the file of the Chief Motor Accident Claims Tribunal at Small Causes Court Chennai For Appellant(s):
T G Ravichandran For Respondent(s):
R.Sree Vidhya For R2 R1 -no Appearance JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the order of the tribunal and passed an entire award for a sum of Rs.37,50,000/- as against the order of the tribunal in MCOP.No.2889/2011 on the file of the Chief Motor Accident Claims Tribunal at Small Causes Court Chennai(in short ''tribunal''). 2.The brief facts of the case:
On 13.12.2010 at about 13.50 hours, while the deceased was walking near NAC gate, Madhapur, the first respondent's car bearing registration. No. AP-28AU-7115 came in a very rash and negligent manner, hit the deceased, due to which, the deceased sustained fatal injuries and died on the spot. Thereafter, the claimants filed the petition before the tribunal claiming compensation of Rs.
37,50,000/- under various heads. The second respondent/Insurance company contested the case by filing counter. After considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.19,72,500/- to the claimants. Challenging the quantum of compensation, the claimants preferred this appeal.
3. The learned counsel for the claimants/appellant herein submits that even though the income of the deceased has been proved with the help of the authorisation letter/Ex.P11 and also through pay slip/Ex.P14, the tribunal erroneously fixed Rs.12,500/- as monthly income instead of Rs.16,208/-. Therefore, he prayed to enhance the award passed by the tribunal.
3. Per contra, the learned counsel for the respondent raised objection stating that employer of the deceased was examined as P.W.3 and considering the same the tribunal has fixed last drawn salary of deceased as Rs.12,500/- per month. Thereby, he submits that award passed by the tribunal as such is well reasoned one needs no interference.
4. Heard the submission of the learned counsel for the either side, as rightly pointed out by the counsel for the appellant. As per the pay slip/Ex.P15 deceased earned a sum of Rs.17,363/- per month in the month of November
2010. Admittedly, the accident was happened on 03.12.2010. After deduction deceased earned Rs.16,208/- which was his last drawn salary. As per the authorisation letter/Ex.P3, at the time of the accident, he was employed in F&B supervisor Cyberaban Convention Centre Private Limited, Hyderabad. Therefore, as per the pay slip of the deceased his last drawn salary was Rs.16,208/-. But, the Tribunal has drastically reduced the income of the deceased to Rs.12,500/- by deducting GPF amount and other heads. The learned counsel submits that while accessing the basic salary of the deceased transport allowance, provident fund, PF loan and leave encashment are to be added to that effect he relied the judgment of the Supreme Court in the case of National Insurance Company Vs. Nalini and othere reported in 2024 ACJ 1637.
Therefore, by considering the said authority, the last drawn salary of the deceased is fixed as Rs.16,000/-. Accordingly, monthly income of the deceased was Rs.16,000/-. Further, the claimants are entitled to Rs.80,000/- for loss of consortium and Rs.15,000/- for loss of estate. Except above modification, the award passed by the tribunal is confirmed. Further, interest for the delay period is ordered to be waived.
S.No.
Heads Compensation awarded by the tribunal.
Compensation awarded by this Court 1.
Loss of income/dependence Rs.19,12,500Rs.24,48,000/- 2.
For love and affection Rs.20,000/- Rs.20,000/- 2.
Loss of estate Rs.10,000/- Rs.15,000/- 3.
Loss of consortium NIl Rs.80,000/- 4.
Funeral expenses Rs.25,000/- Rs.25,000/- 5.
Transportation charges Rs.5,000/- Rs.10,000/- Total Rs. 19,72,500/- Rs.25,98,000/-
5. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.25,98,000/-. The respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP.No.2889/2011, on the file of the Chief Motor Accident Claims Tribunal at Small Causes Court Chennai, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.
6. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No Costs.
12-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Gangisetty Seshu Babu No.302, NVS Residency, Huda Colony, Andhra Pradesh, Chanda Nagar, Near Old Police Station-500 050 2.ICICI Lombard General Insurance Company Ltd, Chottabai Centre, No.140m 2nd and 3rd Floor, Nungambakkam High Road, Chennai-34.
3. The Section officer, V.R Section, High Court, Madras.
4. The Chief Motor Accident Claims Tribunal at Small Causes Court Chennai
T.V.THAMILSELVI J.
pbl 12-06-2025