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2023 DIGILAW 2055 (MAD)

Cholamandalam MS General Insurance Company Limited, Chennai v. Bhavani

2023-06-13

D.BHARATHA CHAKRAVARTHY, J.NISHA BANU

body2023
JUDGMENT (Prayer in C.M.A.No.2989 of 2022: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P. No. 6530 of 2019, dated 10.08.2022, on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai. Cros.Obj.No.12 of 2023: Cross Appeal filed under Order XLI Rule 22 of CPC, for enhancement of compensation to a sum of Rs.2,00,000/- in its award dated 10.08.2022 made in MCOP No. 6530 of 2019 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.) Common Judgment: This Civil Miscellaneous Appeal is preferred by the Insurance Company aggrieved by the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Court of Small Causes, Chennai in M.C.O.P.No.6530 of 2019 dated 10.08.2022, wherein, a sum of Rs.32,14,000/- was awarded as total compensation to the claimants. 2. Cross Objection No.67 of 2014 has been filed under Order XLI Rule 22 of CPC seeking enhancement of the compensation granted by the award dated 10.08.2022 made in MCOP No. 6530 of 2019 on the file of the Motor Accidents Claims Tribunal, Court of Small Causes, Chennai. 3. Both the appeal and Cross Objection arise out of the same accident and hence, they are disposed of by this common judgment. 4. The parties are referred to as per their respective ranks in the present Civil Miscellaneous Appeal. 5. Heard Mr.M.B.Raghavan, learned counsel appearing for the appellant and Mr. P.C.Ramesh, learned counsel appearing for the respondents/claimants. 6. Learned counsel for the appellant would submit that even though in this case, the deceased is said to have been a driver, in the absence of proof of income and especially, the pleading of the claimants themselves that the salary will only be around Rs.5,000/- and rest of the amount will only be the batta, taking a sum of Rs.15,000/- is on the higher side and therefore, the notional income should be reduced atleast to the extent of Rs.12,000/-. 7. Per contra, the learned counsel appearing for the claimants would submit that the deceased was a driver and copy of a driving licence was marked as Ex.P7. The accident is of the year 2019 and therefore, taking into account, the salary of Rs.15,000/-p.m. during the said period is on the lower side. 7. Per contra, the learned counsel appearing for the claimants would submit that the deceased was a driver and copy of a driving licence was marked as Ex.P7. The accident is of the year 2019 and therefore, taking into account, the salary of Rs.15,000/-p.m. during the said period is on the lower side. Not being satisfied with the amount awarded by the Tribunal, the claimants have also filed the Cross Objection No.12 of 2023 for enhancement of compensation. 8. We have considered the rival submissions made by the learned counsel on either side and perused the materials available on record. 9. No proof of income has been furnished on behalf of the claimants. Considering the avocation of the deceased, especially, when he is a driver and the Tribunal has taken a sum of Rs.15,000/- as notional income, we are of the view that the same is reasonable. 10. As a matter of fact, the Division Bench of this Court in the case of Managing Director, Tamil Nadu State Transport Corporation vs. Neela and another (CDJ 2019 MHC 3304) (cited supra) has categorically laid down that considering the vagaries of the employment and the prevailing circumstances as of the year 2019, a sum of Rs.12,000/- is too low and the notional income of Rs.15,000/- per month will be appropriate. 11. In similar circumstances, we have also adopted the said reasoning in C.M.A.Nos.2210 & 2218 of 2021 dated 13.06.2023. 12. Considering the facts and circumstances of the case, we are of the view that the Tribunal has correctly taken a sum of Rs.15,000/- as notional income and has arrived at a compensation, which is just and reasonable. In the above circumstances, this Court is not inclined to interfere with the award passed by the Tribunal. 13. Accordingly, the award passed by the Tribunal is hereby confirmed in all aspects and the Civil Miscellaneous Appeal is dismissed. Consequently, Cross Objection filed by the claimants is also dismissed and connected miscellaneous petition is closed. No costs. The appellant-Insurance Company is directed to deposit the compensation awarded by the Tribunal, along with interest and costs, less the amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this Order, to the credit of M.C.O.P.No.6530 of 2019.