Rameshkumar v. Patnar M/S.Arumuga Textiles
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY 1.Rameshkumar 2.Parameshwari ... Appellants Vs.
1.Patnar 2.The Branch Manager, New India Insurance Company Limited, D.No.1419, Tenkasi Road, Rajapalayam - 626 117, Virudhunagar District.
... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, against the Order and Decree made in M.C.O.P.No.2 of 2021 dated 28.04.2023 on the file of the Motor Accident Claims Tribunal/Additional District Court, Srivilliputtur.
For Appellants : Mr.M.Thirunavukkarasu For R1 : No Appearance For R2 : Mr.M.S.Sureshkumar 1/6
JUDGMENT
The claimants have preferred this Civil Miscellaneous Appeal. 2.It is a case of fatal. The contention of the appellants is that the Tribunal has fixed the monthly income of the deceased as Rs.6500/- and has added future prospects 10%. The deceased was working as Sweeper. The minimum notional income as per the case of Syed Sadiq Vs. United India Insurance Co. Ltd. reported in 2014 TN MAC 459 for the year 2008 is Rs.6500/-. In the present case, the accident occurred on 24.10.2020. Therefore, the notional fixation of salary as Rs.6500/- is on a lower side. Moreover, as per National Insurance Company Limited Vs. Pranay Sethi and others reported in 2017 (2) TN MAC 609 (SC), the minimum fixation for future prospects is 10% and the same ought to be fixed.
3. It is settled proposition that without evidence, the minimum notional salary ought to be fixed as Rs.8000/-. Therefore, in the present case, since the deceased was working as a Sweeper, this Court is inclined to fix the notional fixation of salary as Rs.10,000/- with 10% future prospects. 3.The next contention of the appellants is that there are two claimants but 2/6
the Tribunal has fixed under Loss of Consortium as Rs.40,000/-. By applying the principles of inflation this Court is inclined to fix the same as Rs.44,000/- each. Since there are two claimants, the compensation under the head of Loss of Consortium is Rs.88,000/-.
4.The modified award amount is as under:
i.
Monthly income of the deceased Rs.10,000/- ii.
Loss of future income (10%) Rs.1,000/- Total Rs.11,000/- 1/3rd of income deducted towards personal expenses - Rs.3,666/- Total income Rs.7,334/- Sl.No.
Head of Compensation Modified award granted by this Court Award granted by the Tribunal 1.
Loss of Income (Rs.7,334/-*12*9) Rs.7,92,072/- (enhanced) Rs.5,14,836/- 2.
Loss of Consortium (Rs.44,000 * 2) Rs.88,000/- (enhanced) Rs.40,000/- 3.
Funeral Expenses Rs.15,000/- (confirmed) Rs.15,000/- 4.
Loss of Estate Rs.15,000/-(confirmed) Rs.15,000/- Total compensation granted by this Court Rs.9,10,072/- (enhanced) Total = Rs. 5,84,836/- 3/6
5.The 2nd respondent Insurance Company shall deposit Rs.9,10,072/- with interest at the rate of 7.5% per annum and costs to the credit of M.C.O.P., on the file of claims Tribunal, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants are permitted to withdraw their equal shares with proportionate accrued interests and costs, less the amount already withdrawn by them, if any, by filing appropriate application before the Tribunal.
6. With the above said directions, the Civil Miscellaneous Appeal is partly allowed. No costs.
01.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Tmg 4/6
To 1.Motor Accident Claims Tribunal / Additional District Court, Srivilliputhur.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
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