S.Muthu, v. P.Muthuraj
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025
CORAM:
THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI C.M.A.(MD) No. 77 of 2023 1.S. Muthu 2.M. Radhiammal ... Appellants vs.
1.P. Muthuraj 2.The Divisional Manager, Oriental Insurance Company Ltd., 1024-J, Sri Vijya Complex, II Floor, Cumbum Road, Theni.
3.Ravi 4.The Divisional Manager, United India Insurance Company Ltd., Door No.19/1, First Floor, Kalpana Complex, Birds Road, Trichy - 620 001.
... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the fair and decreetal order dated 30.08.2022 in M.C.O.P. No. 75 of 2017 on the file of the Motor Accident Claims Tribunal / Additional District and Sessions Court, Theni at Periyakulam. For Appellant : Mr. K. Kumaravel 1/7
1st Respondent : No Appearance For 2nd Respondent : Mr. C. Karthik
J U D G M E N T
Being not satisfied by the judgment and decree passed in M.C.O.P. No. 75 of 2017 dated 30.08.2022 on the file of Motor Accident Claims Tribunal / Additional District and Sessions Court, Theni at Periyakulam, the legal heirs of Bekkamman have preferred this Civil Miscellaneous Appeal for enhancement of compensation.
2. Despite the receipt of notice, first respondent neither appeared nor entered appearance through counsel.
3. Heard the arguments of learned counsel for the appellant and the learned counsel for the second respondent / Insurance Company.
4. Learned counsel for the appellant would vehemently contend that notional income of the deceased was fixed at Rs.10,000/- by the Tribunal is less and no amount was granted for loss of estate. 2/7
5. It has come on record through the evidence of P.W.1 that the deceased was aged about 24 years. At the relevant point of time, he was working as Mason and earning a sum of Rs.20,000/- per month. In order to substantiate the income, Ex.P8 certificate has been issued by the District President of AITUC. This cannot be taken as a proof for income and the Tribunal has correctly rejected the same. The Tribunal has fixed the notional income of the deceased at Rs.10,000/- by adding 40% towards future prospects, after deducting 50% towards the personal and living expenses, the income was fixed at Rs.7,000/-. This Court deems fit to fix the notional income of the deceased as Rs.11,000/- per month.
6. The appellants 1 and 2 are the parents of the deceased. As per the law laid down by the Hon'ble Supreme Court in Smt.Sarla Verma & Others v. Delhi Transport Corporation and another reported in 2009
(2) TN MAC 1 (SC), the deduction for personal and living expenses is 1/3rd if the number of dependent in family members are 2 to 3. As per Ex.P5 / copy of the Driving License, the date of birth of the deceased is mentioned as 18.06.1992. The date of accident is 29.08.2016. The age of the deceased at the relevant point of time was 24 years. As per the law laid down by the Hon'ble Supreme Court in Sarla Verma's case (as mentioned 3/7
supra), the relevant multiplier to be adopted is 18. Based on the above said details, the loss of dependency is re-worked as follows: Rs.11,000/- + 40% - 1/3 x 12 x 18 = Rs.22,17,672/-
7. Further, for loss of estate, an amount of Rs.15,000/- is granted. For transport expenses and for funeral expenses, an amount of Rs.5,000/- under each head is granted, in addition to the amount already granted by the Tribunal. As regards the other heads, the amounts awarded by the Tribunal appears to be reasonable and acceptable, which needs no interference. Therefore, the compensation awarded by the Tribunal is reworked and tabulated, as given hereunder: - Sl.
No.
Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced Loss of Income Rs.14,28,000/- Rs.22,17,672/- Enhanced Transport Expenses Rs. 10,000/- Rs. 15,000/- Enhanced Loss of cloth Rs. 2,000/- Rs. 2,000/- Confirmed Loss of love and affection Rs.1,00,000/- each Rs.2,00,000/- Rs. 2,00,000/- Confirmed Funeral expenses Rs. 10,000/- Rs. 15,000/- Enhanced Loss of estate Nil Rs. 15,000/- Granted Total Rs.16,50,000/- Rs.24,64,672/- Rounded off to Rs.24,65,000/- 4/7
8. Thus, the compensation awarded by the Tribunal is enhanced from Rs.16,50,000/- to Rs.24,65,000/- which would carry interest at the rate of 7% per annum.
9. In the result, (i) The Civil Miscellaneous Appeal is partly allowed. No costs. (ii) The compensation awarded by the Tribunal is enhanced from Rs. 16,50,000/- to Rs.24,65,000/-.
(iii) The 2nd respondent / Insurance Company is directed to deposit the enhanced compensation amount i.e., Rs.24,65,000/- (less the amount already deposited if any) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.C.O.P.No.75 of 2017, on the file of the Motor Accident Claims Tribunal / Additional District and Sessions Court, Theni at Periyakulam, within a period of eight weeks from the date of receipt of a copy of this Judgment. (iv) On such deposit being made, the appellants / claimants are at liberty to withdraw the same as per apportionment made by the Tribunal along with interest and costs, less the amount if any already withdrawn, by making necessary cheque application before the Tribunal. The appellants/claimants are directed to pay the Court fee for the enhanced compensation amount, if required. The Tribunal below shall disburse the 5/7
enhanced amount upon production of the certified copy showing proof of payment of Court fee by the claimants.
28.01.2025 Index : Yes/No AT To:
1. The Motor Accident Claims Tribunal / Additional District and Sessions Court, Theni at Periyakulam.
2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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R.KALAIMATHI, J.
AT C.M.A.(MD) No. 77 of 2023 28.01.2025 7/7