Fatal road accident claim appeal seeking enhancement of Tribunal's Rs.13,69,000/- award for a 27-year-old deceased rider. Court raised notional income to Rs.13,000/- with 40% future prospects, applied multiplier 17, adjusted non-pecuniary heads, enhancing total compensation to Rs.29,74,600/- with interest at 7.5% per annum.
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C.M.A.No.1346 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.1346 of 2022
Vs.
Prayer: The Civil Miscellaneous Appeal is filed under Section 166 of Motor Vehicles Act,1988, challenging the judgment and decree dated 04.04.2022 made in M.C.O.P.No.415 of 2020 on the file of the Motor Accident Claims Tribunal, Special District Judge, Salem.
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For Appellants : Ms.L.Manisha for Mr.S.P.Yuvaraj For Respondent No.1 : Mr.G.Arun Sekaran For Respondent : Ms.R.Sreevidhya No.2
C.M.A.No.1346 of 2022
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
The Civil Miscellaneous Appeal has been filed to enhance the compensation amount made in judgment and decree dated 04.04.2022 made in M.C.O.P.No.415 of 2020 on the file of the Motor Accident Claims Tribunal Special District Judge, Salem.
wheeler, due to which, the said Santhakumar died on the spot.
C.M.A.No.1346 of 2022
aged 27 years at the time of accident and was working as Power Loom Weaver and and he was also a priest in a temple and earning a sum of Rs.30,000/- per month. The claimants/legal representatives of the deceased have filed a claim petition before the Motor Accident Claims Tribunal claiming a sum of Rs.40,00,000/- as compensation. . The claim was disputed by the 2nd respondent/Insurance company.
C.M.A.No.1346 of 2022
Rs.8,000/- only including future prospects. He would further state that the Tribunal has not taken 40% future prospectus as per the Sarala Verma's case reported in 2009(2) TANMAC 1. Learned counsel would further state that the amount awarded under the head of love and affection to the appellants is also very low and further, no amount was awarded for loss of estate. Therefore, he would pray to enhance the compensation amount awarded by the Tribunal.
materials available on record that the deceased was 27 years at the time of accident. Though it was averred by the claimants that the deceased worked as a power loom weaver and a priest in a temple, there was no proof marked before the Tribunal for the same. However, the Tribunal has taken a sum of Rs.8,000/per month as notional income, which in our opinion is meagre and the same needs to be enhanced. Even if minimum amount of salary is fixed, a sum of Rs.13,000/- can be taken as a monthly salary. The wife, two minor children
https://www.mhc.tn.gov.in/judis Page 4/8
C.M.A.No.1346 of 2022
and the mother are the dependents of the deceased. Taking into consideration, the age of the deceased, the dependents of the deceased, the year of the accident and the income of the deceased, We are of the opinion that fixing the income of the deceased as Rs.13,000/- and adding 40% future prospects would be fair and proper. Hence, a sum of Rs.13,000/- per month is fixed as notional income of the deceased. Adding 40% for future prospects, the income of the deceased is fixed at Rs.18,200/- per month. Since there are 4 dependents, deducting 1/4th of the amount, it comes to Rs.13650/-. The age of the deceased is 27 years at the time of accident. Therefore, as per the ratio laid down by the Hon'ble Supreme Court in Sarala Verma and others vs. Delhi Transport Corporation and another (2009) 6 SCC 121) , applying the multiplier of 17, a sum of Rs.27,84,600/- (Rs.13650x12x17) is awarded for loss of income of the deceased.
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C.M.A.No.1346 of 2022
the head, loss of consortium. We find that the funeral expenses awarded by the Tribunal is on the higher side i.e, Rs.25,000/-. Therefore, We fix a sum of Rs.15,000/- towards funeral expenses. Thus, the compensation awarded by the Tribunal is modified as follows:
| S.No | Description | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
Award confirmed or enhanced or granted or reduced |
|---|---|---|---|---|
| 1. | Loss of income | 6000x12x17 =12,24,000 |
13650x12x17 =27,84,600 |
Enhanced |
| 2. | Loss of consortium |
40000 | Nil | reduced |
| 3. | Funeral expenses |
25,000 | 15,000 | reduced |
| 4. | Loss of love and affection |
80000 | 1,60,000 | enhanced |
| 5. | Loss of estate | Nil | 15,000 | Granted |
| Total | 13,69,000/- | 29,74,600 | Enhanced by Rs.16,05,600/- [Rs.29,74,600/- - Rs.13,69,000] |
10.In the result, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.13,69,000/- is hereby enhanced to Rs.29,74,600/- together with interest at the rate of 7.5% per annum from the
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C.M.A.No.1346 of 2022
date of petition till the date of deposit. The 1st appellant/wife is entitled to Rs.15,74,600/-. The appellants 2 & 3 are entitled to Rs.5,00,000/- each and the 4th appellant is entitled to Rs.4,00,000/-. The appellants are directed to pay the necessary Court fee if any, on the enhanced award amount. The respondents are jointly and severally directed to deposit the award amount now determined by this Court along with interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the 1st & 4th appellants are permitted to withdraw the proportionate share amount awarded by this Court along with interest and costs, less the amount if any, already withdrawn. Since the 2nd and 3rd appellants are minors, their proportionate share amount shall be invested in anyone of the Nationalized Bank until they attain majority and the 1st appellant being their mother and natural guardian is permitted to withdraw the interest accrued on the share of the minor appellants once in three months for the maintenance and welfare of the minors. No costs.
(J.N.B., J.) (R.S.V., J.) 04.11.2024
vsi
To
The Motor Accident Claims Tribunal, Special District Judge, Salem.
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C.M.A.No.1346 of 2022
J. NISHA BANU, J. and R.SAKTHIVEL, J.
vsi
C.M.A.No.1346 of 2022
04.11.2024
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2 issues framed by the court
Whether the notional monthly income of the deceased fixed by the Tribunal at Rs.8,000/- should be enhanced for computing compensation.
Whether the amounts awarded under heads of love and affection, loss of estate and funeral expenses require adjustment.
Colour shows how this judgement treated each authority
Sarala Verma and others vs. Delhi Transport Corporation and anotherApplied¶8
(2009) 6 SCC 121 · Who else cites this
1 provisions across 1 enactments
Divya W/o.Late Santhakumar
Minor.Bharanidharan S/o.Late Santhakumar
Minor.Iniyan S/o.Late Santhakumar
Maariyammal
Vasudevan
M/s.Cholamandalam MG General Insurance Co.Ltd.
J. Nisha Banu
R. Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
J. Nisha Banu and R. Sakthivel
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