As per the decision of the Supreme Court of India in National Insurance Co v. Pranay sethi and others reported in

CMA.No.1504 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01.10.2024CORAM:THE HONOURABLE MRS.JUSTICE R. HEMALATHAC.M.A.No.1504 of 20231. Kolanjiammal2. Minor Malathika3. Minor Karthikadevi.... AppellantsMinors 2 & 3 represented by their Mother/Natural Guardian Kolanjiammal. vs.1. Nalan2. The Manager IFFCO TOKIO General Insurance Company Limited No.19/1, Puthur High Road Ramalinga Nagar, Woraiyur, Trichy 620 017 ... RespondentsPRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 06.02.2023 in M.C.O.P.102/2021 on the file of the Motor Accident Claims Tribunal, Principal District and Sessions Court, Ariyalur. For Appellants: Mr. P. Parthi Kannan R1: No appearanceFor R2: Mr. J. Michael Visuvasam1/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023JUDGMENT The appellants are the claimants in M.C.O.P.102/2021 on the file of the Motor Accident Claims Tribunal, Ariyalur. They filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs.75,00,000/- for the death of one Manikandan (husband of the first claimant and father of claimants 2 and 3) in a road accident that occurred on 04.08.2021.2. The brief case of the appellants / claimants is as follows :2.1. On 04.08.2021 Manikandan (since deceased) was riding his Bajaj CD 100 two wheeler bearing Registration number TN-61-T -7615 on Sirukalathur-Periyakurichi Road. When he was nearing Sirukalathur, a speeding Hero Honda Splendor Plus motorcycle bearing Registration Number TN-61-B-1091, belonging to the first respondent, came in the opposite direction and hit the two wheeler driven by Manikandan as a result of which he fell down and sustained injuries all 2/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023over his body. He was immediately rushed to the Government Hospital, Ariyalur and was subsequently referred to Thanjavur Government Medical College Hospital. However, he succumbed to injuries on 05.08.2021. 3. According to the claimants, the rash and negligent driving of the driver of the Hero Honda Splendor Plus motorcycle bearing Registration Number TN-61-B-1091, was the cause of the accident and that since the said motorcycle was insured with the second respondent, the IFFCO TOKIO General Insurance Company Limited, Trichy, the owner and the insurer are jointly and severally liable to pay compensation to them.4. In the Tribunal the owner of the offending motorcycle remained absent and was set ex parte. The second respondent Insurance Company resisted the claim petition on all the grounds available to the insurer under Section 170 of the Motor Vehicles Act.5. The Tribunal after analysing the evidence on record fastened negligence on the part of the rider of the motorcycle bearing Registration 3/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023Number TN-61-B-1091 and the deceased in the ratio 85:15, and directed the second respondent, insurer of the said motorcycle, to pay compensation of Rs.12,79,250/- (85% on the total compensation of Rs.15,05,000/-) to the claimants together with interest at the rate of 7.5% per annum from the date of petition till the date of realisation. The Tribunal also held that the liability of the Insurance Company and the owner of the motorcycle is joint and several.6. Aggrieved over the quantum of compensation awarded by the Tribunal, the claimants have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.7. Heard Mr. P. Parthi Kannan, learned counsel appearing for the appellants and Mr. J. Michael Visuvasam, learned counsel appearing for the second respondent Insurance Company. 8. Mr. P. Parthi Kannan, learned counsel appearing for the appellants contended that the Tribunal has not awarded just compensation and also fastened contributory negligence on the part of the 4/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023deceased to an extent of 15% even though it had come to a conclusion that the rider of the two wheeler bearing Registration Number TN-61-B-1091 was responsible for the accident. He therefore prayed for enhancement of compensation and to set aside the contributory negligence of 15% fixed by the Tribunal on the part of the deceased.9. Per contra, Mr. J. Michael Visuvasam, learned counsel appearing for the second respondent/Insurance Company contended that the Tribunal, after properly appreciating the evidence on record, had fastened