C.M.A.No.834 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

C.M.A.No.834 of 2017

1.R.Mallika

2.V.Sudha

3.V.Kirthika

4.V.Saikrishna

... Appellants

..Vs..

1.Thandamudi Sathyanarayana

2.Mandina Ganga Rao

3.The Branch Manager

United India Insurance Company Ltd.,

Chityala, Nidadavollu

West Godhavari District

Andhra Pradesh.

... Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor

Vehicles Act, 1988, against the Award and decree dated 30.04.2004 made

in M.C.O.P No.171 of 2001 on the file of the Motor Accident Claims

Tribunal/ Additional District and Sessions Judge and the Special Court for

Essential Commodities Cases, Coimbatore.

For Appellants

: Mr.V.Karthikeyan

For Mr.V.Nicholas

For Respondents

: Mr.M.J.Vijayaragavan for R3

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C.M.A.No.834 of 2017

JUDGMENT

This appeal has been filed by the claimants seeking enhancement of

compensation under the impugned award dated 30.04.2004 passed by the

Motor Accident Claims Tribunal/ Additional District and Sessions Judge and

the Special Court for Essential Commodities Cases, Coimbatore in M.C.O.P

No.171 of 2001.

2. The details of the compensation awarded by the Tribunal under the

impugned award are as follows:

Heads

Award Amount

(Rs.)

Loss of dependency

Monthly Income Rs.1250-

450 (800 x 12 x 15 =

Rs.1,44,000/- ) plus Loss of

Expectation of Life-

Rs.10,000/-

1,54,000/-

Funeral Expenses

2,000/-

Loss of Consortium

5,000/-

Loss of Estate

2,500/-

Total

1,63,000/-

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C.M.A.No.834 of 2017

3. Before the Tribunal, the Appellants/claimants has filed 11

documents which were marked as Ex.P1 to Ex.P11 and the claimants were

examined as PW1 to PW4 on their side. On the side of the 3rd

Respondent/Insurance Company, neither any document was filed nor any

witness was examined.

4. The learned counsel appearing for the Appellants/Claimants

submitted that the entire quantum of compensation awarded by the Tribunal

is very low. As seen from Ex.P5 Vijaya Bank passbook, the deceased was

doing contract business in the name and style of Kemoplast and was earning

Rs.16,666/-, but the Tribunal has fixed only Rs.1250/- as monthly income of

the deceased which is very low. The Tribunal has failed to award any

amount towards love and affection to the claimants 2 to 6 who are the

daughters of the deceased. He further submitted that the compensation

awarded under the heads namely consortium, loss of estate and funeral

expenses are very meagre and hence, she prayed to enhance the

compensation.

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C.M.A.No.834 of 2017

5. The learned counsel appearing for the third respondent/Insurance

Company submitted that the appellants have not let in any material evidence

to prove that the deceased was earning a sum of Rs.16,666/- as monthly

income at the time of accident. In the absence of material evidence, the

Tribunal fixed a sum of Rs.1,250/- as monthly income, which is not meagre.

The Tribunal has rightly awarded a reasonable compensation and therefore,

there is no need to interfere with the said finding of the Tribunal. Thus, the

award given by the Tribunal is to be confirmed and the appeal is to be

dismissed.

6. I have heard the learned counsel for the appellants as well as the

third respondent and perused the entire materials on record.

7. From the materials available on record, it is seen that the appellants

have contended that deceased was doing contract work in the name and

style of Kemoplast and was earning a sum of Rs.16,666/- per month at the

time of accident. In the absence of material evidence, the Tribunal fixed a

sum of Rs.1,250/- as monthly income, which is meager. The deceased was

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C.M.A.No.834 of 2017

aged 43 years at the time of accident. Considering the