The Court enhanced the compensation awarded for the death of a claimant's wife in a motor accident. It corrected the multiplier from 11 to 14, added future prospects, increased loss of consortium to 1 lakh, and raised love and affection awards, totaling 9 lakhs.
The award was enhanced from Rs.4,57,000/- to Rs.9,00,000/- along with interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2015
CORAM
THE HON'BLE MR.JUSTICE N. KIRUBAKARAN
C.M.A.No.1115 of 2015
1.Thirumalvalavan @ Kambadasan 2.Minor Saravanabavan 3.Minor Panimalar Minors are represented by their father / Next Friend, the 1st Appellant ..Appellants/Petitioners.
/vs/
1.Elaiyaraja 2.M.Panneerselvam 3.The Zonal Manager, Cholamandalam MS General Insurance Company Ltd, No.1, Village Road, Dare House, Nungambakkam, Chennai - 34. ..Respondents/Respondents.
Prayer: Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, against the judgment and Decree dated 30.08.2012 made in M.C.A.T.O.P.No.18 of 2012 on the file of the Motor Accident Claims Tribunal - cum - District Judge, Karikal, in so far as it relates to quantum of compensation.
For Appellants : Mr. G.K.Ilanthiraiyan For Respondents : Mr.M.B.Raghavan Mr.N.Vijayaraghavan for R3
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the claimants against the award of Rs.4,57,000/- for the death of one Kalaiyarasi, wife of the 1st appellant/mother of appellants 2 & 3, aged about 40 years, alleged to be running a mess, earning about a sum of Rs.500/- per day, in the accident occurred on 24.10.2011.
Monthly contribution of the deceased to her family :: Rs.6,500 (-) 1/3 (Rs.6,500/-)
:: Rs.4333/-.
The tribunal wrongly adopted multiplier '11'. As per the age of the deceased was 43 as per Ex.P5, the right multiplier is 14 and applying the said multiplier, the loss of income is determined as follows:-
Loss of Income :: Rs.4333 x 12 x 14=7,27,944/-
C.M.A.No.1115 of 2015
3 issues framed by the court
Whether the multiplier adopted by the Tribunal was correct given the age of the deceased?
Whether the award for loss of consortium and love and affection was adequate?
Whether the compensation quantum should be enhanced?
Colour shows how this judgement treated each authority
Rajesh and others Vs. Rajbir Singh and othersApplied¶23
Rajesh and others Vs. Rajbir Singh and others reported in 2013 (3) CTC 883
1 provisions across 1 enactments
Thirumalvalavan @ Kambadasan
Minor Saravanabavan
Minor Panimalar
Elaiyaraja
M.Panneerselvam
The Zonal Manager, Cholamandalam MS General Insurance Company Ltd
N. KIRUBAKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
