The High Court enhanced the motor accident compensation awarded by the Tribunal from Rs.12,13,000 to Rs.29,26,000, fixing notional income at Rs.15,000/month and adopting multiplier 17. The cross-objectors' plea for enhancement was partly allowed, and the appeal dismissed.
Compensation enhanced from Rs.12,13,000 to Rs.29,26,000/- with 7.5% interest.
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.
CMA.No.1078 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1078 of 2023 & C.M.P. No.10274 of 2023 & Cros. Obj. No.44 of 2023
C.M.A. No.1078 of 2023
The District Registrar, Salem East, Residing at 27C, Ramasundaram Street, Salem District. ... Appellant
vs.
CROS. OBJ. NO.44 of 2023
... Cross Objectors Vs.
The District Registrar, Salem East,
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Residing at 27C, Ramasundaram Street, Salem District.
PRAYER in C.M.A. No.1078 of 2023: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 04.03.2023 in M.C.O.P.No.196 of 2022 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.
PRAYER in CROS.OBJ. No.44 of 2023
Cross objection filed under Order 41 Rule 22 of the Code of Civil Procedure against the Award dated 04.03.2023 in M.C.O.P.No.196 of 2022 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.
Appearance In C.M.A. No.1078 of 2023
For Appellant : Mr.B.Tamil Nidhi Government Advocate
For R1 to R3 : Mr.S.P.Yuaraj
Appearance in Cros. Obj. No. 44 of 2023
For Cross Objectors : Mr.S.P.Yuaraj For R1 : Mr.B.Tamil Nidhi Government Advocate
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COMMON JUDGMENT
The appellant in CMA No.1078 of 2023 is the District Registrar, Salem, while the Cross Objectors in Cros. Obj. No. 44 of 2023 are the claimants in M.C.O.P.196 of 2022 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.
Section 166 of the Motor Vehicles Act, seeking compensation of Rs.40,00,000/- for the death of one Sudharsan (husband of first claimant, father of second claimant and son of third claimant), in a road accident that took place on 07.08.2020.
3.1. On 07.08.2020, at about 6.10 p.m, Sudharsan (deceased)
was riding his two wheeler bearing Registration Number TN-77-L-7885 on Chennai – Salem Main Road. When he was nearing Udaiyapatti, a jeep bearing Registration Number TN-54-G-0028, belonging to the office of the District Registrar, Salem, hit the two wheeler, as a result of which,
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Sudharsan fell down and sustained injuries all over his body. He was immediately rushed to the Government Hospital, Salem. However he succumbed to injuries on the same day.
3.2. According to the claimants the rash and negligent driving
of the driver of the jeep bearing Registration Number TN-54-G-0028 was the cause of the accident and therefore, the District Registrar, Salem, is liable to pay compensation to them.
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appearing for the appellant in C.M.A. No.1078 of 2023 and Mr.S.P.Yuaraj, learned counsel for the respondents 1 to 3.
8. It is seen from the records that the deceased was working in a Garment Company at Tiruppur. According to the claimants, he was earning a sum of Rs.25,000/- per month. In the absence of income proof, t he Tribunal fixed the notional monthly income of the deceased as Rs.8,000/-. It is pertinent to point out that the accident took place in the year 2020 and in the facts and circumstances, this Court is of the opinion that fixing notional monthly income of the deceased at Rs.15,000/- would meet the ends of justice. As per the decision of the Supreme Court of India in National Insurance Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601 , 40% is added towards future prospects of the deceased.
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expenses.
Since there are three dependants 1/3 rd is deducted towards his personal
expenses. The deceased was aged 29 years on the date of accident and the
proper multiplier to be adopted in the instant case is 17 as per the decision
rendered in Sarla Verma and others vs. Delhi Transport Corporation
and another reported in (2009) 6 SCC 121.
Calculation
Notional Income = Rs.15,000/-
40% Future Prospects = Rs.21,000/-
After 1/3 deduction = Rs.14,000/-
Loss of dependency
= Rs.11,200/- x 12 x 17 = Rs.28,56,000/-
In addition to that the claimants are entitled to Rs.40,000/-, Rs.15,000/-
and Rs.15,000/- for Loss of Consortium, Loss of Estate and Funeral
Expenses respectively as per the decision in National Insurance Co. vs
Pranay sethi and others (cited supra). T hus, the claimants are entitled to a total compensation of Rs. 29,26,000 /- ( 28,56,000 + 40,000 + 15,000 +
15,000= 29,26,000 ) as shown in the following tabular column.
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| S.No. | Head | Amount granted by this court |
|---|---|---|
| 1. | Loss of dependency | Rs. 28,56,000/- |
| 2. | Loss of consortium (Rs.40,000/- x 2) |
Rs.40,000/- |
| 3. | Funeral expenses | Rs.15,000/- |
| 4. | Loss of Estate | Rs.15,000/- |
| Total | Rs. 29,26,000/- |
9. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.12,13,000 / - to Rs.29,26,000/- which would carry interest at the rate of 7.5% per annum.
10. It is seen from the records that the first claimant got separated from the deceased three or four months prior to the date of the
accident. Her evidence, in fact, shows that she has married another man and out of the said wedlock she has a child aged two years. Therefore, her
share in the total compensation is fixed as Rs.2,00,000/-. A sum of Rs.20,00,000/- shall be deposited in the name of the minor child Prabhas until he attains the age of majority in any one of the nationalized bank in India. The balance amount of Rs.7,26,000/- with costs and interest shall
be given to the third claimant who is taking care of the minor child.
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i.
11. In the result,
i. The appeal in C.M.A. No.1078 of 2023 is dismissed and the Cross Objection No.44 of 2023 is partly allowed. No costs. Consequently connected civil miscellaneous petition is closed.
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22.08.2024
Index : Yes/No
Speaking/Non-speaking order mtl
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To
2. The Section Officer, V.R. Section, Madras High Court, Chennai.
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CMA.No.1078 of 2023
R.HEMALATHA, J. mtl
C.M.A.No.1078 of 2023 & C.M.P. No.10274 of 2023 & Cros. Obj. No.44 of 2023
22.08.2024
2 issues framed by the court
What is the proper notional monthly income and multiplier to determine compensation for fatal accident?
How should compensation be apportioned among dependants including a minor and separated spouse?
Colour shows how this judgement treated each authority
National Insurance Co. vs Pranay Sethi and othersRelied on¶52
National Insurance Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601
Sarla Verma and others vs. Delhi Transport Corporation and anotherRelied on¶60
Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 · Who else cites this
2 provisions across 1 enactments
District Registrar, Salem East
Latha
Prabhas
Vijaya
Rajendran
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
