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2022 DIGILAW 2790 (MAD)

Kannammal v. Ramesh

2022-08-17

S.SOUNTHAR, V.M.VELUMANI

body2022
JUDGMENT (Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the order in M.C.O.P.No.829 of 2020, dated 01.04.2022 on the file of the Motor Accident Claims Tribunal, Special District Judge, Salem.) V.M. Velumani, J. 1. The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the Tribunal in the award dated 01.04.2022 made in M.C.O.P.No.829 of 2020 on the file of Motor Accident Claims Tribunal, Special District Judge, Salem. 2. The appellant is claimant in M.C.O.P.No.829 of 2020 on the file of Motor Accident Claims Tribunal, Special District Judge, Salem. She filed the said claim petition claiming a sum of Rs.25,00,000/- as compensation for the death of her son Maheswaran, who died in the accident that took place on 16.04.2018. 3. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the first respondent, who is the driver of bus belonging to the 2nd respondent/Transport Corporation and directed the 2nd respondent/Transport Corporation to pay a sum of Rs.10,65,000/- as compensation to the appellant. 4. Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation. 5. The learned counsel appearing for the appellant contended that the deceased was aged 29 years at the time of accident, he was a milk vendor and was earning a sum of Rs.12,500/- per month. The Tribunal without considering the same, fixed only a meagre sum of Rs.10,000/- per month (including 40% enhancement towards future prospects) as notional income of the deceased. The appellant is a widow mother of the deceased. The Tribunal has not awarded any amount towards loss of estate. The amounts awarded by the Tribunal under different heads are meagre and prayed for enhancement of compensation. 6. Per contra, the learned counsel appearing for the 2nd respondent/Transport Corporation contended that the appellant has not filed any document with regard to avocation and income of the deceased. In the absence of any material with regard to avocation and income of the deceased, the Tribunal fixed a sum of Rs.10,000/- per month (including 40% enhancement towards future prospects) as notional income of the deceased, which is excessive. The Tribunal after considering all the materials on record, awarded compensation, which is not meagre. In the absence of any material with regard to avocation and income of the deceased, the Tribunal fixed a sum of Rs.10,000/- per month (including 40% enhancement towards future prospects) as notional income of the deceased, which is excessive. The Tribunal after considering all the materials on record, awarded compensation, which is not meagre. The appellant has not made out any case for enhancement of compensation and prayed for dismissal of the appeal. 7. The 1st respondent remained exparte before the Tribunal and hence, notice to the 1st respondent is dispensed with. 8. Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the 2nd respondent/Transport Corporation and perused the entire materials available on record. 9. It is the contention of the appellant that the deceased was a milk vendor at the time of accident and was earning a sum of Rs.12,500/- per month. The appellant did not file any document to substantiate the said contention. The Tribunal in the absence of any evidence with regard to avocation and income of the deceased, fixed a sum of Rs.10,000/- per month including future prospects of 40% as notional income of the deceased. The notional income fixed by the Tribunal is meagre. The accident is of the year 2018. Considering the age, rise in cost of living and nature of work done by the deceased, a sum of Rs.13,000/- per month is fixed as notional income of the deceased. As per Ex.P9/Driving License, the deceased was aged 29 years at the time of accident. As per the judgment of the Hon'ble Apex Court reported in 2017 (2) TN MAC 609 (SC) [National Insurance Co. Ltd., Vs. Pranay Sethi and others], the appellant is entitled to 40% enhancement towards future prospects. The Tribunal, following the judgments of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC (Sarla Verma and others vs. Delhi Transport Corporation and another) has rightly applied multiplier 17'. The deceased died as bachelor and the Tribunal has rightly deducted 50% towards personal expenses. Thus, by fixing Rs.13,000/- as monthly income of the deceased, granting 40% enhancement towards future prospects, applying multiplier 17 and deducting 50% towards personal expenses of the deceased , the compensation awarded by the Tribunal towards loss of dependency is modified to Rs.18,56,400/- (Rs.13,000/- + 5200 [Rs.13,000/- X 40%] X 12 X 17 X 1/2). Thus, by fixing Rs.13,000/- as monthly income of the deceased, granting 40% enhancement towards future prospects, applying multiplier 17 and deducting 50% towards personal expenses of the deceased , the compensation awarded by the Tribunal towards loss of dependency is modified to Rs.18,56,400/- (Rs.13,000/- + 5200 [Rs.13,000/- X 40%] X 12 X 17 X 1/2). The appellant is mother of the deceased, who lost her son at the young stage. The appellant is entitled to Rs.40,000/- towards filial consortium. The amount granted for loss of love and affection is modified and granted towards filial consortium by enhancing from Rs.20,000/- to Rs.40,000/-. The Tribunal failed to award any amount towards loss of estate. The appellant is entitled to a sum of Rs.15,000/- towards Loss of Estate. The amount awarded by the Tribunal towards funeral expenses is excessive and hence, the same is reduced to Rs.15,000/-. Thus, the compensation awarded by the Tribunal is modified as follows: S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted or reduced 1. Loss of Income 10,20,000 18,56,400 Enhanced 2. Filial Consortium 20,000 40,000 Enhanced 3. Funeral Expenses 25,000 15,000 Reduced 4. Loss of Estate - 15,000 Granted Total 10,65,000 19,26,400 Enhanced by Rs.8,61,400/- 10. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.10,65,000/- is hereby enhanced to Rs.19,26,400/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The 2nd respondent/Transport Corporation is directed to deposit the award amount now determined by this Court along with interest and costs, less the amount already deposited, if any, within a period of twelve weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to withdraw the entire award amount now determined by this Court along with interest and costs, less the amount if any, already withdrawn. No costs. The learned counsel for the appellant is directed to pay the necessary court fee, if any on the enhanced award amount.