The High Court enhanced the compensation awarded in a motor accident fatal case. The court fixed the deceased's income at Rs.8,000/month, added future prospects, and awarded conventional heads, increasing the total award to Rs.12,65,000.
The award amount was enhanced to Rs.12,65,000 plus interest at 7.5% per annum from the date of filing.
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: 11.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.BASKARAN
C.M.A.No.1469 of 2018
V.Anjalai
..Appellant/Petitioner
Vs.
1.M.Thangamariappan
2.Shriram General Insurance Co.Ltd.,
2nd Floor, City Centre,
66, Thirumalaipillai Road near Vani Mahal, T.Nagar,
Chennai-600 017
..Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the judgment and decree dated 08.08.2017 made in MCOP.No.2089 of 2014 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Cuddalore.
For appellant : : Ms.Ramya V.Rao for Respondents : : Mr.S.Dhakshinamoorthy for R2. J U D G M E N T
This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 08.08.2017 made in MCOP.No.2089 of 2014 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Cuddalore.
depending on his earning. Thus the Petitioner sought for a sum of Rs.25,00,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.
being a tortfeasor, the petitioner is not entitled for compensation. The Tribunal, wrongly fixed the negligence on the 1st respondent Lorry driver and passed the award. The quantum of the award itself is on the higher side. There is no need to enhance the award amount. Thus, the 2nd respondent sought for dismissal of the appeal.
appropriate to fix the monthly income of the deceased at Rs.8,000/- instead of Rs.6500/- fixed by the Tribunal. As the deceased was aged 40 years, it will be appropriate to add 25% of the income towards Future Prospects.
Monthly salary-Rs.10,000/-
Add: 25% future prospects – Rs.8,000/- + 25% (2000) = 10,000
Deduction: 1/3rd - 10,000 – 1/3 = 6667 6667 x 12 x 15 = 12,00,060/-
Funeral expenses -15,000/Loss of estate -15,000/-
| Sl.No | Heads | Amount awarded by the Tribunal |
Amount awarded by this court |
|---|---|---|---|
| 1. | Loss of dependency | 5,85,000/- | Rs.12,00,060/- |
| 2. | Loss of love and affection |
50,000/- | Rs. 25,000/- |
| 3. | Funeral and Transport Expenses |
25,000/- | Rs. 15,000/- + 10,000/- |
| 4. | Loss of estate | -- | Rs. 15,000/- |
| Total | 6,60,000/- | Rs.12,65,060/- rounded off to Rs.12,65,000/- |
(i) This Civil Miscellaneous is Partly Allowed;
(ii) The award amount is enhanced to Rs.12,65,000/- from Rs.6,60,000/-.
(iii) The award amount will carry interest at the rate of 7.5% per annum from the date of petition till the date of realisation.
(iv) The 2nd respondent/Insurance company is directed to deposit the award amount along with proportionate accrued interest and cost within a period of six weeks from the date of receipt of a copy of this order, less the amount, if any already deposited.
(v) On such deposit, the appellant/claimant is entitled to withdraw the same by filing necessary application before the Tribunal. As per order passed in CMP.No.6667 of 2018 in CMA.SR.28046 of 2018, the appellant/claimant shall forego interest for the delay of 98 days in filing CMA.
(vi) No costs. The appellant shall pay necessary additional court fee before obtaining copy of the decree.
-s/dAssistant Registrar(CS-IV) True Copy Sub-Assistant Registrar nvsri To 1.The Motor Accident Claims Tribunal, Principal District Judge, Cuddalore.
2.The Section Officer, V.R.Section, High Court, Madras.
+2 Ccs to Mr.A.N. Viswanatha Rao, Advocate sr 45422. +1 CC to Mr.S. Dhakshanamurthy, Advocate sr 45971.
SP(14/09/2018)
3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be altered considering the evidence of income and age of the deceased.
Whether the appellant is entitled for future prospects and conventional heads of compensation.
Whether the quantum of the award should be enhanced.
Colour shows how this judgement treated each authority
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Sarla Verma Vs. Delhi Transport Corporation
National Insurance Co. Ltd., Vs. Pranay Sethi and OthersApplied¶41
National Insurance Co. Ltd., Vs. Pranay Sethi and Others
1 provisions across 1 enactments
V. Anjalai
M. Thangamariappan
Shriram General Insurance Co. Ltd.
S. Baskaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S. Baskaran
Parties & counsel
