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IN THE HIGH COURT OF MADRAS
Huluvadi G. Ramesh, K. Ravichandra Baabu, JJ.
S. Saraswathy – Appellant
Versus
A. Elumalai – Respondent
CMA No. 89 of 2014
Decided On : 20-04-2016
Fatal accident - Death - Seeking enhancement of the compensation - Deceased was driving car bearing Registration No. in East Coast road near opposite to, bus bearing Registration No. driven in a rash and negligent manner, hit against car, due to which, deceased sustained grievous injuries and died on spot - A case was registered against driver of bus - learned counsel for appellants/claimants submitted that deceased was a final year engineering student and he was getting income of more than year from other sources - He further submitted that if deceased had been employed after completion of his graduation, he would have earned income of more than - Tribunal without considering above aspects and also future prospects of deceased, has fixed Rs. 7,500/- towards income, which is on lower side and therefore same has to be enhanced - Further, he submitted that parents of deceased have also lost their only son and have been put to great mental turmoil and compensation awarded under head Love and Affection is also on lower side - Learned counsel appearing for Insurance Company relying on decision of Apex court reported in Radhakrishnan vs. Gokule, 2013 (2) TNMAC 724 (SC) contended that in similar circumstances, Apex Court has awarded - Therefore, compensation of 8,50,000/- awarded by the Tribunal is on higher side and prayed for reduction of compensation on all heads – Held, Court is also of the considered view that amount awarded under head Loss of Love and Affection to claimants, viz. parents of deceased is also on lower side - Claimants have lost their only son and their world would have been shattered on account of same - No amount of money can give solace to claimants as loss cannot be compensated - This Court, therefore, awards a sum to each claimant under head Loss of Love & Affection- In all, a sum is awarded under head Loss of Love & Affection - Price index in present day scenario has gone up and therefore, expenses that are shelved towards funeral are substantially high -As rightly pointed out by Supreme Court, funeral expenses does not mean fee paid in the crematorium or fee paid for use of space in cemetery - There are many other expenses in connection with funeral and, if deceased is a follower of any particular religion, there are several religious practices and conventions pursuant to death in a family - All those are quite expensive - Therefore, it will be just, fair and equitable, under head of funeral expenses, in absence of evidence to contrary for higher expenses to award at least an amount - In view of compensation, being enhanced by this court, Insurance Company/ second respondent is directed to deposit entire amount of compensation along with interest less amount already deposited if any within a period of eight weeks from date of receipt of a copy of this order - Civil Miscellaneous Appeal is allowed
Huluvadi G. Ramesh, J.
1. This appeal is filed by the claimants seeking enhancement of the compensation made in MCOP No. 474 of 2012, dated 05.10.2013 on the file of the learned Motor Accident Claims Tribunal (VI-Judge), Small Causes Court at Chennai.
2. It is a case of fatal accident. On 05.08.2011 at about 17.00 hours, while the deceased was driving the car bearing Registration No. TN-07-BF-9580 in East Coast road near Uthandi Pudu Koil opposite to Uthandi, the bus bearing Registration No. TN-21-AH-9532 driven in a rash and negligent manner, hit against the car, due to which, the deceased sustained grievous injuries and died on the spot. A case was registered against the driver of the bus.
3. The claimants being the legal heirs of the deceased filed a claim petition in MCOP No. 474 of 2012 seeking compensation of Rs. 50,00,000/-. In support of the claim, PWs. 1 to 3 were examined and Exhibits P.1 to P.21 were marked. On behalf of the respondents, neither any witness was examined nor any document was marked.
4. Based on the oral and documentary evidence, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:-
| S. No. | Head | Amount granted by the Tribunal |
| 1. | Loss of Dependency | Rs. 8,10,000/- |
| 2. | Loss of Love and Affection | Rs. 25,000/- |
| 3. | Funeral Expenses | Rs. 10,000/- |
| 4. | Transport to Hospital | Rs. 5,000/- |
|
| Total | Rs. 8,50,000/- |
5. Insofar as the issue regarding negligence is concerned, there is no dispute and therefore, the finding of the Tribunal on the question of negligence is confirmed. While the insurer has not preferred any appeal questioning the compensation awarded, the appellants herein, who are the claimants are aggrieved only with regard to the quantum of compensation awarded by the Tribunal.
6. The learned counsel for the appellants/claimants submitted that the deceased was a final year engineering student and he was getting income of more than Rs. 1,00,000/- per year from other sources. He further submitted that if the deceased had been employed after completion of his graduation, he would have earned income of more than Rs. 30,000/- per month. The Tribunal without considering the above aspects and also the future prospects of the deceased, has fixed Rs. 7,500/- towards income, which is on the lower side and therefore the same has to be enhanced. Further, he submitted that the parents of the deceased have also lost their only son and have been put to great mental turmoil and the compensation awarded under the head Love and Affection is also on the lower side. In support of his contention, the learned counsel relied on a decision of the Division Bench of this court reported in Managing Director, Metropolitan Transport Corporation Ltd. vs. K. Murugesan, 2014 (1) TNMAC 370 (DB) wherein the Division Bench of this Court, in similar circumstances, has awarded a total compensation of Rs. 34,65,000/- with 7.5% interest p.a.
7. Per contra, the learned counsel appearing for the Insurance Company relying on the decision of the Apex court reported in Radhakrishnan vs. Gokule, 2013 (2) TNMAC 724 (SC) contended that in similar circumstances, the Apex Court has awarded only Rs. 7,00,000/-. Therefore, the compensation of 8,50,000/- awarded by the Tribunal is on the higher side and prayed for reduction of compensation on all heads.
8. Heard the learned counsel on either side and perused the materials available in the typed set of documents.
9. In R.K. Malik vs. Kiran Pal, (2009) 14 SCC 1, the Supreme Court has held as under:-
"9. In cases of motor accidents the endeavour is to put the dependants/claimants in the pre-accidental position. Compensation in cases of motor accidents, as in other matters, is paid for reparation of damages. The damages so awarded should be adequate sum of money that wou
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