The Madurai Bench enhanced compensation for a motor accident claim by an additional Rs. 58,000 to align conventional heads of claim with Supreme Court guidelines, making the total Rs. 4,26,700, and directed the insurer to deposit the amount.
Compensation enhanced from Rs. 3,68,700 to Rs. 4,26,700. Respondent to deposit 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.11.2017
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.219 of 2015
1.P.Ponnamma 2.Mathi 3.Chinnamma 4.Rajangam 5.Veeraselvam 6.Arumugam 7.Murugan 8.Kavitha : Appellants/Petitioners
Vs.
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 07.08.2012 passed in M.C.O.P.No.1411 of 2010 on the file of the Motor Accidents Claims Tribunal, (5th Additional District Court), Madurai.
For Appellants : Mr.S.I.Robert Chandrakumar For Respondent No.1 : Mr.J.Bala Meenakshi For Respondent No.2 : Mr.D.Sivaraman
JUDGMENT
Heard the learned counsel on either side.
2.The claimants have filed this appeal seeking enhancement of the compensation awarded to them by the Tribunal. The husband of the first appellant died in the accident involving the lorry belonging https://hcservices.ecourts.gov.in/hcservices/ to the first respondent and insured with the second respondent herein. The deceased left behind his wife, five sons and two daughters.
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3.Even in the petition filed by them, the monthly income earned by the deceased was mentioned as Rs.4,000/-. But the Tribunal fixed his monthly income as Rs.4,500/-. Similarly, even though, the age of the eldest son was 40 and the age of the first claimant was mentioned as 60, the Tribunal accepted at its face value. The age attributed to the deceased is 60 at the time of the accident. It is obvious that the deceased was aged above sixty years at the time of the accident. In that case, multiplier should be 7. But, taking the age given by the petitioner, his multiplier was fixed as 9. Therefore the Tribunal has been liberal and beneficial, while considering the claim of the petitioners/appellants. However it is seen that the damages awarded under the conventional heads such as loss of consortium, funeral expenses and loss of estate was fixed only at Rs.12,000/-. The Hon'ble Supreme Court held in National Insurance Company Limited Vs. Pranay Sethi and Ors . dated 31.10.2017, a sum of Rs.70,000/- has to be awarded under these heads. Therefore the compensation awarded by the Tribunal is enhanced by further sum of Rs.58,000/-.
4.Therefore the compensation payable to the claimants will have to be reworked as under:-
| Sl.No | Heads | Amounts in Rs | ||
|---|---|---|---|---|
| 1. | For loss of | Income | Rs.3,24,000/- | |
| 2. | For loss of 1stappellan |
consortium for t |
the | Rs. 40,000/- |
| 3. | For loss of Rs.4000/- |
love and affect each to |
ion the |
Rs. 32,000/- |
| appellants 1 | to 8 | |||
| 4. | For Funeral | expenses | Rs. 20,000/- | |
| 5. | For loss of | estate | Rs. 10,700/- | |
| Total | Rs.4,26,700/- |
5.Therefore the compensation payable to the claimants will have to be enhanced from Rs.3,68,700/- to Rs.4,26,700/-. The award dated 07.08.2012, made in M.C.O.P.No.1411 of 2010, on the file of the Motor Accidents Claims Tribunal, (5th Additional District Court), Madurai is modified accordingly.
6.The second respondent is directed to deposit the entire compensation amount of Rs.4,26,700/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, https://hcservices.ecourts.gov.in/hcservices/ if any. On such deposit, the claimants are entitled to withdraw the same, as apportioned by the Tribunal, less the amount already
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withdrawn by them, if any, by filing proper application before the Tribunal.
7.This Civil Miscellaneous Appeal is partly allowed. No costs.
Sd/Assistant Registrar (CS-I)
/True Copy/
Sub Assistant Registrar
To
The 5th Additional District Judge, (5th Additional District Court), Motor Accidents Claims Tribunal, Madurai.
Copy To:-
The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (2 Copies)
TSG/PSD
TE/SV/SAR-4 : 18/07/2018 : 3P/7C
C.M.A.(MD)No.219 of 2015
13.11.2017
3 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal should be enhanced to include damages for loss of consortium, love and affection, funeral expenses, and loss of estate as per Su
Whether the total compensation needs recalculation based on fixed sums for conventional heads of claim.
Whether the insurance company is directed to deposit the enhanced compensation amount with interest.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi and OrsApplied¶17
National Insurance Company Limited Vs. Pranay Sethi and Ors
1 provisions across 1 enactments
P. Ponnamma and Ors.
P. Palanichamy
Shriram General Insurance Company Limited
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
