Parvathi v. P.Vallinathan

3BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI 1.Parvathi 2.Muthumathi 3.Balamurugesh 4.Gomathiammal ... Appellants/Petitioners SZ ` -Vs1.P.Vallinathan 2.Reliance General Insurance Co., Ltd., Rep by its Branch Manager, No.200/E/2/13, Tiruchendur Road, Samathanapuram, Palayamkottai, Tirunelveli District.

... Respondents/Respondents PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1998, as against the judgment and decree dated 22.06.2022 made in MCOP No.510 of 2020 on the file of the Motor Accident Claims Tribunal, III Additional District Court, Tirunelveli and to set aside the award.

For Appellant : Mr.V.Sasi Kumar

For R2 : Mr.T.S.Murali

J U D G M E N T

Not being satisfied with the award dated 22.06.2022 passed in MCOP No.510 of 2020 by the Motor Accident Claims Tribunal, III Additional District Court, Tirunelveli, this Civil Miscellaneous appeal is filed by the claimants.

2.Heard the argument of the learned counsel for the appellants and the learned counsel for the second respondent. 3.Upon consideration, the Tribunal has granted compensation for a sum of Rs.9,75,896/- and the details are hereunder: S. No Description Amount awarded by the Tribunal For Loss of dependency Rs.9,40,896/- For Funeral Expenses Rs.15,000/- For Transportation Rs.10,000/- For Loss of Estate Rs.10,000/- Total Rs.9,75,896/- 4.The learned counsel for the appellants would vehemently argue that the deceased was the owner cum driver of the Mahindra

Passenger Van and earning a sum of Rs.25,000/- per month. The Tribunal has fixed the notional income of Rs.8,640/- which is less. It was further contended that the Tribunal ought to have fixed notional income of Rs.16,000/- per month and hence, prayed for enhancement of compensation.

5.It has come on record through the evidence of P.W.1 that the deceased was the owner cum driver of the Mahindra van and earning a sum of Rs.25,000/- p.m. But, no document was marked to substantiate the said fact. The date of accident is 08.11.2019. Based on the aforesaid details, this Court deems it fit to fix the notional income of the deceased at Rs.15,000/-. As regards the age of the deceased Ex.P.2-Post mortem certificate and Ex.P.8-Driving License of the deceased were marked and by relying upon the date entries found in the driving license, the age of the deceased is fixed at 51 years. The Hon'ble Supreme Court has standardized the details of the future prospects in National Insurance Company-Vs-Pranay Sethi and others, reported in 2017(2)TNMAC 609(SC). For the age group of persons between 50 years to 60 years, 10%

has to be added. As held in Smt.Sarala Varma and others Vs Delhi Transport Corporation and another, reported in 2009(2) TNMAC 1, for the age group of persons between 51 to 55 years, the proper multiplier is '11m'. For personal and living expenses, as the claimants are four in number, 1/4th has to be deducted, while computing the income. For computing loss of dependency, following formula emerges: (15,000/- +10% x 1⁄4 x 11 x 12 = 16,33,500/-). For loss of consortium for the four claimants, who are the wife and children of the deceased, an amount of Rs.1,60,000/- is granted. For loss of estate, an amount of Rs.5000/- is granted, in addition to the amount granted by the Tribunal. The compensation awarded by the Tribunal is reworked and tabulated hereunder. S.

No Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced For Loss of dependency Rs.9,40,896/- Rs.16,33,500/- Enhanced For Loss of Consortium Nil Rs.1,60,000/- granted For Funeral expenses Rs.15,000/- Rs.15,000/- Confirmed For Loss of Estate Rs.10,000/- Rs.15,000/- Enhanced For Transport Expenses Rs.10,000/- Rs.10,000/- Confirmed Total Rs.9,75,896/- Rs.18,33,500/- Enhanced by Rs.8,57,604/-

Out of the compensation, a sum of Rs.85,760/- shall be deducted towards income tax.

6. In the result, (i) The Civil Miscellaneous Appeal stands partly allowed. (ii) The compensation awarded by the Tribunal is enhanced from Rs.9,75,896/- to Rs.18,33,500/-.

(iii) The Insurance Company/second respondent is directed to deposit the enhanced compensation amount i.e., Rs.18,33,500/- (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.510 of 2020 on the file of Motor Accidents Claims Tribunal /III Additional District Court, Tirunelveli, within a period of eight (8) weeks from the date of receipt of a copy of this Judgment. (iv) On such deposit being made, the first appellant/claimant is permitted to withdraw a sum of Rs.9,33,500/-, the second and third appellants/claimants are permitted to withdraw a sum of Rs.4,00,000/- each and the fourth appellant/claimant is permitted to withdraw a sum of

Rs.1,00,000/- along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary application before the Tribunal. (v) The appellants/claimants are directed to pay the Court fee for the enhanced compensation amount, if required. (vi) The Tribunal shall disburse the amount upon production of the certified copy showing proof of payment of Court fee by the claimant. (vii)No costs.

31.12.2024 NCC:Yes/No Index:Yes/No Internet::Yes/No To 1.The Motor Accident Claims Tribunal/ III Additional District Court, Tirunelveli.

R. KALAIMATHI ,J.

Ns 31.12.2024