contributory negligence on the part of the deceased to an extent of 15% and awarded just compensation and therefore,the same need not be disturbed in the present appeal. Negligence10. A perusal of the records shows that the accident took place on Sirukalathur-Periyakurichi Road and there was a head on collision. Though the manner of accident shows that the vehicle bearing Registration Number TN-61-B-1091 was responsible for the accident, the deceased was also rash and negligent in riding his two wheeler. He did not also 5/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023possess a valid driving license. In the circumstances, the negligence on the part of the offending vehicle and the deceased is fixed in the ratio 90:10. Quantum10.1. According to the claimants, the deceased was a Construction worker earning a sum of Rs.30,000/- per month. In the absence of satisfactory income proof, the Tribunal fixed the notional monthly income of the deceased as Rs.7,500/-. Considering the year of accident and the age of the deceased, this Court fixes the notional monthly income of the deceased as Rs.17,000/-. As per the decision of the Supreme Court of India in National Insurance Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601, 40% is added towards future prospects of the deceased. Since the deceased had three dependents, 1/3 is deducted towards his personal expenses. The proper multiplier to be adopted in the instant case is 17 as per the decision rendered in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121.CalculationNotional Income = Rs.17,000/-6/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 202340% Future Prospects = Rs.23,800/-After 1/3 deduction = Rs.15,866/-Loss of dependency = Rs.15,866/- x 12 x 17= Rs.32,36,664/-In addition to that the claimants are entitled to Rs.1,32,000/- (44,000 x 3), Rs.16,500/- and Rs.16,500/- for 'loss of Consortium', 'loss of Estate' and 'Funeral Expenses' respectively as per the decision in National Insurance Co. vs Pranay sethi and others (cited supra). 10.2. The enhanced amount under the different heads are detailed hereunder: S.No.HeadAmount granted by this court (Rs.)1.Loss of dependency32,36,664/-2.Loss of consortium(Rs.44,000/- x 3)1,32,000/-3.Funeral expenses16,500/-4.Loss of Estate16,500/-Total34,01,664/-Less: 10% contributory negligence3,40,166/-30,61,498/-This amount shall carry interest at the rate of 7.5% per annum from the 7/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023date of claim petition till the date of deposit.11. In the result, i.The Civil Miscellaneous Appeal is partly allowed. No costs. ii.The compensation awarded by the Tribunal is enhanced to Rs.30,61,498/-.iii.The appellants / claimants are directed to pay court fee for the enhanced compensation amount, if any, within a period of four weeks from the date of this order and the Registry is directed to draft the decree only after receipt of the Court fee.iv.The second respondent, the IFFCO TOKIO General Insurance Company Limited, Trichy, is directed to deposit the enhanced compensation amount of Rs.30,61,498 /- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.C.O.P.102/2021 on the file of the Motor Accident Claims Tribunal, Principal District and Sessions Court, Ariyalur, within a 8/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023period of four weeks from the date of receipt of a copy of this order/uploading of this order. v.The enhanced compensation amount of Rs.30,61,498/- is apportioned to the claimants as follows:Kolanjiammal (first claimant)Rs.4,61,498/-with costs and interestMinor Malathika (second claimant)Rs.13,00,000/-Minor Karthikadevi (third claimant)Rs.13,00,000/-vi.On such deposit being made, the first claimant is at liberty to withdraw the same as per the apportionment made by this Court after filing proper petition for withdrawal. Since the claimants 2 and 3 are minors, their share may be deposited in anyone of the nationalised banks until they attain majority. 01.10.2024Index : Yes/No Speaking/Non-speaking orderbga9/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023To1. Motor Accident Claims Tribunal, Principal District and Sessions Court, Ariyalur.2. The Manager IFFCO TOKIO General Insurance Company Limited No.19/1, Puthur High Road Ramalinga Nagar, Woraiyur, Trichy 620 0173. The Section Officer, VR Section, Madras High Court, Chennai.10/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023R.HEMALATHA, J.bgaC.M.A.No.1504 of 202301.10.202411/11

