High Court · 2025

C.M.A.(MD)No.1641 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRIC.M.A.(MD)No.1641 of 20241.Alamelumngai2.Saravanaprabu3.Rajeshwari4.Valli ... Appellants/ PetitionersVs.1.Vetrivelmurugan2.Samsudeen3.The National Assurance Co. Ltd., T.S.No.4132 East Main Road, 1st Floor, Pudukkottai District, Rep. by its Branch Manager ... Respondents /respondentsPRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the additional amount of award of compensation in various heads of the original petition, granted by the learned Motor Vehicle Accidents Claims Tribunal and Chief Judicial Magistrate, Sivagangai, through the common order passed in M.C.O.P.No.207/2018 dated 25.04.2019.1/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024For Appellant : Mr.P.SelvakamatchiFor R-1 : Mr.M.SolaisamyFor R-2 : Mr.S.Bharathy KannanFor R-3 : Mr.V.SakthivelJUDGMENT Challenging the quantum of the award passed by the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Sivagangai, made in M.C.O.P.No.207 of 2018 dated 25.04.2019, the claimants are before this Court.2.For the sake of convenience, the parties herein are referred to as per their ranking before the Tribunal.3.The claimants are the wife, children and mother of the deceased, namely, Pandi. The 1st respondent is the owner of the vehicle involved and the third respondent is the insurance company with which the 1st respondent vehicle was insured. On 02.05.2017 at about 5:30 PM, while the deceased was traveling in a Bolero van bearing registration No.TN 63 AE 6256 on Sivagangai to Thiruppathur road near 2/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024Aralikottai Arunachi Crasher, the driver of the said vehicle drove the vehicle in a rash and negligent manner and dashed against the lorry bearing registration No. TN 29 H 1129, as a result of which the passengers including the deceased Pandi travelling therein succumbed to serious injuries and were taken to Sivagangai Government Medical College Hospital where he was declared dead. The Madhagupatti Police Station registered a First Information Report in crime No.122/2017 U/S. 279, 337, 304(A) IPC. Seeking to compensate the death of the deceased Pandi his legal heirs have laid the M.C.O.P. before the learned Tribunal. 4.The learned Tribunal examined four witnesses on the side of the petitioners and marked Exhibit P1 to P12 and examined one witness on the side of the respondent and had marked Exhibit R1 to R3. On the basis of the arguments, evidence deposed and documents marked, the learned Tribunal came to a conclusion that the first respondent driver who drove the van did not possess a valid license at the time of the accident. As a result of which, the learned Tribunal had proceeded to award a compensation of Rs.12,15,750/- (Rupees Twelve Lakhs Fifteen Thousand Seven Hundred and Fifty only) adopting pay and recover method. Seeking to enhance the said award, the claimants are before 3/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024this Court. 5.The learned counsel for the appellant / claimants submitted that while calculating the award under the head loss of income, the learned Tribunal had taken the notional income of the deceased as Rs.7500/- (Rupees Seven Thousand and Five Hundred only) per month though he was a person who was a wholesale fish vendor who had the earning capacity of Rs.50,000/- (Rupees Fifty Thousand only) per month. In view of the same, he contended that the learned Tribunal ought to have fixed a higher amount of notional income and pressed for enhancing the same. He also pointed out that the learned Tribunal has awarded only a meagre amount of Rs.40,000/- (Rupees Forty Thousand only) towards loss of consortium and the same should also be enhanced and pressed for allowing the appeal. 6.Per contra, the learned counsel for the insurance company Mr.V.Sakthivel submitted that the deceased person is not a Government employee and the future prospectus of his income has been added by 30% which ought to have been only 25%. He also submitted that the notional income of the deceased as Rs.7500/- (Rupees Seven Thousand 4/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024and Five Hundred only) per month is reasonable and the same is need not be interferred. That apart, he pointed out that this appeal was filed during the year 2019 in C.M.P.(MD)No.12185 of 2019 in C.M.A.(MD)SR.No.85326 of 2019 to condone the delay of 113 days in preferring the appeal. During the SR stage the said C.M.P.