Partly allowed

Panjalai v. K. Arul

Madras HC20 Dec 2023CMA/1063/2022

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded for the fatal injury of a 70-year-old dhobi from Rs.3,35,000 to Rs.5,10,500. The Court increased the notional monthly income to Rs.6,500, updated the rate for loss of love and affection to Rs.44,000 per head, and added a new head for loss of estate.

What did the court decide?

Compensation enhanced from Rs.3,35,000 to Rs.5,10,500 with interest; second respondent ordered to deposit the amount within six weeks.

Panjalai Vs K. Arul — Motor Accident Claims | Madras HC (2023)

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C.M.A No.1063 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.12.2023

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CORAM

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MR.JUSTICE N.SESHASAYEE

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C.M.A.No.1063 of 2022

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1.Panjalai 2.Venkadesan 3.Manivel 4.Alamelu ... Appellants Vs.

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1.K.Arul

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2.United India Insurance Company Ltd., Divisional Office, Aurobindo Road, Block-19, Neyveli - 3.

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... Respondents

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Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Acct, 1988, seeking to enhance the award passed by the Tribunal in MCOP.No.400 of 2019 dated 20.09.2021.

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For Appellants : Mr.S.Udhayakumar For Respondents : M/s.R.Rathna Thara for R2

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https://www.mhc.tn.gov.in/judis

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C.M.A No.1063 of 2022

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JUDGMENT

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On 27.09.2019, a 70 year old Kannan, a dhobi by avocation, was fatally knocked down by an ambulance bearing No.TN 31 BJ 7246. Seeking compensation, his four dependants approached the Tribunal in MCOP.No.400 of 2019. The Tribunal had reckoned the monthly income of the victim notionally at Rs.6,000/-, applied 5 as a multiplier and arrived at Rs.2,70,000/- as compensation for loss of dependency. After adding other conventional heads of compensation, it awarded Rs.3,35,000/- and the breakup is as below:

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Sl. No.	Description	Tribunal
1.	Loss of income	2,70,000
2.	Loss of consortium	40,000
3.	Funeral expenses	15,000
4.	Transport expenses	10,000
	Total	3,35,000

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2.Since the appellants preferred this appeal challenging the quantum awarded by the Tribunal, this Court considers that notice to the first respondent is not necessary.

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https://www.mhc.tn.gov.in/judis

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C.M.A No.1063 of 2022

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3.Aggrieved by the perceived inadequacy of the compensation awarded,

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the claimants are now before the Court seeking enhancement.

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4.Heard Mr.S.Udhayakumar, learned counsel for the appellants, and M/s.R.Rathna Thara, learned counsel appearing for the second respondent.

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5.This Court weighed the rival submission, and it finds that the notional income can only be marginally increased from Rs.6,000/- to Rs.6,500/-, and applying 5 as a multiplier, deducting 1/4 towards his personal expenditure, the compensation under the head 'loss of dependency' is arrived at Rs.2,92,500/-. So far as other heads of compensation is concerned, this Court considers that the Tribunal had awarded a meaningless Rs.10,000/- each as compensation for loss of love and affection, which is described as loss of consortium in the award of the Tribunal. Since the accident had taken place in 2019, the compensation of Rs.44,000/- per head may have to be awarded, and accordingly the claimants are entitled to Rs.1,76,000/- for loss of love and affection. The other conventional heads are also tinkered within the contours of law, https://www.mhc.tn.gov.in/judis 3/6

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C.M.A No.1063 of 2022

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and they are indicated as below:

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Sl. No	Description	Amount awarded by Tribunal (in Rs.)	Amount awarded by this Court (in Rs.)	Award confirmed or enhanced or granted
1.	Loss of income	2,70,000	2,92,500 (6,500 x 12 x 5)	enhanced
2.	Loss of love and affection	40,000	1,76,000 (44,000 x 4)	enhanced
3.	Funeral expenses	15,000	15,000	confirmed
4.	Transport expenses	10,000	12,000	enhanced
5.	Loss of estate	--	15,000	granted
	Total	3,35,000	5,10,500	enhanced by Rs.1,75,500/-

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6.In fine, this appeal stands partly allowed, and the compensation is

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enhanced from Rs.3,35,000/- to Rs.5,10,500/- . The second respondent is now required to deposit the entire compensation amount with interest at

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7.5% per annum from the date of the claim petition till the date of deposit, less any amount already deposited within a period of six (6) weeks from the date of receipt of a copy of this judgement. On such deposit being made, the appellants are permitted to withdraw the award https://www.mhc.tn.gov.in/judis 4/6

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C.M.A No.1063 of 2022

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amount, along with proportionate interest and costs as awarded by the Tribunal, less, the amount, if any already withdrawn. The appellants are directed to pay the necessary Court Fee, if any, on the enhanced award amount. No Costs.

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20.12.2023

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Anu Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

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To The III Additional District Court, Virudhachalam

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https://www.mhc.tn.gov.in/judis

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C.M.A No.1063 of 2022

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N.SESHASAYEE, J.

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Anu

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C.M.A.No.1063 of 2022

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20.12.2023

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https://www.mhc.tn.gov.in/judis

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Panjalai v. K. Arul

Case brief

What is this about?

What did the court decide?

Panjalai v. K. Arul

Case brief

What is this about?

What did the court decide?

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