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2021 DIGILAW 108 (MAD)

Anjala v. S. Maheswaran

2021-01-07

R.SUBRAMANIAN

body2021
JUDGMENT : 1. The claimants, who are the wife and children of one Karunanithi, who died in a road accident that occurred on 01.12.2017 are on appeal, seeking enhancement of the compensation awarded by the Tribunal at Rs.15,75,000/-. 2. The factum of the accident, the death of Karunanithi and the fact that the accident occurred due to the negligence of the driver of the Eicher Van bearing Registration No. TN -37-BH-0199 insured with the second respondent /Insurance Company are not in dispute. 3. The Tribunal took the monthly income of the deceased at Rs.10,000/- and fixed the total loss of dependency at Rs.14,00,000/-. Conventional damages for loss of consortium, love and affection, loss of estate, Transport charges and funeral expenses were awarded at Rs.40,000/-; Rs.1,00,000/-, Rs.15,000/-, Rs.5,000/- and Rs.15,000/- respectively. The total non conventional damages awarded is Rs.1,75,000/-. While accepting the quantum of compensation awarded under the other heads, Mr.K.Varadhakamaraj, learned counsel appearing for the appellants would contend that the compensation awarded for loss of dependency is too low and the same is consequence of fixation of the notional monthly income at Rs.10,000/- by the Tribunal. 4. Contending contra, Mrs. S.R.Sumathy, learned counsel for the Insurance Company would submit that in the absence of any evidence regarding income and the deceased being a building supervisor, the employment being seasonal, the Tribunal was right in fixing the monthly income at Rs.10,000/-. 5. The deceased was aged about 45 years at the time of the accident. It is claimed that he was working as a building supervisor. Of course there is no evidence in support of such plea. Even assuming that the deceased was daily wage earner, considering the wages paid by the State PWD to Non Mustor Roll employees, which was fixed at Rs.600/- even in the year 2017, I am of the opinion that the monthly income can safely be taken at Rs.14,000/-. Since the deceased was aged about 45 years, the future prospects to be adopted is 25%. Therefore, the total monthly income including future prospects would be Rs.17,500/-. Deducting 1/3rd towards personal expenses and applying multiplier of 14', the total loss of dependency would be Rs.19,55,888/- which could be rounded to Rs.19,60,000/-. The compensation awarded under the other heads is confirmed. Therefore, the total compensation payable by the Insurance Company will be Rs.21,35,000/-. 6. In fine, this Civil Miscellaneous Appeal is partly allowed. No costs. Deducting 1/3rd towards personal expenses and applying multiplier of 14', the total loss of dependency would be Rs.19,55,888/- which could be rounded to Rs.19,60,000/-. The compensation awarded under the other heads is confirmed. Therefore, the total compensation payable by the Insurance Company will be Rs.21,35,000/-. 6. In fine, this Civil Miscellaneous Appeal is partly allowed. No costs. The total compensation is enhanced to Rs.21,35,000/-. The Insurance Company shall pay interest at 7.5% from the date of the petition till date of deposit on the enhanced compensation to the credit of M.C.O.P.No. 186 of 2018. 7. The Tribunal apportioned the compensation at Rs.5/- lakhs each to the daughter and Rs.5,75,000/- to the widow. The enhanced compensation is directed to be paid as follows. The first claimant/wife shall be entitled to a sum of Rs.2,75,000/- lakhs along with interest at 7.5% from the date of petition till date of deposit. The claimants 2 and 3 each will be entitled to Rs.1,50,000/- with interest at 7.5% from the date of petition till date of deposit. 8. The insurance Company shall deposit the enhanced compensation with appropriate interest within a period of six weeks from today. On such deposit, the claimants 1 & 2 / Appellants 1 & 2 would be entitled to withdraw their share of the enhanced compensation.. The share of the minor 3rd claimant shall be kept in a interest bearing cumulative fixed deposit in a Nationalised Bank till she attains majority.