In this Motor Accident Claims Appeal, the High Court enhanced loss of dependency compensation by correcting the personal expense deduction from 50% to 1/3rd, aligning with Supreme Court precedents. Total award raised to Rs.11.15 lakhs.
Compensation enhanced from Rs.8,55,000 to Rs.11,15,000 with interest at 7.5% p.a. from date of claim petition till deposit.
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 : 22.12.2020
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
C.M.A.No.2150 of 2019
Vs.
PRAYER:- Civil Miscellaneous Appeal preferred under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 09.01.2019 made in MCOP.No.184 of 2017 on the file of the Motor Accident Claims Tribunal, III Additional District and Sessions Judge, Vridhachalam .
For Appellant : Mr. S. Udhayakumar For Respondents : Mr. J. Chandran, for R2
: Mr. R. Sivakumar,
For R1 and R3 : No Appearance
J U D G M E N T
Feeling unsatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, III Additional District and Sessions Court, Vridhachalam, in MCOP No.184 of 2017, dated 09.01.2019, the claimant is before this Court with this appeal seeking enhancement of compensation.
The deceased one Kolanji, is the mother of the first appellant/claimant. On 08.12.2016, while nine persons were traveling in the car belonging to the 3rd respondent , which was insured with the 4th respondent, towards Tirupathi, at about 11.30 p.m., at Edapalayam Road Junction, a lorry bearing registration No.TNF 9936, belonging to the first respondent, which was insured with the second respondent came in a rash and negligent manner and dashed against the car, and all 7 persons died, including the mother of the first appellant and mother-inlaw of the second appellant. According to the appellants, the deceased Kolanji was working as a cook and earning a sum of Rs.12,000/- per month. Hence, claiming a compensation of Rs.25 lakhs, the claim petition has been filed.
No.865 of 2016 under Sections 279, 337 and 304(A) of IPC, has also been registered against him. The accident has taken place due to the negligent driving of the driver of the lorry and there is no negligence on the part of the first respondent, driver of the car and ultimately, the respondents 3 and 4 are not liable to pay the compensation and they have also disputed the income of the deceased.
| Sl. No. |
Headings | Amount awarded by the Tribunal Rs. |
|
|---|---|---|---|
| 1 | Loss of | dependency | Rs.7,80,000/- |
| 2 | Loss Affecti |
of Love and on |
Rs.40,000/- |
| 3 | Loss of | estate | Rs.15,000/- |
| 4 | Funeral | expenses | Rs.15,000/- |
| 5 | Transpo | rtation expenses | Rs. 5,000/- |
| Total | Rs.8,55,000/- |
The Tribunal dismissed the claim petition as against the 2nd claimant since he is son-in-law of the deceased. Feeling not satisfied with the same, the claimants are before this Court with this Appeal.
| Sl. No. |
Headings | Amount Awarded by the Tribunal |
Amount awarded by this Court |
Award confirmed or enhanced |
|---|---|---|---|---|
| Rs. | ||||
| 1 | Loss of dependency | 7,80,000 | 10,40,000 | enhanced |
| 3 | Loss of love and affection |
40,00 0 |
40,0 00 |
confirmed |
| 3 | Loss of estate | 15,000 | 15,00 0 |
confirme d |
| 4 | Funeral expenses | 15,000 | 15,00 0 |
confirme d |
| 5 | Transportation Expenses |
5,00 0 |
5,0 00 |
confirmed |
| Total | 8,55,000 | 11,15,000 | enhanced |
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
mrp
To
The Motor Accidents Claims Tribunal, III Additional District and Sessions Court, Virudhachalam.
Copy to:
The Section Officer,
VR Section, High Court,Madras.
+1cc to Mr.R. Sivakumar , Advocate SR.No. 42851
+1cc to Mr.S. Udhayakumar , Advocate SR.No. 42549
+1cc to Mr.J.Chandran, Advocate SR.No. 43046
C.M.A.No.2150 of 2019
AK(CO) A.SK(01.10.2021)
2 issues framed by the court
Whether the 50% deduction for personal expenses of the deceased mother was correct or if only 1/3rd should be deducted as per Supreme Court precedent.
Whether the quantum of compensation awarded by the Tribunal for loss of dependency should be enhanced.
1 provisions across 1 enactments
VEERAN
VASUDEVAN
BHUVANESHWARI
ORIENTAL INSURANCE COMPANY LTD
BALAKRISHNAN
THE NEW INDIA ASSURANCE COMPANY LTD
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