(MD)No.12185 of 2019 was dismissed on 30.09.2021 and later the same was restored on 19.09.2024 and hence the insurance company is not entitled to pay the interest for this particular period and pressed for disposing of the CMA in terms of the same.7.Heard the learned counsels on either sides and carefully perused the materials available on record.8.This Court is of the considered view that the accident was of the year 2017, for the death of a person who died during 2017, it is needless to state that the notional income of Rs.7500/- (Rupees Seven Thousand and Five Hundred only) per month as arrived by the learned Tribunal is extremely low and this Court is inclined to enhance the same to Rs.14,000/- (Rupees Fourteen Thousand only) per month. The future prospectus for 30% would come to Rs.4200/-. The notional 5/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024income per month will be Rs.14,000 + Rs.4200 = Rs.18,200/- and if the same is calculated for a year, Rs.18,200 x 12 = Rs.2,18,400/-. The multiplier for the age of 47 is 13 and if we multiply his yearly income with 13 it comes to Rs.2,18,400/- x 13 = Rs.28,39,200/-.For which 1/4 has to be deducted towards personal expenses Rs.28,39,200 /----------------- = Rs.7,09,800/-4Hence, the total loss of income = Rs.28,39,200/- - Rs.7,09,800 /- = Rs.21,29,400/-9.The learned Tribunal awarded a sum of Rs.40,000/- towards loss of consortium. However, considering the fact that the deceased is survived by a wife, 2 children and an aged mother, this Court awards a sum of Rs.40,000/- towards loss of parental consortium and Rs.40,000/- each towards loss of love and affection to the children.10.The learned Tribunal has passed the award adopting the principles of pay and recover and the same is hereby confirmed, since the owner of the vehicle has not challenged the same. It is made clear 6/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024that the claimants are not entilted for interest for the period from 30.09.2021 to 19.09.2024 during the period when the C.M.P. was dismissed and restored. 11.Pay and recovery can be implemented as per the judgment of the Hon'ble Supreme Court in the case of Oriental Insurance Company Ltd.,vs. Shri Nanjappan and others reported in 2004 (1) TN MAC 211 (SC) and the relevant portion of the same is extracted as follows:8.Therefore, while setting aside the judgment of the High Court we direct in terms of what has been stated in Bijit Kaur case that the insurer shall pay the quantum of compensation fixed by the Tribunal, about which there was no dispute raised, to the respondent claimants within three months from today. For the purpose of recovering the same from the insured, the insurer shall not be required to file a suit. It may initite a proceeding before the executing court concerned as if the dispute between the insurer and the owner was the subject-matter of determination before the Tribunal and the issue is decided against the owner and in favour of the 7/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024insurer. Before release of the amount to the claimants, owner of the vehicle shall be issued a notice and he shall be required to furnish security for the entire amount which the insurer will pay to the claimants. The offending vehicle shall be attached, as a part of the security. If necessity arises the executing court shall take assistance of the Regional Transport Authority concerned. The executing court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. In case there is any default it shall be open to the executing court to direct realization by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, the insured. The appeal is disposed of in the aforesaid terms, with no order as to costs.12.Considering all the above circumstances, the award passed by the Tribunal is modified as follows:8/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024S.No.DescriptionAmount awarded by the TribunalRs.Amount awarded by this CourtRs.Award confirmed or enhanced1.Loss of incomeRs.11,40,750/-Rs.21,29,400/-enhanced2.Loss of consortiumRs. 40,000/-Rs. 1,60,000/-enhanced3.Transport chargesRs. 5,000/-Rs. 5,000/-confirmed4.Funeral ExpensesRs. 15,000/-Rs. 15,000/-confirmed5.Loss of Life EstateRs. 15,000/-Rs. 15,000/-confirmedTotalRs.12,15,750/-Rs.23,24,400/-enhanced13.In the result, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the learned Tribunal at Rs.12,15,750/- (Rupees Twelve Lakhs Fifteen Thousand Seven Hundred and Fifty only) is hereby enhanced to Rs.23,24,400/- (Rupees Twenty Three Lakhs Twenty Four Thousand and Four Hundred only). 14.The Insurance Company / 3rd respondent is directed to deposit the enhanced compensation amount with accrued interest and costs to the credit of M.C.O.P.No.207/2018 on the file of the Motor Accidents Claims Tribunal and Chief Judicial Magistrate, Sivagangai, within a 9/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024period of eight weeks (8) from the date of receipt of copy of this judgment, less the amount, if any already deposited and thereafter, the Insurance Company / 3rd respondent is entitled to recover the same from the 1st respondent. On such deposit, the claimants are permitted to withdraw the said amount, less the amount, if any already withdrawn, by making necessary application before the Tribunal. The appellants are directed to pay necessary Court fee on the enhanced compensation, if any. No costs. 25.03.2025NCC : Yes / NoIndex : Yes / NoInternet : YesSmlToThe Motor Accident Claims Tribunal,Chief Judicial Magistrate, Sivagangai.Copy toThe Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.10/11 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1641 of 2024L.VICTORIA GOWRI, J., Sml C.M.A.(MD)No.1641 of 2024 25.03.202511/11