Partly allowed

P. Thamizhmani v. J. Vinoth Kumar

Madras HC14 Dec 2023CMA/3533/2021

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal for the death of a deceased in a road accident. The Court recalculated notional income using inflation indices, added future prospects, and reduced the awards for loss of love and affection as it is included in loss of consortium.

What did the court decide?

Compensation enhanced to Rs. 23,94,800/- along with 7.5% interest per annum. Respondent-Insurance Company directed to deposit the amount.

P. Thamizhmani Vs J. Vinoth Kumar — Motor Accident Claims | Madras HC (2023)

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C.M.A.No.3533 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.12.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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Civil Miscellaneous Appeal No.3533 of 2021

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P. Thamizhmani

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Minor Monika [Minor appellant represented by her mother, 1^st appellant herein]

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... Appellants/Petitioners

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Vs.

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J. Vinoth Kumar

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The Divisional Manager, United India Insurance Company Ltd., Door No.13A, Nethaji Road, Cuddalore 607 001. … Respondents/Respondents

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Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and Decree, dated 19.01.2016 made in M.C.O.P.No.369 of 2015 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Cuddalore.

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For Appellants : M/s. Ramya V. Rao For R2 : Mr. D. Baskaran

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https://www.mhc.tn.gov.in/judis 1/8

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C.M.A.No.3533 of 2021

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JUDGMENT

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This Civil Miscellaneous Appeal has been filed by the claimants

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seeking quantum of compensation awarded in M.C.O.P. No.369 of 2015, dated 09.01.2016 on the file of the Motor Accident Claims Tribunal, Principal District Court, Cuddalore.

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For the sake of convenience, the parties are referred to

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hereunder according to their litigative status and ranking before the Tribunal.

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The petitioners are the wife and minor children of the deceased Pandiyarajan @ Pandiyaraj @ Sathyaraj, who died in a road accident, dated 02.11.2014. The Claims Tribunal after accepting the claim petition filed by the claimants awarded compensation of Rs.9,90,000/- by invoking Section 166 of the Motor Vehicles Act.

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The only grievance raised in this appeal is that the notional income fixed for the deceased is not in accordance with the norms followed by this Court and eventhough the deceased herein viz., Pandiyarajan @ Pandiyaraj @ Sathyaraj is a checker and Cleaner at Radhi Meena Bus

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https://www.mhc.tn.gov.in/judis 2/8

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C.M.A.No.3533 of 2021

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Service, the notional income fixed by the Tribunal for awarding compensation needs to be enhanced.

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The learned counsel for the respondent has opposed for

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enhancement of compensation on the ground that the Tribunal after considering the evidences placed on record and since no income proof has been produced, the Tribunal has rightly fixed the quantum of compensation.

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I have considered the rival submissions made on both sides

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and also perused the records.

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It is true that the claimants were not able to prove the monthly income of the deceased by producing necessary documents in support the income of the deceased. The Tribunal has taken note of the evidence of P.W.1 that the deceased was working as Checker and Cleaner in Radhi Meena Bus Service, fixed the notional income of the deceased as Rs.6,000/- per month. This Court consistently following the Division Bench Judgment of this Court in Andal and others vs. Avinav Kannan and others [2019 (1) TN MAC 54 (DB)] by adopting the cost of index, fixed the

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https://www.mhc.tn.gov.in/judis 3/8

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C.M.A.No.3533 of 2021

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notional income of the person who were not able to prove the income. Admittedly, in this case, the deceased was aged about 28 years at the time of accident and was Checker and Cleaner, the income fixed as Rs.14,093/- and

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the same is calculated as follows:

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Date of accident = 02.11.2014 Cost of Inflation index = 240 (Financial Year 2014-

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Notional income of the deceased = (6500 x 240) / (129) (calculation based on the based year of 2008 and minimum wages) = Rs.12,093/- @ Rs.12,000/-

