Devendran S/o. P. Krishnan v. P. Krishnan S/o. Perumal
2021-04-27
SATHI KUMAR SUKUMARA KURUP
body2021
DigiLaw.ai
JUDGMENT : (This case was heard through video conference) This Civil Miscellaneous Appeal has been filed by the appellants seeking enhancement of compensation granted by the Tribunal in the award dated 31.01.2012 in MCOP.No.180 of 2008 on the file of the learned Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai. 2. The brief facts regarding the claim petition which are relevant to the appeal are as follows: On 11.10.2007 at about 7.00 hours, while the mother of the claimants was proceeding as pillion rider on the motor cycle bearing Registration No. TN-07-M-7723 from Manjambakkam to Koyambedu near Manjambakkam Petrol Pump, the rider of the two wheeler lost his control and the vehicle fell into a road side ditch. In the impact, the pillion rider Mrs. K. Indira sustained head injuries and admitted to the DRJ Hospital. In the hospital, she did not respond to the treatment and died due to the injuries. The claimants are sons and daughter of the deceased Indira. The deceased was employed as a school teacher and was drawing a sum of Rs.5000/- per month in the Holy Faith Nursery and Primary School. The sons and daughter of the deceased Indira had claimed a sum of Rs.6,00,000/- as compensation for the death of their mother. 3. The second respondent had disputed the claim. Among other things, that no risk on the part of the Insurance Company commences under the premium of vehicle was paid in advance by the Insured. As such, the Insurance company is not liable to pay compensation. The insurer had not covered a higher risk by paying an additional premium to cover the risk of the pillion rider. Therefore, the second respondent/Insurance Company cannot be saddled with any liability. 4. After due enquiry, based on the assessment of evidence before the learned Tribunal, the learned Tribunal had passed the award for a sum of Rs.3,76,000/- as compensation. 5. Mr. Varadhakamaraj, the learned counsel for the appellant has submitted his arguments. As per his submissions, the Tribunal failed to consider the future prospects. The multiplier fixed by the Tribunal was 14 instead of 15 as the deceased was aged about 43 years on the date of death. Therefore, the award passed by the Tribunal was on the lower side. Also, other non-pecuniary head like, “loss of estate”, was not considered.
As per his submissions, the Tribunal failed to consider the future prospects. The multiplier fixed by the Tribunal was 14 instead of 15 as the deceased was aged about 43 years on the date of death. Therefore, the award passed by the Tribunal was on the lower side. Also, other non-pecuniary head like, “loss of estate”, was not considered. The Tribunal failed to consider the medical bills under Ex.P.4 and no amount was awarded towards “Medical Expenses”. Further, towards “Loss of love and affection” only Rs.10,000/- was awarded by the Tribunal instead of Rs.50,000/- claimed by the appellants. Therefore, the claimants had preferred this appeal on the ground that the award passed by the Tribunal was on the lower side. 6. The learned counsel for the Insurance Company earlier submitted his arguments. As per his submissions, the Tribunal had properly appreciated the evidence and awarded a reasonable amount. There is no need to interfere with the award passed by the Tribunal. Therefore, the appeal lacks merits and it has to be dismissed. 7. Points for consideration Whether the appellants/claimants are entitled to seek enhancement of compensation? 8. Perused the claim petition filed by the appellants/claimants before the learned Motor Accident Claims Tribunal in MCOP.No.180/2008, the counter filed by the second respondent/Insurance Company and the Judgment/Order passed by the learned Motor Accident Claims Tribunal and the Memorandum of appeal filed in this appeal. 9. On a perusal of the award passed by the Motor Accident Claims Tribunal, it is found that the deceased was working as a School Teacher and was paid a sum of Rs.5000/- per month which is reasonable. On the date of death, the deceased was aged 43 years. Therefore, towards future prospects, 25% of the income could be added as per the reported decision of the Hon'ble Supreme Court in “Pranay Sethi” case. Loss of Dependency is arrived at as follows: Future Prospects 5000 (Monthly income) x 25%(Future Prospects) = 1250 Future Prospects on addition of the income per month 5000+1250=6250 Annual Contribution 6250x12 = 75000 Towards Personal expenses 75000x1/3=25000 75000-25000=50000 Taking the multiplier as 14 for the age group 40 to 45 years Pecuniary Loss Rs.50000x14 Rs.7,00,000/- 10. No amount was awarded by the Tribunal under the heads like “Loss of Estate” and “Medical Expenses”.
No amount was awarded by the Tribunal under the heads like “Loss of Estate” and “Medical Expenses”. Therefore, this Court awards a sum of Rs.15000/- towards “Loss of Estate” and Rs.1,11,345/- towards “Medical expenses” as per the Discharge bills under Ex.P4 from DRJ Hospital. 11. The claimants are the sons and daughter of the deceased. They had lost their moral support during their life. Therefore, they are entitled to a reasonable compensation towards “loss of love and affection”. Hence this Court enhanced from Rs.30,000/- to Rs.75,000/- towards “Love and Affection”. This Court enhanced from Rs.10,000/- to Rs.15,000/- towards “Funeral Expenses. 12. The break-up details of the amounts awarded under various heads are as follows: Sl. No. Head under which the compensation is awarded Amounts awarded by the Tribunal Amounts awarded by this Court 1. Pecuniary Loss 3,36,000 7,00,000 2. Loss of Love and Affection 30,000 75,000 3. Loss of Estate - 15,000 4. For Funeral Expenses 10,000 15,000 5. Medical Expenses - 1,11,345 Total 3,76,000 9,16,345 13. The point for consideration is answered in favour of the appellants/claimants and against the second respondent/Insurance Company herein. 14. Accordingly, this Civil Miscellaneous Appeal is partly allowed. The second respondent/Insurance Company is directed to deposit the amount, which this Court determined in this appeal, to the credit of M.C.O.P.No.180 of 2008 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai, with accrued interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit along with costs, through RTGS or NEFT method as held by this Court in (The Oriental Insurance Company Limited, Kannur Vs. Rajesh and two others) 2016 (1) TN MAC 433, after adjusting the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the first claimant shall be entitled to withdraw a sum of Rs.3,00,000/- with accrued interest. Second claimant shall be entitled to withdraw a sum of Rs.3,00,000/- with accrued interest and third claimant shall be entitled to withdraw a sum of Rs.3,16,345/- with accrued interest. The appellants are directed to pay appropriate Court fees within a period of two months, failing which, they are not entitled to claim interest on the award amount. No costs.