CMA.No.595 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

C.M.A.No.595 of 2018

1. Vasanthi

2. Logesh Babu

3.Shalini

...Appellants

Vs

1.M/s.Parveen Travels

No.115/6, Santhavellore Village,

Sunguvachatram

(R1 remained exparte and hence, his presence may be dispensed with)

2.The New India Assurance Company Limited,

No.92, GN Chetty Road,

Chennai – 600 017.

..Respondents

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

Vehicles Act, 1988, to set aside the Judgment and Decree passed in

MACTOP.No.460 of 2013 dated 24.03.2015 on the file of Motor Accident

Claims Tribunal ( II Additional District Judge, Poonamallee).

For Appellants

: Ms.A.Subadra

for M/s.M.Malar

For Respondents

:Ex parte - R1

Mrs.C.Bhuvanasundari for R2

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CMA.No.595 of 2018

J U D G M E N T

This appeal has been filed by the claimants seeking

enhancement of compensation under the impugned award dated 24.03.2015

passed by the Motor Accident Claims Tribunal ( II Additional District

Judge, Poonamallee) in MACTOP.No.460 of 2013.

2. On 15.03.2013 at 21.45 hours, while the deceased R.Mohan

was waiting to cross the Trunk Road, Poonamallee, near Government

Hospital, the first respondent private bus bearing Regn.No.TN-21-AE-

4806, came from West to East direction, driven by its driver, in a rash and

negligent manner, hit the deceased, due to which, the deceased sustained

multiple and grievous head injury and died on the spot. Claiming that the

deceased was lorry tank Fabrication contractor and earning about

Rs.12,000/- per month and the driver of the lorry is solely responsible for

the accident, the appellants / claimants have filed a claim petition claiming a

sum of Rs.18,00,000/- .

3. The appellants unsatisfied with the quantum of compensation

awarded by the Tribunal under the impugned award have preferred this

appeal seeking enhancement.

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

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CMA.No.595 of 2018

impugned award are as follows:

Heads

Award Amount

(Rs.)

Loss of Income

(7500 x1/3 x12 x15)

9,00,000/-

Funeral Expenses

10,000/-

Transportation

5,000/-

Loss of love & Affection

to the children

10,000/-

Loss of Consortium

10,000/-

Damages to clothes

1,000/-

Total

9,36,000/-

5. Before the Tribunal, the Appellants/claimants examined two

witnesses as PW1 and PW2 and filed six documents which were marked as

Ex.P1 to Ex.P6. On the side of the second respondent, neither witness was

examined nor document filed.

6. Heard the learned counsel for the appellants and learned counsel

for the second respondent and perused the materials available on record.

7. The learned counsel appearing for the Appellants/Claimants

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CMA.No.595 of 2018

submitted that the Tribunal has completely ignored the valid evidence given

by the appellants. It has failed to consider the income and occupation of the

deceased. It has failed to consider that the deceased was working as a lorry

tanker builder earning Rs.12000/- per month and fixed his income as

Rs.7500/- per month which is on the lower side. It ought to fix future

prospects following the Apex Court principles. It ought to award reasonable

amount under the head of mental agony and also more compensation under

the head of funeral expenses, love and affection and transport expenses. The

Tribunal, without appreciating the evidences properly, has awarded the total

compensation of Rs.9,36,000/- and the said quantum is unreasonable. It has

erred in awarding Rs.5,000/- towards transportation, Rs.10,000/- towards

loss of love and affection to the petitioners 2 and 3; Rs.10,000/- towards

loss o