Minor Manikandan Alias Sabarish v. Lakshmi

Judgment.

15.3. Since the appellant/injured claimant is a minor, the compensation amount is directed to be deposited in an interest-bearing fixed deposit [F.D.] in any nationalized bank until he attains majority. His mother/guardian of the appellant/injured claimant, Veeralakshmi, is permitted to withdraw the accrued interest once every six months.

15.4. The appellant/claimant is directed to pay the necessary court fee, if any, for the enhanced amount of compensation.

¶16C.M.A.(MD) No.543 of 2024 - [M.C.O.P.No.146 of 2021]

16.1. This appeal pertains to the compensation payable to the Page No. 12 of 21 injured minor girl, Kaviya. The Tribunal has awarded a sum of Rs.15,05,258/- to the minor girl under the various heads. The learned counsel for the appellant was unable to point out any infirmity in the award of the Tribunal.

16.2. However, considering the nature of the injury suffered by the minor Kaviya, this Court finds that the Tribunal ought to have awarded a sum of Rs.1,00,000/- towards future medical expenses. As admittedly, a steel plate and rods were fixed for the fracture suffered by her, the minor is liable to incur expenses for the removal of the said plate and rods. Hence, a sum of Rs.1,00,000/- is awarded towards future medical expenses. The compensation under the other heads is just and reasonable and is therefore confirmed. Thus, the total compensation awarded by the Tribunal is enhanced to Rs.16,05,258/- [Rs.15,05,258/- + Rs.1,00,000/-].

16.3. After deducting 35% contributory negligence, the second respondent, Insurance Company, is liable to pay a sum of Rs.10,43,417.70 [16,05,258.00 - 5,61,840.30], which is rounded off to Rs.10,43,418/-. The second respondent, Insurance Company, is directed to deposit the aforesaid enhanced compensation of Rs.10,43,418/- together with interest Page No. 13 of 21 at 7.5% per annum from the date of the claim petition, i.e., 18.01.2021, until the date of realization and costs, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this Judgment.

16.4. The appellant/injured claimant was 16 years old at the time of filing the claim petition in 2021. She would have now attained the majority. Therefore, the appellant/injured claimant is directed to file a suitable application before the Tribunal, to record her majority, and to withdraw the compensation, along with interest and costs.

16.5. The appellant/claimant is directed to pay the necessary court fee, if any, for the enhanced amount of compensation.

¶17C.M.A.(MD) No.544 of 2024 [M.C.O.P.No.147 of 2021]

17.1. This appeal pertains to the compensation awarded for the death of the rider of the two-wheeler, namely, Kannan. The claimants examined the wife of the deceased as P.W.1 to establish that the deceased was working as a tea master. However, no documentary evidence has been provided, to establish the income of the deceased. The deceased was Page No. 14 of 21 42 years old and was taking care of his wife and two minor children at the time of the accident. Considering the age of the deceased, his avocation, and the year of the accident, this Court is of the view that it would be just and reasonable to fix the notional income of the deceased at Rs.15,000/- per month instead of Rs.10,000/- per month, fixed by the Tribunal. The compensation under the other heads is just and reasonable. Therefore, the compensation awarded under the head 'loss of income' is modified as follows: Loss of Income: Age of the deceased - 42 years Notional Monthly Income - Rs.15,000/- Annual Income [Rs.15,000 x 12] : Rs.1,80,000/- Add: Future Prospects [Rs.1,80,000/- x 25/100] : Rs. 45,000/- ------------------- : Rs.2,25,000/- Less : Personal Expenses at 1/3rd [2,25,000 x 1/3] * : Rs. 75,000/- ------------------- : Rs.1,50,000/- Applicable Multiplier – 14 [Rs.1,50,000/- x 14] - Rs.21,00,000/- [* since there are three dependents of the deceased] Page No. 15 of 21

17.2. The total compensation awarded by the Tribunal is modified as follows: Sl. Heads Amount awarded by the Tribunal Amount awarded by this Court Award confirmed, enhanced or granted Loss of Income Rs.13,99,944/-Rs.21,00,000/-Enhanced Loss of Consortium to the wife Rs. 44,000/-Confirmed Loss of Estate Rs. 16,500/-Rs. 16,500/-Confirmed Funeral Expenses Rs. 16,500/-Confirmed Total Rs.14,76,944/-Rs.21,77,000/-Enhanced by Rs.7,00,056/-

17.3. After deducting 35% contributory negligence, the second respondent, Insurance Company, is liable to pay a sum of Rs.14,15,050/- [21,77,000 - 7,61,950]. The second respondent, Insurance Company, is directed to deposit the enhanced compensation of Rs.14,15,050/- together with interest at 7.5% per annum from the date of the claim petition, i.e.,

18.01.2021, until the date of realization and costs, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this Judgment. Page No. 16 of 21

17.4. On such a deposit, the claimants are entitled to the compensation as per the apportionment fixed by the Tribunal.

17.5. The first appellant/first claimant is permitted to withdraw her share, along with proportionate interest and costs, less the amount already withdrawn, if any, by filing a suitable application before the Tribunal.

17.6. Since the second and third appellants/second and third claimants are minors, their shares are directed to be deposited in an interest-bearing fixed deposit [F.D.] in any nationalized bank until they attain a majority. The first respondent/first claimant is permitted to withdraw the accrued interest once every six months.

17.7. The appellants/claimants are directed to pay the necessary court fee, if any, for the enhanced amount of compensation.

¶18C.M.A.(MD) No.545 of 2024 [M.C.O.P.No.148 of 2021]

18.1. The appeal pertains to the compensation awarded for the death of the minor girl, Makisha, who was 7 years old at the time of the accident. The compensation under the heads 'loss of estate' and 'funeral Page No. 17 of 21 expenses' is just and reasonable and is confirmed.

18.2. However, the Tribunal has awarded only Rs.44,000/- towards the parental consortium, which is meagre. Both the appellants/claimants, who are the parents of the deceased minor girl, are entitled to the consortium at the rate of Rs.44,000/- each. Hence, the compensation under the head 'parental consortium' is enhanced to Rs.88,000/-.

18.3 As regards the compensation under the head 'loss of income', this Court finds that the Tribunal has fixed the notional income of the deceased minor girl at Rs.25,000/-per annum, which is also meagre. In similar circumstances, this Court has adopted a sum of Rs.60,000/-per annum for the minors. Therefore, this Court is of the view that it would be just and reasonable to fix the income at Rs.60,000/-per annum. The multiplier applicable is 15 for the minors. Thus, the compensation under the head 'loss of income' has to be fixed at Rs.9,00,000/-[60,000 x 15]. The total compensation is enhanced in the following manner: Page No. 18 of 21 Sl. Heads Amount awarded by the Tribunal Amount awarded by this Court Award confirmed, enhanced or granted Loss of Income Rs.3,75,000/-Rs.9,00,000/-Enhanced Loss of Estate Rs. 16,500/-Rs. 16,500/-Confirmed Funeral Expenses Rs. 16,500/-Rs. 16,500/-Confirmed Parental Consortium Rs. 44,000/-Rs. 88,000/-Enhanced Total Rs.4,52,044/-Rs.10,21,000/-Enhanced by Rs.5,68,956/-

18.4 After deducting 35% contributory negligence, the second respondent, