B.Pushpa, v. R.Nirmala Devi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 15.11.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.B.Pushpa 2.Minor B.Sowmiya 3.Minor B.Srinithi 4.R.Kamatchi ... Appellants/Petitioners (Minors-Appellants 2 and 3 rep by their mother and natural guardian 1st appellant) -Vs1.R.Nirmala Devi 2.The Branch Manager, The Oriental Insurance Company Limited, Branch Office No.134/1, Thiruchengode Road, Pallipalayam, Namakkal District.

(1st respondent set ex-parte before the Tribunal. Hence, R1 may be dispensed with) ... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 24.07.2015 in M.C.O.P.No.233 of 2013 on the file of the Motor Accident Claims Tribunal, Sub Court, Kulithalai, Karur District, seeking enhancement of compensation of Rs.20,00,000/- For Appellants : Mr.N.Sudhagar Nagaraj For R2 : Mr.C.Jawahar Ravindran

J U D G M E N T

The Civil Miscellaneous Appeal has been filed by the claimants challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal, Sub Court, Kulithalai, Karur District in M.C.O.P.No.233 of 2013, dated 24.07.2015.

2. The Tribunal has awarded a sum of Rs.24,86,000/- as compensation to the claimants in the manner stated below: 1/4

S.

No Description Amount awarded by the Tribunal (Rs) 1.

For loss of dependency 23,76,000

2. For loss of consortium 25,000

3. For loss of love and affection of the appellants 2 and 3 50,000 (Rs.25,000/- each) 4.

For love and affection of the 4th appellant 10,000 5.

For funeral expenses 25,000 Total 24,86,000

3. When the matter is taken up for hearing today, the learned counsel appearing for the appellants/claimants as well as the learned counsel appearing for the second respondent/Insurance Company submitted that in the present case, the loss of dependency was calculated without adding the future prospects. At the time of accident, the age of the deceased was 40 years old and Ex.A7 / driving licence and the postmortem certificate also confirmed the age of the deceased was 40 years. For the age group of '40', as held by the Hon'ble Apex Court in the case of National Insurance Company Vs. Pranay Sethi and others reported in 2017(2) TN MAC 609 (SC), 25% is required to be added. Therefore, the loss of dependency would be Rs.29,70,000/- (Rs.23,76,000/- + Rs.5,94,000/-) and the loss of dependency stands revised and increased from Rs.23,76,000/- to Rs.29,70,000/-.

4. The Tribunal has awarded a sum of Rs.25,000/- towards consortium and a sum of Rs.25,000/- towards funeral expenses. However, no amount was awarded towards loss of estate. Both the learned counsel appearing for the appellants/claimants as well as the learned counsel appearing for the second respondent/Insurance Company fairly submitted that as per the decision of the Hon'ble Supreme Court, in the case of Pranay Sethi and others reported in 2017(2) TN MAC 609 (SC), the claimants are entitled for a sum of Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. Accordingly, the amount awarded by the Tribunal for loss of consortium stands revised from Rs.25,000/- to Rs.40,000/- and the amount awarded by the Tribunal for funeral expenses stands reduced from Rs.25,000/- to Rs.15,000/- and this Court also awards a sum of Rs.15,000/- for loss of estate. The amount awarded by the Tribunal for love and 2/4

affection of the respondents 2, 3 and 4 is just and fair and the same is confirmed as ordered by the Tribunal. In such circumstances, the compensation awarded by the Tribunal stands increased from Rs.24,86,000/- to Rs.31,00,000/- in the manner stated below:

S.

No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1.

For Loss of dependency 23,76,000 29,70,000 enhanced 2.

For loss of consortium 25,000 40,000 enhanced 3.

For loss of love and affection of the respondents 2 & 3 50,000 50,000 confirmed 4.

For love and affection of the respondent 4 10,000 10,000 confirmed 5.

For funeral expenses 25,000 15,000 reduced 6.

For loss of estate 15,000 granted Total 24,86,000 31,00,000 By increasing a sum of Rs.6,14,000

5. In view of the above modification, the Civil Miscellaneous Appeal is allowed in part and this Court directs the second respondent/Insurance Company to deposit the entire award amount within a period of eight weeks from the date of receipt of a copy of this judgment along with interest at the rate of 7.5% from the date of accident till the date of realisation. On such deposit being made, the Tribunal is directed to transfer the respective share amount to the major claimants' account directly by way of RTGS/NEFT system, after getting their Account Details, within a period of three weeks thereafter. Since the second and third 3/4

appellants are minors, their shares shall be deposited in a Nationalised Bank, till they attain majority and the first appellant is permitted to withdraw interest once in three months. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) akv To The Subordinate Judge, Motor Accident Claims Tribunal, Kulithalai, Karur District.

Copy to The Section Officer VR Section, Madurai Bench of Madras High Court, Madurai-2 copies +1 CC to Mr.C.JAWAHAR RAVINDRAN, Advocate ( SR-98855[F] dated 18/11/2019 ) +1 CC to Mr.N.SUDHAGAR NAGARAJ, Advocate ( SR-99172[F] dated 18/11/2019 ) 15.11.2019 KM/(20.02.2020) 4P 6C 4/4