Appeal against Motor Accident Claims Tribunal decree. Court enhanced compensation to Rs. 7,80,000 including interest on death of a coolie due to rash driving, reworking income and multiplier heads.
Compensation enhanced from Rs. 2,10,000 to Rs. 7,80,000 with interest @ 7.5% per annum from the date of petition till deposit.
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C.M.A.No.2513 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2022
C O R A M
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.2513 of 2013
3 Minor Chitra (Minors are represented by their next friend guardian and mother, Kaliyammal) .. Appellants
-Vs.-
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 07.03.2006 made in M.C.O.P.No.165 of 2005 on the file of the MACT/FTC-2 at Gobichettipalayam.
For Appellants : Mr. Ma.P.Thangavel For Respondents : Ms.R.T.Sundari [R2] R1 – Served-No Appearance
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JUDGMENT
The petitioners are the appellants herein seeking enhancement of the compensation granted to them by the Motor Accident Claims Tribunal, FTC Court No.II in M.C.O.P.No.165 of 2005 dated 07.03.2006.
Tribunal. The facts are briefly set out herein below:
The petitioners had filed the above O.P claiming compensation of a sum of Rs.6,00,000/- for the death of one Nanjan @ Pappanan, the husband of the first petitioner, the father of the appellants 2 and 3. It is their case that the said Nanjan @ Pappanan was employed as a night watchman/coolie and doing milk business and earning a sum of Rs.7,500/- from the aforesaid activities. They would submit that on 06.07.2004 at about 15.45 hours, when the deceased was walking on the Karamadai Road, Mettupalayam and as he neared the forest office, the first respondent, who is the driver of the second respondent's bus bearing Registration No.TN38 N 0950 came from the opposite direction. The vehicle was being driven in a rash and negligent manner by its driver and on account of the rash driving, it had dashed the
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deceased causing head injuries and injuries all over the body, later the said
Nanjan @ Pappanan succumbed to the injuries, while at the hospital.
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would earn between Rs.100 to Rs.150 per day or Rs.4,000 per month and they had adopted a sum of Rs.4,500/- as a monthly income.
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re-worked compensation would be as follows:-
| Heads | Amount by the Tribunal in Rs. |
Amount Awarded by this Court in Rs. |
|---|---|---|
| Loss of earnings | 1,60,000 | 6,30,000 |
| Loss of Consortium | 25,000 | 40,000 |
| Loss of love and affection | 20,000 | 80,000 |
| Funeral expenses | 5,000 | 15,000 |
| Loss of Estate | - | 15,000 |
| Total | 2,10,000 | 7,80,000 |
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such deposit being made, the claimants are permitted to withdraw the award
amount, along with accrued proportionate interest and costs as awarded by the Tribunal, less, the amount, if any already withdrawn, by filing necessary application before the Tribunal. The share of the minors shall be deposited in any one of the nationalized bank till they attain majority and the first petitioner shall be permitted to withdraw quarterly interest from the said amount. The claimants are directed to pay the Court fee for the enhanced compensation amount, if required. The Tribunal below shall not disburse the enhanced amount till such time as the certified copy showing proof of payment of Court fee has been produced by the claimants. In other respects, the Award of the Tribunal is hereby confirmed. There shall be no order as to costs in the present appeal.
27.09.2022
srn To
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P.T.ASHA, J.,
srn
C.M.A.No.2513 of 2013
27.09.2022
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3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal against the death of a deceased employed as a coolie should be enhanced.
Whether the nominee/dependents are entitled to loss of future earnings, loss of consortium, and loss of love and affection in the given circumstances.
Whether the total compensation and interest awarded need to be enhanced considering the inflation and judicial precedents.
Colour shows how this judgement treated each authority
Sri Ramachandrappa Vs. The Manager, Royal Sundaram, Alliance Insurance Company LimitedReferred¶30
2011(2) TNMAC 190(SC) [Sri Ramachandrappa Vs. The Manager, Royal Sundaram, Alliance Insurance Company Limited]
National Insurance Company Ltd. -vs- Pranay Sethi and OthersReferred¶35
(2017) 16 SCC 680 [National Insurance Company Ltd., -vs- Pranay Sethi and Others] · Who else cites this
Nutan Rani and Another Vs. Gurmail Singh and OthersApplied¶35
(2018) 17 SCC 109 [Nutan Rani and Another Vs. Gurmail Singh and Others] · Who else cites this
1 provisions across 1 enactments
Kaliyammal
Nagamani
Minor Chitra
Maranan
Tamil Nadu State Transport Corporation Ltd.
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
