Advocates:
['C KULANTHAIVEL', '', 'T GAYATHRI', 'M/S R SREEVIDYA']

C.M.A.No.2659 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

07.12.2022

Pronounced on

12.12.2022

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

C.M.A.No.2659 of 2022

1.Kannagi, W/o.Late Suresh,

2.Lakshmi, W/o.Gurusamy,

3.Gurusamy, Aged 50 years,

4.Ramasamy, S/o.Gurusamy,

All are residing at Varappallam,

Perumugai Post, Gobi Taluk, Erode District.

... Appellants

Vs.

1.P.Paramasivam, S/o.Palanisamy,

4/148-12, Urathankadu, Kaliyanur,

Agraharam, Tiruchengode Taluk,

Namakkal District.

2.Cholamandalam M/s.General Insurance Company Ltd.,

Rep. by its Manager, 2^nd Floor, Dare House,

2, NSC Bose Road, Chennai 600 001.

... Respondents

Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set

aside the order made in M.C.O.P.No.549 of 2012 on the file of the Motor

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C.M.A.No.2659 of 2022

Accident Claims Tribunal cum IV Additional District Judge, Erode District at

Bhavani dated 5.1.2018, by enhancing the compensation.

For Appellants

: Mr.C.Kulanthaivel

For Respondents

: Ms.R.Sree Vidya (for R2)

R1 - No appearance

J U D G M E N T

The Appeal has been filed to set aside the order made in M.C.O.P.No.549

of 2012 on the file of the Motor Accident Claims Tribunal cum IV Additional

District Judge, Erode District at Bhavani dated 05.01.2018 for enhancement of

compensation.

2.Claim Petitioners are the Appellants herein. For the sake of

convenience, they are referred to as per their ranking before the trial Court.

3.The legal representatives of the deceased viz., Suresh filed the above

MCOP.No.549 of 2022, seeking compensation for his death in the road traffic

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C.M.A.No.2659 of 2022

accident and sum of Rs.10,66,163/- was awarded by the trial Court and hence

they preferred the present Appeal for enhancement.

4.The Factum of the accident, manner of the accident, rash and negligent

driving on the part of the offending vehicle are not in dispute and hence the

same are hereby confirmed.

5.On the point of quantum of compensation both the parties are heard.

6.As per the Post mortem certificate, the deceased was aged about 25

years. By relying upon the judgment of the Hon’ble Supreme Court in Syed

Sadiq's case, the trial Court has fixed monthly income at Rs.6,500/- and that

case is relating to the year 2008. However, taking into consideration the date of

the accident and also the principle laid down by the Hon’ble Supreme Court in

arriving at notional income of a person, who is alleged to have engaged in

avocation under unorganised sector, ends of justice could be met by fixing the

monthly income at Rs.9,000/- for the accident taken place in the year 2012.

Accordingly, monthly income of the deceased is fixed at Rs.9,000/-. As per

Pranay Sethi's case 40% future prospects should be taken and as per Sarla

Verma's case, multiplier 18 is adopted and 1/3^rd deduction is made. Hence the

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C.M.A.No.2659 of 2022

pecuniary loss sustained by the claim Petitioners are re-assessed as follows:

Rs.9,000/- + Rs.3,600/-

= Rs.12,600/-

Rs.12,600/- x 12 x 18 x 2/3

= Rs.18,14,400/-

7.The 1^st Petitioner, being the widow of the deceased is entitled for filial

consortium and accordingly Rs.40,000/- awarded by the Tribunal is confirmed.

The other Petitioners 2 to 4 are entitled to get a sum of Rs.40,000/- each

towards love and affection [Rs.40,000/- x 3 = 1,20,000/-].

S.No.

Head

Amount (Rs.)

Modification

Amount (Rs.)

1

Loss of income

936000 Enhanced

1814400

2

Loss of consortium

40000 Confirmed

40000

3

Loss

Love

and

affection

40000 Enhanced

120000

4

Funeral expenses

15000 Confirmed

15000

5

Transport to hospital

10000 Confirmed

10000

6

Loss of Estate

15000 Confirmed

15000

7

Medical expenses

10163 Confirmed

10163

Total Compensation

1066163

2024563

(Rupees twenty lakh twenty four thousand five hundred and sixty three only)

The Appeal was filed with the delay of 667 days and while allowing the