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2024 Supreme(Online)(Mad) 58282
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. VIJAYAKUMAR J
Narayanan – Appellant
Versus
Sri Ram – Respondent
C.M.A.(MD)No.1000 of 2017
For the Appellants/Petitioners: Mr.T.Selvakumaran
For the Respondents: Mr.B.Vijay Karthikeyan
Court emphasized on the appropriate inclusion of salary deductions in fatal accident claims to ensure fair compensation.
Headnote:This Civil Miscellaneous Appeal concerns the enhancement of the award under Section 173 of the Motor Vehicles Act, 1988 as decided in M.C.O.P.No.222 of 2013. The claimants, the parents of the deceased, argued that the Tribunal erred in not including certain salary deductions for computing the deceased's income. The court found that including these deductions increases the calculated income significantly. The final ruling partly grants the appeal, awarding total compensation of Rs. 19,20,624/- with interest from the insurance company.
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the claimants in M.C.O.P.No.222 of 2013 on the file of the Motor Accident Claims Tribunal, (4th Additional District Court) Tirunelveli, seeking enhancement of the award.
2. The parents of the deceased are the claimants. According to them, their son who was a degree holder in Mechanical Engineering aged about 26 years has passed away on 04.07.2012 due to the accident happened on 19.06.2012.
3. The claimants have primarily relied upon Ex.B-8 salary certificate which indicates that the deceased was receiving gross salary of Rs.13,600/- (Rupees Thirteen Thousand and Six Hundred only) deduction to an extent of Rs.1,015/- (Rupees One Thousand and Fifteen only) and net salary of Rs.12,585/- (Rupees Twelve Thousand Five Hundred and Eighty Five only). The Tribunal is taken into consideration the net salary and has arrived at notional income of deceased at Rs. 12,500/- (Rupees Twelve Thousand Five Hundred only). This portion of the award of the Tribunal has been challenged in the present Appeal.
3. According to the learned counsel appearing for the appellant, the deductions towards Provident Fund and ESI should not have been excluded for calculating the income of the deceased person. The learned counsel appearing for the appellant also relied upon the Judgment of Hon'ble Supreme Court reported in (2011) 11 SCC 425 to the effect that such deductions should not be excluded while calculating the salary of the deceased person. The deductions under the head of Provident Fund and ESI have to be included and in such a situation, the salary of the deceased person would be Rs.13,550/- (Rupees Thirteen Thousand Five Hundred and Fifty only). The deceased was 26 years old and therefore, multiplier of 17 has to be applied. Hence, the loss of income of the deceased would be arrived at Rs.27,64,200/-. (Rupees Twenty Seven Lakhs Sixty Four Thousand and Two Hundred only). After deducting
50% income towards his personal expenses etc., the total loss of income could be arrived at Rs.13,82,100/- (Rupees Thirteen Lakhs Eighty Two Thousand and Hundred only). Considering the above said facts and circumstances, the award of the Tribunal is reassessed as follows:
S.No.
Description
Amount
1.
Loss of income
Rs.13,82,100/-
2.
Medical Expenses
Rs. 3,91,574/-
3.
Transport charges
Rs. 16,950/-
4.
Loss of love and affection
Rs. 1,00,000/-
5.
Funeral Expenses
Rs. 15,000/-
6.
Loss of Estate
Rs. 15,000/-
Total
Rs.19,20,624/-
S.No.
Description
Amount
1.
Loss of income
Rs.13,82,100/-
2.
Medical Expenses
Rs. 3,91,574/-
3.
Transport charges
Rs. 16,950/-
4.
Loss of love and affection
Rs. 1,00,000/-
5.
Funeral Expenses
Rs. 15,000/-
6.
Loss of Estate
Rs. 15,000/-
Total
Rs.19,20,624/-
S.No.
Description
Amount
1.
Loss of income
Rs.13,82,100/-
2.
Medical Expenses
Rs. 3,91,574/-
3.
Transport charges
Rs. 16,950/-
4.
Loss of love and affection
Rs. 1,00,000/-
5.
Funeral Expenses
Rs. 15,000/-
6.
Loss of Estate
Rs. 15,000/-
Total
Rs.19,20,624/-
4. Hence, this Civil Miscellaneous Appeal is partly allowed.
5. The second respondent/ Insurance Company is directed to deposit the enhanced compensation amount with 7.5% interest and costs to the credit of M.C.O.P.No.222 of 2013 on the file of the Motor Accident Claims Tribunal, (4th Additional District Court) Tirunelveli, within a period of eight weeks (8) from the date of receipt of copy of this judgment, less the amount, if any already deposited. On such deposit, the 1st claimant is entitled to withdraw the amount, less the amount, if any already withdrawn, by making necessary application before the Tribunal.
No costs.
18.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To
1.The Motor Accident Claims Tribunal (4th Additional District Court), Tirunelveli.
2.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.
R . VIJAYAKUMAR , J .
Sml Judgment mad
