Madras High CourtAmbika Devi vs M.Seetharaman on 19 April, 2020Author:C.SaravananBench:C.Saravanan1/8                                                      C.M.A.No.852 of 2020\n\n                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\n                                                  DATED : 19.04.2020\n\n                                                        CORAM\n\n                                     THE HON'BLE MR.JUSTICE C.SARAVANAN\n\n                                                 C.M.A.No.852 of 2020\n\n                                             (Through Video Conferencing)\n\n                   1.Ambika Devi\n                   2.C.Vishal (Minor)\n                   (minor 2nd appellant is rep.by his\n                   mother & next friend Ambika Devi)\n                   3.Pichammal\n                   (Minors rep.by their mother &\n                   Next friend , 1st appellant)                               ... Appellants\n\n                                                          vs.\n\n                   1.M.Seetharaman\n                   (1st respondent was set exparte\n                   before the Tribunal)\n                   2.Reliance General Insurance Co., Ltd.,\n                     Rai's Towers, Plot No.2054,\n                     2nd Avenue, 2nd Floor, Anna Nagar,\n                     Chennai 600 040.                                          .. Respondents\n\n\n\n                             Civil Miscellaneous Appeal filed underSection 173of Motor Vehicles\n\n                   Act, 1988 against the Judgment and decree dated 10.07.2019 made in\n\n\nhttps://www.mhc.tn.gov.in/judis/\n                   2/8                                                          C.M.A.No.852 of 2020\n\n                   M.C.O.P.No.2513 of 2014 on the file of the Motor Accidents Claims Tribunal,\n\n                   (Special Sub Judge No.1) Court of Small Causes, Chennai 104.\n\n\n\n\n                                     For Appellants          : M/s.C.Richard Suresh Kumar\n\n                                     For 2nd Respondent      : M/s.C.Bhuvana Sundari\n\n\n\n                                                      JUDGMENTThe claimants are the appellant in this appeal. The appellants seek for\n\n                   enhancement of the compensation awarded in the impugned Judgment and\n\n                   decretal order dated 19.01.2019 passed by the Motor Accident Claims Tribunal\n\n                   Chennai,(Special Sub Judge No.1) Court of Small Causes, Chennai 104 in\n\n                   M.C.O.P No.2513 of 2014.2. By the impugned Judgment and Decree, the Tribunal has awarded a\n\n                   sum of Rs.18,30,000/- together with interest at 7.5% per annum from the date of\n\n                   filing of the claim petition till the date of deposit, to the appellant/claimant. The\n\n                   Tribunal has awarded the aforesaid compensation under the following heads:-https://www.mhc.tn.gov.in/judis/3/8                                                               C.M.A.No.852 of 2020Amount awarded by the\n                                                                             Tribunal\n                                               Heads\n                             Loss of dependency(Rs.14,000 x12x1/3x15)              Rs. 16,80,000\n                             Loss of Consortium                                    Rs. 40,000\n                             Loss of Love and affection                            Rs. 75,000\n                             Loss of Estate                                        Rs. 15,000\n                             Transport charges                                     Rs.     5,000\n                             Funeral Expenses                                      Rs. 15,000\n                             Total                                                 Rs. 18,30,0003. Not being satisfied with the amounts awarded by the Tribunal, the\n\n                   appellants have filed the present appeal for enhancement of compensation.4. The brief facts of the case are that on 05.01.2014 at about 6.00 p.m.\n\n                   when the deceased Chandana Kumar was standing in the GNT Road, a insured\n\n                   van bearing Reg.No.TN.04.V.5143 belonging to the 1st respondent insured with\n\n                   the 2nd respondent was driven by its driver allegedly in a rash and negligent\n\n                   manner, knocked the said Chandana Kumar.                As a result of impact, the said\n\n                   Chandana kumar sustained grievous injuries and died in the hospital.5.   In this Civil Miscellaneous Appeal, the appellants seeks for\n\n                   enhancement of the compensation awarded on the ground that while awarding\nhttps://www.mhc.tn.gov.in/judis/4/8                                                        C.M.A.No.852 of 2020the aforesaid compensation of Rs.18,30,000/-, the Tribunal has taken the income\n\n                   of the deceased as Rs.10,000/- per month merely because the deceased was aged\n\n                   about 36 years at the time of death. The learned counsel for the\n\n                   appellants/claimants submits that though the deceased was aged about 36 years\n\n                   old, he was earning a sum of Rs.16,000/- per month and plus batta Rs.200/- per\n\n                   day.6. He further submits that the Tribunal ought to have considered the\n\n                   notional income of Rs.15,000/- p.m. in terms of the decision of the Division\n\n                   Bench of this Court reported in 2019(1) TNMAC 257. The learned counsel for\n\n                   the appellants submits that the Tribunal has awarded a sum of Rs.40,000/-\n\n                   towards loss of love and affection and only a sum of Rs.15,000/- towards loss of\n\n                   consortium are very meagre. Hence, prays for enhancement of compensation .7. Defending the impugned Judgment and decree, the learned counsel\n\n                   for the 2nd respondent submits that the Tribunal has awarded as just\n\n                   compensation and the decision of the Division Bench of this Court cited above.8. The learned counsel for the second respondent-Insurance Company\n\n                   further contended that the appellants have not produced any material evidence\nhttps://www.mhc.tn.gov.in/judis/5/8                                                             C.M.A.No.852 of 2020to prove either the avocation or the income of the deceased. In absence of any\n\n                   material evidence with regard to avocation and income, a sum of Rs.10,000/-\n\n                   per month fixed by the Tribunal as notional income of the deceased cannot be\n\n                   said to be meagre. He therefore, prayed for dismissal of the appeal with partial\n\n                   modification.9. I have considered the arguments of the learned counsel for the\n\n                   appellants and the learned counsel for the second respondent-Insurance\n\n                   Company and also perused all the materials available on record. The Tribunal\n\n                   considering the entire materials on record, has awarded a sum of Rs.18,30,000/-\n\n                   as compensation to the appellants, which is not meagre.10. The Tribunal has considered the notional income of the deceased as\n\n                   Rs.10,000/- p.m.            