C.M.A(MD)No.853 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.12.2024
CORAM
THE HONOURABLE MRS.JUSTICE R. KALAIMATHI
C.M.A(MD)No.853 of 2023
1.Kadarkarai
2.Panchavarnam
3.Muthukumar
4.Murugaraja ... Appellants/Petitioners
-Vs-
1.Arulraj
2.Royal Sundaram Alliance Insurance Co., Ltd.,
Through its Branch Manager,
No.176D & E, Trivandrum Road,
Vannarapettai,
Tirunelveli-627 003. ...Respondents/Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the award dated 29.10.2021 passed in
MCOP No.1797 of 2018 on the file of the Motor Accident Claims Tribunal,
Special Sub-Court dealing with MCOP Cases, Tirunelveli, to allow this
appeal and to enhance the award amount.
For Appellant : Mr.T.Selvakumarn
For R1 : No appearance
For R2 : Mr.S.Srinivasaraghavan
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C.M.A(MD)No.853 of 2023
J U D G M E N T
Not being satisfied with the award dated 29.10.2021 made in
MCOP No.1797 of 2018 on the file of the MACT/Special Court, dealing with
MCOP Cases, Tirunelveli, the claimants herein have preferred this Civil
Miscellaneous Appeal for enhancement of compensation.
2.Despite the receipt of notice, the first respondent neither
appeared nor represented through his Counsel.
3.Heard the arguments of the learned counsel for the
appellants/claimants and the learned counsel for the second
respondent/Insurance Company.
4.Upon consideration, the Tribunal fixed notional income of the
appellant at Rs.7,500/- by adding 40% of future prospects and by
deducting ½ as personal expenses of the deceased, granted a sum of
Rs.11,34,000/- for loss of dependency. For loss of consortium, an amount
of Rs.40,000/-, for loss of estate and for funeral expenses, an amount of
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C.M.A(MD)No.853 of 2023
Rs.15,000/- each under the head was granted. In all, a sum of Rs.
12,04,000/- was granted by the Tribunal for compensation.
5.The learned counsel for the appellants would strenuously argue
that the notional income fixed by the Tribunal for the deceased at
Rs.14,000/ is less. For loss of consortium, no amount was granted to the
claimants No.2 to 4.
6.It is the evidence of P.W.1 that the deceased was aged about
21 years and he was working as two wheeler mechanic and earning
Rs.20,000/ per month. As per the available document viz., Ex.P.2/Post
mortem Certificate, age of the deceased is fixed as 22 years is not found
fault with. The date of the accident is 16.03.2018. Though no document
was filed to substantiate the avocation of the deceased, in consideration of
the above said details, this Court deems it fit to fix the income of the
deceased at Rs.13,000/- per month.
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C.M.A(MD)No.853 of 2023
7.The Hon'ble Supreme Court has standardized the details of the
future prospects while computing the monthly income in National
Insurance Company Vs Pranay Sethi and others, reported in
2017(2)TNMAC 609(SC). For the persons below 40 years 40% has to be
added. In order to fix his age the only available record is Ex.P.2- Post-
mortem Certificate and relying upon the same, the Tribunal has fixed his
age at 22 years cannot be found fault with. As held in Sarala Varma and
others Vs Delhi Transport Corporation and another, reported in 2009(2)
TNMAC 1, the relevant multiplier to be selected is '18'. As the deceased
was a bachelor, 50% has to be deducted for personal expenses. Based on
the aforestated details, for calculating loss of dependency, following
formula emerges. The loss of dependency is arrived at Rs.19,65,600/-(Rs.
13,000 + 40/100 x 12 x 18m x 50/100).
8.The claimants No.1 and 2 are the parents of the deceased and
the claimants 3 and 4 are the elder brothers of the deceased. The Tribunal
has granted Rs.40,000/- for filial consortium to the parents. As per the law
laid down by the Hon'ble Apex Court in Magma General Insurance Co.
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C.M.A(MD)No.853 of 2023
Ltd vs Nanu Ram Alias Chuhru Ram reported in 2018 AIR SC 1249, the
elder brothers of the deceased are also entitled for loss of consortium of
Rs.40,000/- each, thereby an amount of Rs.1,20,000/-(40,000 + 80,000 =
1,20,000) is awarded towards loss of consortium. The compensation
awarded by the Tribunal is reworked and tabulated hereunder:
S. Description Amount Amount Award confirmed or
No awarded by awarded by enhanced or granted
Tribunal this Court or reduced
1 For Loss of dependency Rs.11,34,000/- Rs.19,65,600/- Enhanced
2 For Loss of Consortium Rs.40,000/- Rs.1,20,000/- Enhanced
3 For Loss of Estate Rs.15,000/- Rs.15,000/- Confirmed
4 For Funeral Expenses Rs.15,000/- Rs.15,000/- Confirmed
Total Rs.12,04,000/- Rs.21,15,600/-
Enhanced by
Rs.9,11,600/-
Out of Rs.21,15,600/-, a sum of Rs.91,160/- shall be deducted
towards income tax and after deduction, the compensation is arrived at
Rs.20,24,440/-.
9. In the result,
(i) The Civil Miscellaneous Appeal stands allowed.
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C.M.A(MD)No.853 of 2023
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.12,04,000/- to Rs.20,24,440/-.
(iii) The Insurance Company/second respondent is directed to
deposit the enhanced compensation amount i.e., Rs.20,24,440/- (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.1797 of 2018 on the file of Motor Accidents Claims
Tribunal /Special Sub Court Dealing with MCOP Cases, 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 and the
second appellant are entitled to Rs.9,62,220/- each with accrued interests,
the third and the fourth appellants are entitled to Rs.50,000/- each with
accrued interests, 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.
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C.M.A(MD)No.853 of 2023
(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
The Motor Accident Claims Tribunal
Special Sub-Court dealing with MCOP Cases,
Tirunelveli.
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C.M.A(MD)No.853 of 2023
R. KALAIMATHI ,J .
Ns
C.M.A(MD)No.853 of 2023
31.12.2024
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