Partly allowed

Mallika v. N.S.V Engineering Works

Madras HC28 Nov 2024CMA/2058/2021

Case brief

AI extract

What is this about?

Claimants appealed for enhancement of compensation for a fatal pedestrian accident. The court raised notional income from Rs.8,000 to Rs.10,000 per month (no future prospects at age 68), deducted one-third personal expenses, applied multiplier 5 per Sarla Verma, added Rs.1,20,000 loss of love and affection, enhancing total compensation from Rs.3,50,000 to Rs.5,50,020 with 7.5% interest.

What did the court decide?

Compensation enhanced from Rs.3,50,000 to Rs.5,50,020; insurer to deposit within 4 weeks with 7.5% p.a. interest and transfer via RTGS to claimants.

Mallika Vs N.S.V Engineering Works — Motor Accident Claims | Madras HC (2024)

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CMA.No.2058 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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CMA.No.2058 of 2021

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Mallika

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S.Ilangovan

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Jayanthi

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S.Senthil Nambu ...Appellants

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Vs.

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N.S.V.Engineering Works, No.15/151, Trichy Road, (Opp. Sarguna Mills), Selvarajapruam, Chindamanipudur,

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(Since R1 remained exparte before the Tribunal his presence may be dispensed with)

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National Insurance Company Limited, (Motor Third Party Cell), No.751, Anna Salai, 3^rd Floor, Chennai – 600 002.

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...Respondents

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Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the award against the judgment and decree dated 03.11.2018 and made in M.A.C.T.O.P.No.6797 of 2015 on the file of the Motor Accident Claims Tribunal, The (Special Sub Court No.2, Motor Accidents Claims Petitions) Small Causes Court, Chennai.

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

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For Appellants : M/s.A.Subadra

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CMA.No.2058 of 2021

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For Respondents : Notice dispensed with vide V.P.Sr.2716 dated 06.01.2020

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Mrs.P.Sreevidhya for R2

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JUDGMENT

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Challenging the judgment and decree dated 03.11.2018 passed in M.A.C.T.O.P.No.6797 of 2015 on the file of the Motor Accident Claims Tribunal, The (Special Sub Court No.2, Motor Accidents Claims Petitions) Small Causes Court, Chennai, the claimants have filed the above appeal seeking enhancement of compensation.

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It is the case of the claimants that, on 20.06.2015 at about 15:00 hours, when the deceased was attempting to cross the pedestrian crossing at G.S.T.Road, near Singaperumal Koil Bus Stop, Kanchipuram District, at that time the Eicher Van bearing Regn.No.TN-37-CB-6018 belonging to the first respondent insured with the second respondent, driven by its driver in a rash and negligent manner dashed the deceased, due to which sustained grievous injuries and died on the spot. Thereby, the appellants, who are the dependents of the deceased filed a claim petition in

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

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CMA.No.2058 of 2021

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MCOP.No.6797 of 2015 claiming a compensation of Rs.15,00,000/-.

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3. Before the Tribunal, the claimants examined two witnesses viz.

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P.W.1 and P.W.2 and marked Exhibits P.1 to P.8 and the respondents have

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neither marked any exhibits nor examined any witnesses. After trial, t he Tribunal, on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place solely due to the rash and negligent driving on the part of the driver of the 1^st respondent van and awarded Rs.3,50,000/- towards compensation for the death of the deceased. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants/claimants have come up with this appeal seeking enhancement of compensation.

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Learned counsel for the appellants submitted that the above said accident happened solely due to the rash and negligent driving on the part of the driver of the 1 st respondent van and the accident is of the year 2015 and at the time of accident, the deceased was only aged about 68 years and was running a Tiffin Stall and was earning not less than a sum of Rs.15,000/- per month, however, the tribunal had taken the notional

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CMA.No.2058 of 2021

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income of the deceased as Rs.8,000/-, which is very meagre and the same is contrary to the ratio laid down by the Hon'ble Apex court in catena of decisions and thereby, the same has to be interfered with. Further, the compensation awarded under other heads are also on the lower side and the same needs to be enhanced. Accordingly, he prayed for appropriate orders.

