IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.02.2017 CORAM THE HONOURABLE Mr.JUSTICE N.AUTHINATHAN C.M.A. No.141 of 2005
1. C.Indirani
2. C.Ramya (Minor)
3. C.Udayakumar (Minor) (Minors rep. by their Mother and guardian C.Indirani)
4. M.Sanjeevi
5. S.Muniyandi .. Appellants
Versus
1 B.Deenan
2 The New India Assurance Co. Ltd., Chennai 1. .. Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 to set aside the judgment and decree dated 18.03.2004, in M.C.O.P.No.4487 of 2001, on the file of Motor Accidents Claims Tribunal, IIIrd Fast Track Court, Chennai 1.
For Appellants : Mr.G.Udayasankar For 1st Respondent : Ex-Parte For 2nd Respondent : Mrs.R.Sreevidhya J U D G M E N T The claimants are the appellants herein. They have filed M.C.O.P.No.4487 of 2001, on the file of the Motor Accident Claims Tribunal, IIIrd Fast Track Court, Chennai 1, claiming compensation for the death of M.Chandran. This appeal has been preferred by the appellants / claimants for enhancement of compensation.
2. The 1st claimant / 1st appellant is the wife of the deceased.
The appellants 2 and 3 are the minor children of the deceased. The appellants 4 & 5 are the mother and father respectively of the deceased. The 1st respondent is the owner of the offending vehicle and the offending vehicle was insured with the 2nd respondent / Insurance Company.
3. The Tribunal has awarded a total compensation of Rs.6,12,000/- as against the total claim of Rs.15,00,000/-.
4. Ex.P9 is the salary slip of the deceased. It is seen from the salary certificate that at the time of the accident, the deceased was drawing a sum of Rs.4,694/- per month. The genuineness of the salary certificate is not disputed by the Insurance Company. In the absence of dependable evidence, the tribunal is not correct in ignoring the salary slip of the deceased. Hence, the monthly income of the deceased is fixed at Rs.4,694/-.
5. It is not in dispute that the deceased was aged 41 at the time of the accident. As per the decision in SARLA VERMA vs.
DELHI TRANSPORT CORPORATION [(2009) 6 SCC 121], 30% of
actual income has to be added, while computing future prospects of the deceased, then the monthly income comes to Rs.6,102/-. Admittedly, there are four dependants on the deceased. Hence, 1/4 share of his income has to be deducted from the monthly income. As the deceased was aged 41, the multiplier to be adopted would be 14. Thus, total loss of dependency comes to Rs.4,577 x 14 x 12 = Rs.7,68,936/-.
6. The Tribunal has awarded Rs.5,000/- under the head “Funeral Expenses”. It appears to be on the lower side and therefore, the same is enhanced to Rs.10,000/-. The Tribunal, awarded an amount of Rs.25,000/- under the head “loss of consortium” to the 1st claimant/ wife of the deceased. The wife has lost the companionship of the husband at the age of 34. The amount awarded under this head is very meagre, the same is enhanced to Rs.50,000/-. The minor children/ claimants 2 and 3, lost the guidance and support of their father at young age of 16 and 11. Therefore, under the head “loss of love and affection”, a sum of Rs.60,000/- is awarded. The Tribunal has omitted to award any compensation under the head of Transportation. This Court is inclined to award Rs.5,000/- under this head. The compensation of Rs.5,000/- awarded under the head 'damage to vehicle' is confirmed.
7. Taking all the above factors into consideration and having regard to the inflation factor, this Court is of the view that the compensation payable to the dependants has to be re-assessed as follows:-
8. In the result, the Civil Miscellaneous Appeal is allowed in part to the extent as mentioned above. The second respondent- Insurance Company is directed to deposit the enhanced award amount of Rs.8,98,936/- (Rupees Eight Lakhs Ninety Eight thousand Nine hundred and Thirty Six only) with interest @ 7.5% per annum and costs, less the statutory deposit, to the credit of M.C.O.P.No.4487 of 2001, on the file of Motor Accidents Claims Tribunal, IIIrd Fast Track Court, Chennai 1, within a period of six weeks from the date of receipt of a copy of this order. The appellants/claimants are permitted to withdraw the enhanced compensation amount awarded by this Court with proportionate interest less the amount already withdrawn, if any, by making necessary application before the Tribunal. There shall be no orders as to costs.
23.02.2017
Index : Yes / No Internet : Yes jv To
1. Motor Accidents Claims Tribunal, III Fast Track Court, Chennai 1.
2. The Section Officer, V.R.Section, High Court, Madras.
N.AUTHINATHAN, J.
jv C.M.A. No.141 of 2005
23.02.2017
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