In this civil miscellaneous appeal, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal in a motor vehicle accident case. The Court recalculated loss of dependency and loss of consortium based on the deceased's occupation and applicable precedents.
Compensation enhanced to Rs. 21,60,500 along with interest at 7.5% per annum.
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.
C.M.A. No. 1505 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
C.M.A. No. 1505 of 2021
Vs.
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 16.10.2020 passed in M.C.O.P. No. 820 of 2018 on the file of the Principal District Judge, Motor Accident Claims Tribunal, Perambalur.
For Appellant : M/s. C. Sangamithirai For R1 : None printed For R2 : M/s. M. Jayaraj
C.M.A. No. 1505 of 2021
JUDGMENT
This appeal has been filed by the claimants seeking enhancement of compensation awarded in M.C.O.P. No. 820 of 2018, dated 16.10.2020 on the file of the Prinicpal District Judge, Motor Accident Claims Tribunal, Perambalur, wherein the Tribunal has awarded a total compensation for a sum of Rs.13,57,000/- to the claimants along with the interest @ 7.5% per annum from the date of filing of claim petition till the date of realization.
C.M.A. No. 1505 of 2021
and driven by its driver in a rash and negligent manner dashed behind the two wheeler of the deceased, which resulted in accident. The deceased succumbed to grievous injuries on the spot. A criminal case in Cr. No.540 of 2018 U/s. 279 and 304(A) of IPC was registered against the driver of the
Eco Sport car on the file of Perambalur Police Station. For the loss of deceased Sureshkumar, the claimants have come forward with a claim petition against the respondents seeking compensation for a sum of Rs.35,00,000/- under section 140 and 166 of the Motor Vehicles Act.
C.M.A. No. 1505 of 2021
P.W.2 were examined and Exs.P.1 to P.9 were marked, on the side of the respondent, no witnesses were examined and no exhibits were marked.
seeking enhancement of compensation.
C.M.A. No. 1505 of 2021
submitted the the Tribunal has not properly fixed the notional income of the deceased and the compensation awarded under other heads is also on the
lower side. She has also appealled that the claimants have proved the avocation of the deceased that he is a lorry driver but, the Tribunal has fixed the notional income less than the norms followed by this Court for the accident cases taken place in the year 2018. Hence, prays to enhance the quantum of compensation under the head loss of income and also on the other heads.
company has submitted that the Tribunal has properly appreciated the evidence placed on record and awarded a just compensation, hence prays to confirm the award of the Tribunal.
C.M.A. No. 1505 of 2021
against this finding of the Tribunal and it has become final.
C.M.A. No. 1505 of 2021
deceased is aged about 50 years at the time of accident, hence, this Court
finds no infirmity in the above fixing of future prospectus and multiplier adopted by the Tribunal and confirms the same. Since, the claimants herein are five in numbers, deduction of one-fourth (1/4) from the deceased monthly income towards his personal and living expenses would be proper, hence after deduction, the total compensation under loss of dependency is assessed as follows:
Annual income (Rs.15,000/- x 12) = Rs.1,80,000/Future prospects @ 10% = Rs.18,000/Yearly income of the deceased = Rs.1,98,000/Yearly contribution to his family (deduction of 1/4) = Rs.1,48,500/Applicable Multiplier = 13 Total compensation (Rs.1,48,500/- x 13) = Rs.19,30,500/-
Insurance Co. Ltd., vs Nanu Ram [2018 ACJ 2018], all the claimants are entitled to loss of consortium, hence, this Court is inclined to award compensation for a sum of Rs.40,000/- each to the wife, children and parents of the deceased Sureshkumar under the head loss of consortium.
C.M.A. No. 1505 of 2021
estate and funeral expenses, the Tribunal has awarded Rs.15,000/- on each
heads and the same is in order.
| S. No |
Description | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
Award confirmed or enhanced or reduced |
|---|---|---|---|---|
| 1. | Loss of dependency | 12,87,000/- | 19,30,500/- | Enhanced |
| 2. | Loss of Estate | 15,000/- | 15,000/- | Confirmed |
| 3. | Loss of Consortium | 40,000/- | 2,00,000/- | Enhanced |
| 4. | Funeral Expenses | 15,000/- | 15,000/- | Confirmed |
| Total Compensation | 13,57,000/- | 21,60,500/- | Enhanced |
and the compensation awarded by the Tribunal at Rs.13,57,000/- is hereby enhanced to Rs.21,60,500/- [Rupees Twenty One Lakh Sixty Thousand and Five Hundred only] together along with interest at the rate of 7.5% per annum from the date of filing of Claim Petition till the date of realization of compensation amount, excluding the default period, if any. The respondent – insurance company is directed to deposit the amount awarded by this
C.M.A. No. 1505 of 2021
Court along with interest and costs, less the amount already deposited, if
any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P. No.820 of 2018 on the file of the Principle District Judge, Motor Accidents Claims Tribunal, Perambalur. On such deposit, the claimants/ appellants are permitted to withdraw the award amount now determined by this Court along with interest and costs, less the amount if any, already withdrawn, as per the apportionment fixed by the Tribunal. The Tribunal shall disburse the amount now awarded by this Court by directly giving credit to the Savings Bank Account of the claimants. Since this Court has enhanced the compensation, the appellants/claimants are directed to pay the necessary Court fee, if any, on the enhanced compensation. There shall be no order as to costs in the present appeal.
13.10.2023
stn Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No
K. RAJASEKAR, J.
stn
C.M.A. No. 1505 of 2021
To:
C.M.A. No. 1505 of 2021
13.10.2023
2 issues framed by the court
Whether the compensation awarded by the Tribunal was enhanced to reflect the deceased's notional income and future prospects.
Whether loss of consortium is awardable to all claimants including wife, children, and parents.
Colour shows how this judgement treated each authority
National Insurance Co. Ltd., vs. Pranay SethiExplained¶13
2017(2) TN MAC 609 (SC)
Sarla Verma and others Vs. Delhi Transport Corporation and anotherFollowed¶13
2009 ACJ 1298 SC
Magma General Insurance Co. Ltd., vs Nanu RamReferred¶14
[2018 ACJ 2018]
1 provisions across 1 enactments
Jothi
Minor Keerthana
Minor Kaviyapriya
Ramakrishnan
Pathmasani
S. Velmurugan
K. RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. RAJASEKAR
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