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The Tribunal has not awarded any amount towards future prospects and as per the Judgment of the Hon'ble Apex Court in National Insurance Co. Ltd., vs. Pranay Sethi and other [2017 (2) TN MAC 609 (SC) : 2017 (16) SCC 680] 40% future prospectus to be added. The Tribunal has rightly applied multiplier '17' as per the Judgment of the Hon'ble Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and others [2009 ACJ 1298 SC : 2009 (6) SCC 121] , by considering the age of the deceased is 28 years at the time of the accident. The dependants of the deceased are two in number hence deduction of 1/3^rd made towards his personal expenses. Hence loss of dependency is assessed

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https://www.mhc.tn.gov.in/judis 4/8

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C.M.A.No.3533 of 2021

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as follows:

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Annual income (Rs.12,000/- x 12) = Rs.1,44,000/add Future prospects @ 40% = Rs.57,600/Yearly income of the deceased = Rs.2,01,600/Yearly contribution to his family (deduction of 1/3 = Rs.67,200/-) = Rs.1,34,400/Applicable Multiplier '14' (Rs.1,63,822 x 14) Total Loss of dependency = Rs.22,84,800/-

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The Tribunal has also awarded Rs.50,000/- each separately

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under the head loss of love and affection and awarded a sum of Rs.50,000/under the head loss of consortium. As per the Hon’ble Apex Court in United

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India Insurance Co., Limited vs. Satinder Kaur and Ors. [MANU/SC/0500/2020 : (2021) 11 SCC 780] and Magma General Insurance Co. Ltd., vs. Nanu Ram [2018 ACJ 2018] , each claimants are entitled to get Rs.40,000/- under the head of loss of consortium, since loss of love and affection included in loss of consortium. The Tribunal has awarded a sum of Rs.25,000/- under the head funeral expenses and the same is reduced to Rs.15,000/-. The Tribunal has not awarded any amount for the head loss of estate and this Court is inclined to award a sum of Rs.15,000/under the head loss of estate.

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Thus the compensation awarded by the Tribunal under various

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https://www.mhc.tn.gov.in/judis 5/8

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C.M.A.No.3533 of 2021

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heads are hereby modified as follows:

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S. No	Description	Amount awarded by Tribunal (Rs)	Amount awarded by this Court (Rs)	Award confirmed or enhanced or granted
1.	Total loss of dependency	Rs.8,16,000/-	Rs.22,84,800/-	Enhanced
2.	Loss of Love and affection	Rs.1,00,000/-	---	Rejected
3.	Loss of Consortium	Rs.50,000/-	Rs.80,000/-	Enhanced
4.	Funeral Expenses	Rs.25,000/-	Rs.15,000/-	Reduced
5.	Loss of Estate	---	Rs.15,000/-	Awarded
	Total Compensation	Rs.9,91,000/- @ Rs.9,90,000/-	Rs.23,94,800/ -	Enhanced by Rs.14,04,800/ -

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In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.9,90,000/- is hereby enhanced to Rs.23,94,800/- [Rupees Twenty Three Lakhs Ninety Four Thousand and Eight Hundred only] along with interest at the rate of 7.5% per annum from the date of filing of Claim Petition till the date of deposit, excluding the default period, if any. The Second Respondent - Insurance Company is directed to deposit the amount now awarded by this 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

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https://www.mhc.tn.gov.in/judis 6/8

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C.M.A.No.3533 of 2021

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credit of M.C.O.P.No.369 of 2015 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Cuddalore. On such deposit, the 1^st appellant is 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 share amount of the 1^st claimant now awarded by this Court by directly giving credit to the Savings Bank Account of the 1^st claimant. The share of the minor appellant is directed to be deposited in any one of the Nationalized Bank till the minor appellant attains majority. On such deposit, the first appellant being the mother of the minor appellant is permitted to withdraw the accrued interest once in three months for the welfare of the minor appellant. 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.

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14.12.2023

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ssi Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No

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https://www.mhc.tn.gov.in/judis 7/8

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C.M.A.No.3533 of 2021

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K.RAJASEKAR,J.

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ssi