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Per contra, the learned counsel appearing on behalf of the 2^nd respondent-Insurance Company contended that, by considering all the relevant documents, the Tribunal has rightly awarded the compensation, which does not require any enhancement. Accordingly, she prays for dismissal of the appeal.

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This Court has carefully considered the submissions made by the learned counsel on either side and perused the materials available on record.

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The factum and manner of the accident is not disputed by the parties and the parties have not raised any issue on the aspect of

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negligence and therefore, this Court is not venturing into the same.

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Insofar as the quantum of compensation fixed by the tribunal is concerned, the accident is of the year 2015 and at the time of accident, the deceased was aged about 68 years and she was running a Tiffin Stall, however, the Tribunal had fixed the notional monthly income at Rs.8,000/-, which is on the lower side. Applying the ratio laid down by the Hon'ble Supreme Court in the case of Syed Sadiq Vs. United India Insurance Company reported in 2014 (1) TANMAC 459, a nd also considering the age of the deceased as also the claimants , fixing a notional income of Rs.10,000/- and since the deceased was aged about 68 years, she is not entitled for future prospects. As has been held by the Constitution Bench in the case of National Insurance Company Limited Vs. Pranay sethi and others reported in 2017 (16) Supreme Court Cases 680, the income per month is quantified at Rs.10,000/-. Deducting 1/3^rd towards the personal expenses of the deceased, the loss of income to the family is arrived at Rs.6,667/- per month (Rs.10,000/- - Rs.3333/-)and

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the deceased being aged about 68 years, as evidenced from the records, adopting the multiplier of 5 as fixed by the Apex Court in the case of

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

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CMA.No.2058 of 2021

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Sarla Verma and Ors. v. DTC & Ors. reported in (2009) 6 SCC 121 , the loss of income to the family is arrived at Rs.6,667/- * 12 * 5 = Rs.4,00,020/-.

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No amount has been awarded by the Tribunal under the head loss of love and affection, hence this Court grants a sum of Rs.30,000/- to each dependents in total a sum of Rs.1,20,000/- (4 * Rs.30,000/-) is granted to all the appellants. Insofar as the compensation awarded under the other heads are concerned, this Court is of the view that the compensation awarded under other heads are just and reasonable and the same does not requires interference of this Court.

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In the above circumstances, the compensation awarded by the Tribunal is modified as under :-

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*Heads*	*Amount awarded* *by the Tribunal* *(Rs.)*	*Modified Award* *Amount* *(Rs.)*
Loss of dependency	3,20,000/-	4,00,020/- (enhanced)
Loss of love and	-	1,20,000/-
affection		(awarded)
Loss of estate	15,000/-	15,000/-

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CMA.No.2058 of 2021

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*Heads*	*Amount awarded* *by the Tribunal*	*Modified Award* *Amount*
	*(Rs.)*	*(Rs.)*
Loss of funeral	15,000/-	15,000/-
expenses
Total	3,50,000/-	5,50,020/-

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Accordingly, this Civil Miscellaneous Appeal stands allowed in

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part and t he impugned award passed by the Tribunal in MCOP.No.6797 of 2015 is modified by enhancing the compensation amount from Rs.3,50,000/- to Rs.5,50,020/- . The 2 nd respondent Insurance is directed to deposit the said amount to the credit of MCOP.No.6797 of 2015 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of four (4) weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the appellants/claimants through RTGS within a period of two weeks thereafter , upon production of proof with regard to payment of Court fee on the enhanced compensation. It is underscored that the appellants are not entitled to any interest for the default period, if any. The compensation awarded by this Court shall be apportioned among the

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CMA.No.2058 of 2021

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appellants equally, with proportionate interest and costs. N o costs.

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28.11.2024 rap NCC : Yes/No Index : Yes/No Speaking Order : Yes/No

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To:

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