The Branch Manager v. Sarkunam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN and C.M.P.(MD) No.6579 of 2024 The Branch Manager, Oriental Insurance Company Ltd., No.1548, Tenkasi Road, Rajapalayam, Virudhunagar District.
... Appellant Vs.
1.Sarkunam W/o.Veluchamy 2.Muthuganesan S/o.Veluchamy 3.Seethalakshmi D/o.Veluchamy 4.K.S.Muthusingapparaja S/o.Srirengaraja ... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to modify the Judgment and Decree dated 13.12.2023 passed in M.C.O.P.No.292 of 2018 on the file of the Motor Accident Claims Tribunal/Additional District Court, Srivilliputtur, Virudhunagar District.
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For Appellant : Mr.A.Ilango For R1 to R3 : Mr.M.Suresh For R4 : No appearance *****
J U D G M E N T
The Insurance Company has preferred the instant appeal challenging the quantum of compensation awarded by the Tribunal to the first to third respondents.
2. Since the findings on negligence and liability are not under challenge, the facts leading to the filing of the claim petition are unnecessary for the disposal of this appeal.
3. The learned counsel for the appellant submitted that the claimants had not produced any documents to prove the age of the deceased, and therefore, the Tribunal erred in fixing the age of the deceased at 60 years and applying the multiplier of '9'; and that the notional income fixed at Rs.14,000/- per annum is on the higher side in the absence of any proof of income, and prayed for deduction of compensation.
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4. The learned counsel for the first to third respondents/claimants, per contra, submitted that the notional income was rightly fixed by the Tribunal, as per the decision of the Hon'ble Division Bench of this Court in Andal and others Vs. Avinav Kannan and another, reported in 2019(1) TNMAC 54 (DB), considering the cost inflation index; that since the age of the deceased was 60 years as per his Service Register and even as per the postmortem report, the multiplier applied by the Tribunal was right; and that no compensation was awarded towards 'transport expenses' and the compensation awarded under the other heads is meagre, and therefore, prayed for enhancement of the compensation.
5. The only point for consideration in the instant appeal is whether the quantum of compensation awarded by the Tribunal is just and reasonable.
6. The age of the deceased was shown as 58 years in the postmortem report (Ex.P4). However, the extract of the deceased's Service Register produced on the side of the claimants indicates that the date of birth of the deceased was 10th June, 1958. Therefore, the Court is Page No. 3 of 7
of the view that the Tribunal had rightly fixed the age of the deceased at 60 years and applied the multiplier of '9'.
7. As regards the notional income, this Court is of the view that in the absence of any evidence to prove the pension received by the deceased or any other source of income, considering the age and avocation of the deceased and the year of the accident, a sum of Rs.10,000/- per month can be fixed as notional income of the deceased, 10% has to be added towards future prospects, and 1/3rd has to be deducted towards 'personal expenses'. Thus, the compensation under the head 'loss of dependency' would be Rs.7,92,000/- [10,000 + 10/100 x 12 x 9 x 2/3].
8. The Tribunal had not awarded any compensation towards 'transport expenses'. Therefore, a sum of Rs.10,000/- is awarded under the head 'transport expenses'. The compensation awarded under the other heads is just and reasonable and is therefore confirmed.
9. The total compensation awarded by the Tribunal is modified as follows:
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Sl.
No Heads Amount awarded by the Tribunal Amount awarded by this Court Award confirmed, reduced, enhanced or awarded Loss of dependency Rs.11,08,836/- Rs.7,92,000/- Reduced Funeral Expenses Rs. 15,000/- Rs. 15,000/- Confirmed Loss of estate Rs. 15,000/- Rs. 15,000/- Confirmed Loss of love and affection to the claimants Rs.1,20,000/- Rs.1,20,000/- Confirmed Transport Expenses - Rs. 10,000/- Awarded Medical Expenses Rs.2,77,195/- Rs.2,77,195/- Confirmed Total Rs.15,36,031/- Rs.12,29,195/- Reduced by Rs.3,06,836/-
10. The appellant is directed to deposit the aforesaid modified amount of Rs.12,29,195/- together with interest at 7.5% per annum from the date of the claim petition till the date of realization and costs, after deducting the amount already deposited, if any, within a period of four (4) weeks from the date of receipt of a copy of this Judgment.
11. On such deposit, the first to third respondents are permitted to withdraw the same, as per the apportionment fixed by the Tribunal, along with the interest and costs, less the amount already withdrawn, if any, by filing suitable application before the Tribunal. Page No. 5 of 7
12. The appellant, Insurance Company, is permitted to withdraw the excess amount already deposited, if any, together with interest, by filing suitable application before the Tribunal.
13. In the result, this Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. 17.10.2024 Index: Yes/ No Speaking Order/Non-Speaking Order JEN Copy To:
1.The Additional District Judge, Motor Accident Claims Tribunal, Srivilliputtur, Virudhunagar District.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN , J.
JEN and C.M.P.(MD) No.6579 of 2024 17.10.2024 Page No. 7 of 7