Mariammal, v. Suresh Kumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY C.M.A(MD)No.250 of 2022 1.Mariammal 2.Thangamariappan 3.Sathya 4.Minor Rajkumar ... Appellants Vs.

1.Suresh Kumar 2.The Branch Manager, United India Insurance Company Ltd., D.No.213C/18, Odaikarai Street, Cumbam.

... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, praying to enhance the award amount to Rs.1,80,993/- (Rupees One Lakh Eighty Thousand Nine Hundred and Ninety Three only) in Judgment and Decree dated 26.11.2015 made in M.C.O.P.No.71 of 2012, on the file of the Motor Accident Claims Tribunal, the learned Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputhur. For Appellant : Mr.P.Ganapathi Subramanian For Respondent No.1 : No appearance For Respondent No.2 : Mr.C.Karthik 1/6

JUDGEMENT This appeal has been preferred by the claimants for enhancing the award amount granted by the Tribunal made in M.C.O.P.No.71 of 2012, dated 26.11.2015.

2. It is a case of fatal. The contention of the claimants is that the deceased was running a cycle shop and he was also carrying on the avocation as broker for purchasing diesel engine oil, but the Tribunal has fixed the deceased's notional salary as Rs.6,000/-, which is on the lower side. As per the Judgment rendered by the Hon'ble Supreme Court in the case Syed Sadiq Vs. United India Insurance Co. Ltd. reported in 2014 TN MAC 459 the notional fixation of income is Rs.6500/- for the accident happened in the year 2008. In the present case the accident occurred on 11.08.2012 and died on 15.09.2012. Following the Judgment of Syed Sadiq's case and by taking inflation into account this Court is fixing the notional income as Rs.9,000/-. The monthly salary of the deceased is Rs.9,000/- His Annual income is Rs.9,000 x 12 =Rs.1,08,000/- Since the deceased's age was 52 years the multiplier is 11 Rs.1,08,000 x 11=Rs.11,08,000/- DEDUCT 1/4 personal expenses Rs.11,08,000 - Rs.2,77,000/- = Rs.8,31,000/- 2/6

3. As far as the loss of love and affection is concerned, the Tribunal has fixed for each of the petitioner is as Rs.15,000/-. The same is on the lower side. Therefore, this Court is fixing a sum of Rs.40,000 x 3 =Rs.1,20,000/-.

4. Since the Tribunal has not granted any compensation for attender expenses this Court is granting a sum of Rs.20,000/-. The claimants have filed this Civil Miscellaneous Appeal belatedly, therefore, there is no interest for the belated period.

5. Accordingly, the claimants are entitled for compensation as follows:

Sl.

Description Amount awarded by Award confirmed / enhanced / granted No.

Tribunal this Court

1. For Loss of income Rs. 5,94,000/- Rs. 8,31,000/- enhanced

2. For loss of love and affection Rs. 45,000/- Rs. 1,20,000/- enhanced [3 x Rs.40,000/-]

3. For attender expenses -- Rs. 20,000/- granted

4. For loss of consortium to the 1st claimant Rs. 55,000/- Rs. 55,000/- confirmed

5. For Funeral expenses Rs. 10,000/- Rs. 10,000/- confirmed

6. As per Ex.P.2 to the 1st claimant Rs. 3,46,883/- Rs. 3,46,883/- confirmed

7. As per Ex.P.3 to the 1st claimant Rs. 1,00,000/- Rs. 1,00,000/- confirmed

8. As per Ex.P.11 to the 1st claimant Rs. 10,381/- Rs. 10,381/- confirmed Total Rs.11,61,264/- Rs.14,93,264/- 3/6

From the compensation of Rs.11,61,264/-granted by the Tribunal, this Court is enhancing a sum of Rs.14,93,264/-, as compensation.

6. Accordingly, this Civil Miscellaneous Appeal is partly allowed. The Court is enhancing the compensation to Rs.14,93,264/- from Rs. 11,61,264/-with interest at 7.5% along with costs. The claimants are not entitled for interest for a period from the date of the Order passed by the Tribunal till filing of this Civil Miscellaneous Appeal. The Insurance company is directed to deposit the same within a period of 8 weeks from the date of receipt of a copy of the order, less the amount if already deposited. After depositing the amount, the claimants 1 to 3 are permitted to withdraw their respective share as apportioned by the Tribunal. The share of the minor 4th claimant is to be deposited in anyone of the Nationalized Bank till he attains majority. The 1st claimant/mother is permitted to withdraw the interest amount of the deposited amount of the minor claimant. No Costs. Consequently, connected miscellaneous petition is closed. For the enhanced amount the claimant shall pay the appropriate court fees.

26.02.2024 NCC : Yes / No Index : Yes / No Internet :

Yes / No KSA 4/6

To 1.The Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputhur.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

5/6

S.SRIMATHY, J.

KSA Order made in C.M.A(MD)No.250 of 2022 26.02.2024 6/6