CMA.No.1504 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01.10.2024CORAM:THE HONOURABLE MRS.JUSTICE R. HEMALATHAC.M.A.No.1504 of 20231. Kolanjiammal2. Minor Malathika3. Minor Karthikadevi.... AppellantsMinors 2 & 3 represented by their Mother/Natural Guardian Kolanjiammal. vs.1. Nalan2. The Manager IFFCO TOKIO General Insurance Company Limited No.19/1, Puthur High Road Ramalinga Nagar, Woraiyur, Trichy 620 017 ... RespondentsPRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 06.02.2023 in M.C.O.P.102/2021 on the file of the Motor Accident Claims Tribunal, Principal District and Sessions Court, Ariyalur. For Appellants: Mr. P. Parthi Kannan R1: No appearanceFor R2: Mr. J. Michael Visuvasam1/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023JUDGMENT The appellants are the claimants in M.C.O.P.102/2021 on the file of the Motor Accident Claims Tribunal, Ariyalur. They filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs.75,00,000/- for the death of one Manikandan (husband of the first claimant and father of claimants 2 and 3) in a road accident that occurred on 04.08.2021.2. The brief case of the appellants / claimants is as follows :2.1. On 04.08.2021 Manikandan (since deceased) was riding his Bajaj CD 100 two wheeler bearing Registration number TN-61-T -7615 on Sirukalathur-Periyakurichi Road. When he was nearing Sirukalathur, a speeding Hero Honda Splendor Plus motorcycle bearing Registration Number TN-61-B-1091, belonging to the first respondent, came in the opposite direction and hit the two wheeler driven by Manikandan as a result of which he fell down and sustained injuries all 2/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023over his body. He was immediately rushed to the Government Hospital, Ariyalur and was subsequently referred to Thanjavur Government Medical College Hospital. However, he succumbed to injuries on 05.08.2021. 3. According to the claimants, the rash and negligent driving of the driver of the Hero Honda Splendor Plus motorcycle bearing Registration Number TN-61-B-1091, was the cause of the accident and that since the said motorcycle was insured with the second respondent, the IFFCO TOKIO General Insurance Company Limited, Trichy, the owner and the insurer are jointly and severally liable to pay compensation to them.4. In the Tribunal the owner of the offending motorcycle remained absent and was set ex parte. The second respondent Insurance Company resisted the claim petition on all the grounds available to the insurer under Section 170 of the Motor Vehicles Act.5. The Tribunal after analysing the evidence on record fastened negligence on the part of the rider of the motorcycle bearing Registration 3/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023Number TN-61-B-1091 and the deceased in the ratio 85:15, and directed the second respondent, insurer of the said motorcycle, to pay compensation of Rs.12,79,250/- (85% on the total compensation of Rs.15,05,000/-) to the claimants together with interest at the rate of 7.5% per annum from the date of petition till the date of realisation. The Tribunal also held that the liability of the Insurance Company and the owner of the motorcycle is joint and several.6. Aggrieved over the quantum of compensation awarded by the Tribunal, the claimants have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.7. Heard Mr. P. Parthi Kannan, learned counsel appearing for the appellants and Mr. J. Michael Visuvasam, learned counsel appearing for the second respondent Insurance Company. 8. Mr. P. Parthi Kannan, learned counsel appearing for the appellants contended that the Tribunal has not awarded just compensation and also fastened contributory negligence on the part of the 4/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023deceased to an extent of 15% even though it had come to a conclusion that the rider of the two wheeler bearing Registration Number TN-61-B-1091 was responsible for the accident. He therefore prayed for enhancement of compensation and to set aside the contributory negligence of 15% fixed by the Tribunal on the part of the deceased.9. Per contra, Mr. J. Michael Visuvasam, learned counsel appearing for the second respondent/Insurance Company contended that the Tribunal, after properly appreciating the evidence on record, had fastened contributory negligence on the part of the deceased to