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2022 DIGILAW 1800 (MAD)

N. Renuga v. K. Divya

2022-06-29

R.THARANI

body2022
JUDGMENT (Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, to set aside the judgment and decree dated 27.01.2017 made in M.C.O.P.No.1492 of 2008 on the file of the Special Communal Clash Court and Motor Accident Claims Tribunal, Madurai, in so far as it relates to quantum of compensation and grant enhancement amount of compensation.) JUDGMENT 1. This appeal is filed against the order made in M.C.O.P.No.1492 of 2008 on the file of the Special Communal Clash Court, Madurai. The appellants are the claimants. The respondents are the respondent in main claim petition. 2. The brief substance of the claim petition is as follows: On 07.10.2007, at about 2 p.m., the deceased Natarajan was riding a two wheeler bearing registration No.TN 59 R 2424, along with Madurai to Srivilliputhur Road, near Alagapuri bridge. At that time, a bus bearing registration No.TN 58 B 8366, driven by the driver, in a rash and negligent manner, came from the opposite direction, dashed against the two wheeler. The deceased sustained injuries and he was taken to Srivilliputhur Government Hospital. Then, he took treatment at Madurai Rajaji Hospital and died succumbed to the injuries. 3. The petitioners are the dependents of the deceased. The deceased was aged about 29 years at the time of accident. He was running a mechanical shop and was earning Rs.10,000/- per month. The petitioners and the respondents 2 and 3 are the dependents. They claim Rs.10,00,000/- as compensation. 4. Brief substance of the counter filed by the second respondent is as follows: The driver of the bus drove the vehicle in a slow and cautious manner, observing the Road Rules. It was the rider of the two wheeler who came in a rash and negligent manner, dashed against the bus. The occurrence took place only due to the negligence of the rider of the two wheeler. The petitioners and respondents 3 and 4 are not the dependents of the deceased. The age, income and the profession of the deceased are to be proved. The sum claimed is excessive. 5. On the side of the petitioners, two witnesses were examined and 7 documents were marked. On the side of the respondents, no witness was examined and two documents were marked. The age, income and the profession of the deceased are to be proved. The sum claimed is excessive. 5. On the side of the petitioners, two witnesses were examined and 7 documents were marked. On the side of the respondents, no witness was examined and two documents were marked. The Tribunal awarded a sum of Rs.9,34,136/-(Rupees Nine Lakhs Thirty Four Thousand One Hundred and Thirty Six only) as compensation to be paid by the respondents 1 and 2. 6. Against the award, the claimants filed this appeal on the following grounds: (i) There are four dependants to the deceased. As per Sarlvarma Vs Delhi Transport Corporation and others reported in 2009(2) TNMAC 1 (SC), only 1/4 of the income has to be deducted for the personal expenses of the deceased. (ii)The Tribunal failed to add 40% towards future prospects. The third respondent died during the trial and her share to be awarded to the fourth respondent. The loss of future income and love and affection for the minor children are to be calculated as per the judgment reported in 2019 ACJ 2875 in CMA No.2200 of 2018. 7. It is seen that the Trial Court has fixed the monthly income as Rs. 6,500/- and deducted 1/3 of the income towards personal expenses. 8. On the side of the appellant, it is stated that the Tribunal failed to consider the number of dependants and since the number of the dependants are four, only 1/4 of the income has to be deducted. But the Tribunal deducted 1/3 and pray the deduction to be modified. 9. The respondent has no serious objection. 10. In view of the submission made by both the parties, it is decided that only 1/4 of the monthly income, is to be deducted from the income of the deceased. Notional income of the deceased was fixed by the Tribunal as Rs.6,500/- which is reasonable. After deducting 1/4 of the monthly income towards his own expenses, the deceased might have contributed Rs.4,875/- to his family. The age of the deceased is 29 years. Hence multiplier 17 is applicable. The claimants and the respondents 3 and 4 are entitled to a sum of Rs.9,94,500/- towards loss of income. The amount fixed by the Tribunal towards transport expenses(Rs.10,000/-), funeral expenses(Rs.20,000/-) and for love and affection(Rs.20,000/-) are reasonable. The age of the deceased is 29 years. Hence multiplier 17 is applicable. The claimants and the respondents 3 and 4 are entitled to a sum of Rs.9,94,500/- towards loss of income. The amount fixed by the Tribunal towards transport expenses(Rs.10,000/-), funeral expenses(Rs.20,000/-) and for love and affection(Rs.20,000/-) are reasonable. In view of the same, the claimants and the respondents 3 and 4 are entitled for a sum of Rs.10,44,500/- as compensation. It is stated that the third respondent was already dead and her share in the compensation to be awarded to the fourth respondent. 11. In view of the above submission, it is decided that the first appellant is entitled for a sum of Rs.3,00,000/- with proportionate interest and costs and the Appellants 2 and 3 are each entitled to Rs.3,00,000/- with proportionate interest. The fourth respondent is entitled to Rs.1,44,500/- with proportionate interest. 12. The Civil Miscellaneous Appeal is allowed in part. No costs. (i) The quantum of compensation awarded by the Tribunal is enhanced from Rs.Rs.9,34,136/- to Rs.10,44,500/- which shall carry interest at the rate of 7.5% per annum. (ii) The appellants/claimants are directed to pay the court fee for the enhanced compensation, if any, and the Registry is directed to draft the decree only after the payment of Court fee. (iii) The second respondent - the Oriental Insurance Company Limited, is directed to deposit the entire compensation of Rs.10,44,500/- (if not already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and with costs to the credit of M.C.O.P.No.1492 of 2008 on the file of the Special Communal Clash Court and Motor Accident Claims Tribunal, Madurai, within a period of eight weeks from the date of receipt of a copy of this order. (iv) On such deposit being made by the Oriental Insurance Company Limited, the first appellant and the fourth respondent are permitted to withdraw the entire award amount of Rs.3,00,000/- and Rs.1,44,500/- respectively, along with proportionate interest as apportioned above. (v) The entire share amount of Rs.3,00,000/- with proportionate interest each for the appellants 2 and 3/claimants (minors) are ordered to be deposited in any one of the nationalized bank until they attain majority and the first appellant/claimant is permitted to withdraw the interest directly from the bank, once in three months in order to maintain the minors.