The deceased was working as a lorry driver at VSM\n\n                   Transport. It is reasonable to assume that the deceased would have earned\n\n                   atleast Rs.15,000/- p.m. as a driver driving heavy vehicle. However, in absence\n\n                   of any direct evidence to substantiate the same, this Court is inclined to consider\n\n                   the notional income of the deceased as Rs.13,500/- p.m. for the purpose of\n\n                   awarding compensation. Accordingly, the compensation awarded by the\n\n                   Tribunal is re-computed as follows:-https://www.mhc.tn.gov.in/judis/6/8                                                                     C.M.A.No.852 of 2020Calculation of Pecuniary loss of estate:-Notional income of the deceased :            Rs. 13,500/-Add : Future Prospect at 40%           :    Rs.       5,400/-\n                                                                  ------------------\n                                                              :    Rs. 18,900/-\n                   Deduction: Person Expenses 1/3rd           :    Rs .      6,300/-\n                                                                   -----------------\n                     Monthly contribution to the family :          Rs.    12,600/-\n                                                                  -------------------\n\n\n                       Annual contribution to the family(12600 x 12)               : Rs.1,51,200/-\n                             Age 36\n                         Multiplier 15 (1,51,200 x 15)                             : Rs.22,68,000/-\n\n\n\n\n                                                    Heads                      Re-quantified amount by\n                                                                                     this Court\n                                     Pecuniary loss of estate                            Rs.22,68,000/-\n                                     Loss of Consortium                                   Rs. 40,000/-\n                                     Loss of Love and Affection to the 2nd                Rs. 80,000/-\n                                   and 3rd appellant\n                                     Loss of estate                                      Rs. 15,000/-\n                                    Transport charges                                    Rs. 5,000/-\n                                    Funeral expenses                                     Rs. 15,000/-\n                                                     Total                               Rs.24,23,000/-11. The 2nd respondent-Insurance Company is therefore directed to\n\n                   deposit the enhanced award amount of compensation of Rs.24,23,000/- now\nhttps://www.mhc.tn.gov.in/judis/7/8                                                                         C.M.A.No.852 of 2020determined by this Court together with interest at 7.5% p.a. from the date of the\n\n                   claim petition till the date of deposit to the credit of M.C.O.P.No.2513 of 2014\n\n                   on the file of the Motor Accidents Claims Tribunal, (Special Sub Judge No.1)\n\n                   Court of Small Causes, Chennai 104, less any amount already deposited, within\n\n                   a period of six weeks from the date of receipt of a copy of this Judgment. The\n\n                   appellants are directed to pay necessary Court fee, if any, on the enhanced\n\n                   compensation.12. The aforesaid compensation of Rs.24,23,000/- is apportioned as\n\n                   follows:-Appellants       On the Loss of    Loss of consortium      Loss of estate/      Total\n                                          income                                   Transport/Funeral\n                                                                 / parental                          (Rs.24,23,000)\n                                                                                       Expenses\n                                          (Rs.22,68,000)        consortium\n\n                                                            / love and affection\n\n                       1st appellant      Rs. 10,18,000/-      Rs. 40,000/-        Rs.35,000/-       Rs.10,93,000/-2nd appellant      Rs. 10,00,000/-      Rs. 40,000/-              Nil          Rs.10,40,000/-\n                       3rd appellant      Rs. 2,50,000/-        Rs. 40,000/-             Nil          Rs. 2,90,000/-13. The 1st and 3rd appellants are permitted to withdraw their respective\n\n                   shares together with proportionate interest, less any amount already withdrawn,\n\n                   by filing suitable applications before the Tribunal.https://www.mhc.tn.gov.in/judis/8/8                                                               C.M.A.No.852 of 2020C.SARAVANAN, J.kkd14. The shares of the minor 2nd appellant shall be deposited by the\n\n                   Tribunal in anyone of the nationalised Banks under re-investment scheme till he\n\n                   attains majority.         The 1st appellant, who is the mother /guardian of the minor, is\n\n                   permitted to withdraw the accrued interest from the deposit of the minor once in\n\n                   three months directly from the said Bank. On attaining the age of majority, the\n\n                   2nd appellant may be permitted to withdraw his respective shares by filing\n\n                   suitable applications before the Tribunal.15. Accordingly, this civil miscellaneous appeal is partly allowed. No\n\n                   costs.19.04.2021\n                   Index : Yes/No\n                   Internet : Yes / No\n                   kkd\n                   To:The Motor Accident Claims Tribunal\n                   (Special Sub Judge No.1)\n                   Court of Small Causes, Chennai 104,C.M.A.No.852 of 2020https://www.mhc.tn.gov.in/judis/