Point of law:Accident claim – Enhancement of compensation - Notional monthly income of the deceased -Awards a compensation towards loss of estate granted

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 18.12.2012 made in MACT OP No.2825 of 2011 on the file of the Chief Judge, Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.)

1. This appeal has been filed by the claimants seeking enhancement of compensation under the impugned award dated 18.12.2012 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Chennai in MCOP No.2825 of 2011.

2. The appellants are the claimants and the Legal Representatives of the deceased R.Elumalai Gounder, who died on 12.06.2011 as a result of an accident caused by a vehicle owned by the first respondent and insured with the second respondent.

3. The claimants are the legal representatives and the dependants of the deceased and they are his wife, two sons and his mother. They preferred a claim before the Motor Accidents Claims Tribunal, Court of Small Causes, Chennai against the owners of the vehicle as well as the second respondent Insurance Company seeking a compensation of Rs.16,00,000/-.

4. The claimants are the legal representatives and the dependants of the deceased and they are his wife, two sons and his mother. They preferred a claim before the Motor Accidents Claims Tribunal, Court of Small Causes, Chennai against the owners of the vehicle as well as the second respondent Insurance Company seeking a compensation at Rs.4,80,000/-, the second and third claimants being two sons of the deceased at Rs.1,00,000/- each and the fourth claimant being the mother of the deceased at Rs.54,528/-.

5. The details of compensation awarded by the Tribunal are as follows:

6. The appellants unsatisfied with the quantum of compensation awarded by the Tribunal have preferred this appeal seeking for enhancement.

7. Heard Ms.P.T.Salim, learned counsel for the appellants and Ms.Shobana, learned counsel for the second respondent / Insurance Company. R1 was set ex-parte before the Tribunal, hence notice to R1 is dispensed with.

8. The deceased R. Elumalai gounder was aged 49 years and was employed as Security Guard at the time of the accident. In the claim petition, the appellants / claimants have claimed that the deceased was earning Rs.6500/- per month plus batta and other allowances. However, the Tribunal under the impugned award fixed the notional monthly income of the deceased only at Rs.4,500/- which in the considered view of the Court is low. The Tribunal ought to have given due consideration to the year of the accident before fixing the notional monthly income of the deceased. The accident happened in the year 2011 and considering the same, this Court fixes the notional monthly income of the deceased at Rs.7,500/- instead of Rs.4,500/- fixed by the Tribunal. The Tribunal has awarded 30% to the appellants / claimants towards loss of future prospects, which is not in consonance with the decision of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi reported in 2017 16 SCC 680. The deceased was aged 49 years and therefore, the loss of future prospects ought to have been fixed at 25% and not at 30% as fixed by the Tribunal. Hence, the loss of future prospects is reduced to 25% from 30% fixed by the Tribunal. The Tribunal has rightly deducted ¼th towards personal expenses of the deceased and has also adopted the correct multiplier of 13 and the same is confirmed by this Court. In view of the enhancement of the notional monthly income of the deceased from Rs.4,500/- to Rs.7,500/- and the decrease in loss of future pros