an extent of 15% and awarded just compensation and therefore,the same need not be disturbed in the present appeal. Negligence10. A perusal of the records shows that the accident took place on Sirukalathur-Periyakurichi Road and there was a head on collision. Though the manner of accident shows that the vehicle bearing Registration Number TN-61-B-1091 was responsible for the accident, the deceased was also rash and negligent in riding his two wheeler. He did not also 5/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023possess a valid driving license. In the circumstances, the negligence on the part of the offending vehicle and the deceased is fixed in the ratio 90:10. Quantum10.1. According to the claimants, the deceased was a Construction worker earning a sum of Rs.30,000/- per month. In the absence of satisfactory income proof, the Tribunal fixed the notional monthly income of the deceased as Rs.7,500/-. Considering the year of accident and the age of the deceased, this Court fixes the notional monthly income of the deceased as Rs.17,000/-. As per the decision of the Supreme Court of India in National Insurance Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601, 40% is added towards future prospects of the deceased. Since the deceased had three dependents, 1/3 is deducted towards his personal expenses. The proper multiplier to be adopted in the instant case is 17 as per the decision rendered in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121.CalculationNotional Income = Rs.17,000/-6/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 202340% Future Prospects = Rs.23,800/-After 1/3 deduction = Rs.15,866/-Loss of dependency = Rs.15,866/- x 12 x 17= Rs.32,36,664/-In addition to that the claimants are entitled to Rs.1,32,000/- (44,000 x 3), Rs.16,500/- and Rs.16,500/- for 'loss of Consortium', 'loss of Estate' and 'Funeral Expenses' respectively as per the decision in National Insurance Co. vs Pranay sethi and others (cited supra). 10.2. The enhanced amount under the different heads are detailed hereunder: S.No.HeadAmount granted by this court (Rs.)1.Loss of dependency32,36,664/-2.Loss of consortium(Rs.44,000/- x 3)1,32,000/-3.Funeral expenses16,500/-4.Loss of Estate16,500/-Total34,01,664/-Less: 10% contributory negligence3,40,166/-30,61,498/-This amount shall carry interest at the rate of 7.5% per annum from the 7/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023date of claim petition till the date of deposit.11. In the result, i.The Civil Miscellaneous Appeal is partly allowed. No costs. ii.The compensation awarded by the Tribunal is enhanced to Rs.30,61,498/-.iii.The appellants / claimants are directed to pay court fee for the enhanced compensation amount, if any, within a period of four weeks from the date of this order and the Registry is directed to draft the decree only after receipt of the Court fee.iv.The second respondent, the IFFCO TOKIO General Insurance Company Limited, Trichy, is directed to deposit the enhanced compensation amount of Rs.30,61,498 /- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.C.O.P.102/2021 on the file of the Motor Accident Claims Tribunal, Principal District and Sessions Court, Ariyalur, within a 8/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023period of four weeks from the date of receipt of a copy of this order/uploading of this order. v.The enhanced compensation amount of Rs.30,61,498/- is apportioned to the claimants as follows:Kolanjiammal (first claimant)Rs.4,61,498/-with costs and interestMinor Malathika (second claimant)Rs.13,00,000/-Minor Karthikadevi (third claimant)Rs.13,00,000/-vi.On such deposit being made, the first claimant is at liberty to withdraw the same as per the apportionment made by this Court after filing proper petition for withdrawal. Since the claimants 2 and 3 are minors, their share may be deposited in anyone of the nationalised banks until they attain majority. 01.10.2024Index : Yes/No Speaking/Non-speaking orderbga9/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023To1. Motor Accident Claims Tribunal, Principal District and Sessions Court, Ariyalur.2. The Manager IFFCO TOKIO General Insurance Company Limited No.19/1, Puthur High Road Ramalinga Nagar, Woraiyur, Trichy 620 0173. The Section Officer, VR Section, Madras High Court, Chennai.10/11 https://www.mhc.tn.gov.in/judis CMA.No.1504 of 2023R.HEMALATHA, J.bgaC.M.A.No.1504 of 202301.10.202411/11