Kala v. S. Rajendran
Case brief
What is this about?
The High Court allowed the appeal and enhanced the compensation awarded by the Motor Accident Claims Tribunal in a fatal accident case. The court recalculated the pecuniary loss, future prospects, and conventional heads, directing the insurer to pay the enhanced amount.
What did the court decide?
The award amount was enhanced to Rs.21,59,800/- with interest at 7.5% per annum. The menial claimants' shares are to be invested in a Fixed Deposit pending their majority.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.BASKARAN
C.M.A.No.871 of 2018
1.Kala
2.Avanthika (Minor)
3.Abimannan
4.Vairam
5.Hemaprasath (Minor)
Minors 2 nd and 5 th represented by their mother
and natural guardian, 1 st appellant
..Appellants/Claimants
Vs
1.S.Rajendran
2.M/s.United India Insurance Company Limited
B.O.AKM Tower, I Floor
397-1, Junction Road
Salem-636 004
Rep. By its Branch Manager ..Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, against the order and decree dated 22.10.2016 made
in M.C.O.P.No.447 of 2013 on the file of Motor Accident Claims
Tribunal, Principal District Court, Perambalur.
For appellants : : Mr.S.Kamadevan
For Respondents : : Mr.T.Ravichandran for R2.
R1- Set exparte before Tribunal.
J U D G M E N T
The Appellants are the Petitioners and fled the above appeal challenging the order and decree dated 22.10.2016 made in M.C.O.P.No.447 of 2013 on the file of Principal District Court, Perambalur.
- For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a fatal case. The case of the Petitioners is that on 23.01.2013 while the deceased Ponnusamy was riding his Motor cycle bearing Reg.No.TN-46-H-2867 in Thittakudi to Ariyalur Road, as he was going near Fishpond, at around 5 p.m., the 1st respondent Lorry bearing Reg.No.TN-30-AY-3499, insured with the 2nd respondent came in the opposite direction at high speed, dashed against the deceased vehicle causing him fatal injuries resulting in his death subsequently in the hospital. The accident occurred due to negligence of the 1st respondent vehicle driver only. The Petitioners, who are the wife, daughter and parents of the deceased were depending on the earnings of the deceased who was aged 29 years and earning Rs.20,000/- per month, by carrying on Hotel Business on his own. Due to his death, the Petitioners lost the bread winner of the family as well as love and affection of the deceased Ponnusamy. Thus the Petitioners seek a sum of Rs.25,00,000/- as compensation from the respondents.
Issues for consideration
3 issues framed by the court
Whether the notional monthly income of the deceased should be enhanced considering his hotel business and future prospects.
Whether the multiplier for computation of loss of income should be adjusted for future prospects as per Supreme Court rulings.
Whether the compensation amounts for loss of consortium and loss of love and affection be enhanced to meet the just and proper standard.
Parties & counsel
- petitioner
Kala
- petitioner
Avanthika (Minor)
- petitioner
Abimannan
- petitioner
Vairam
- petitioner
Hemaprasath (Minor)
- respondent
Case details
As recorded by the court registry
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