Mrs. C. Angalaeshwari v. Mr.C.Ponniayan (Dead)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.806 of 2015 1.C.Angalaeshwari 2.C.Sucitha 3.C.Karthika 4.C.Akila 5.Minor C.Sasinega (Minor appellant is rep.by her mother and guardian, the first appellant) ... Appellants/Petitioners Vs.

1.C.Ponnaiyan (dead) 2.Cholamandalam MS General Ins Com Ltd, through its authorised Signatory, Dare House, 2nd Floor, NSC Bose Road, Chennai - 600 001.

3.P.Selvi 4.Minor P.Priyadharshini 5.Minor P.Mahalakshmi (The minor respondents are rep.by their mother and guardian, the third respondent) ... Respondents/Respondents Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree order dated 09.06.2015 made in MCOP.No.940 of 2011 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Madurai.

For Appellants : Mr.V.Sakthivel For Respondent No.2 : Mr.K.R.Shiva shankari for Mr.S.Srinivasa Raghavan R1 : Died

JUDGMENT

The claimants have filed this appeal seeking enhancement of compensation awarded to them.

2.One Chellapandi, husband of the first appellant herein died in an accident on 26.02.2011. The Tribunal awarded a sum of Rs.6,24,000/- and fastened the liability on the second respondent herein who was the insurer of the offending excavator. 3.The learned counsel appearing for the appellants would contend that the deceased was working as a lorry driver. The claimants have filed Ex.P.5 pay certificate. They also examined PW.2, Moorthy, the employer of the deceased. Therefore, according to the learned counsel appearing for the claimants, the Tribunal erred in fixing the monthly income at Rs.6,000/-. 4.I am of the view, in view of the evidence brought on record, the monthly income of the deceased including future prospects can be taken as Rs.8,000/-. Since there were five dependents, the deduction of one fourth has to be made.

Therefore, the monthly income available for the family would be Rs.6,000/- Applying the multiplier 11, the pecuniary loss can be quantified at Rs.7,92,000/-. (6000x12x11) 5.Since the deceased died leaving behind his wife and four daughters, for loss of consortium and loss of love affection Rs.2,00,000/- can be awarded. For funeral expenses and loss of estate a sum of Rs.30,000/- can be awarded. Thus, the compensation payable to the claimants is quantified at Rs.10,22,000/-. 6.The compensation payable to the claimants is enhanced from a sum of Rs.6,24,000/- to Rs.10,22,000/-. The award 09.06.2015 made in MCOP.No.940 of 2011 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Madurai is modified. 7.The claimants have restricted their claim in this appeal to Rs.3,50,000/-.

The Registry is directed to collect the excess court fee from the appellants within a period of two weeks. 8.The second and third respondents are directed to deposit a sum of Rs.10,22,000/- jointly with interest at the rate of 7.5% per annum, from the date of petition till the date of realization and costs, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimants are entitled to withdraw their share as apportioned by the Tribunal, by filing proper application before the Tribunal, less the amount already withdrawn by them, if any. The share of the minor claimants shall be deposited in any one of the nationalised bank and the natural guardian, the first appellant is entitled to withdraw the interest once in three months directly from the bank.

9.This Civil Miscellaneous Appeal is allowed. No costs. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To The I Additional District Judge, Motor Accidents Claims Tribunal, Madurai.

Copy to:- The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.S.Srinivasa Raghavan, Advocate, SR.No.89338 +One cc to Mr.V.Sakthivel, Advocate, SR.No.88922 SKM RL/5C/3P/SV/MMS/SAR4/27/12/2017 C.M.A.(MD)No.806 of 2015 23.11.2017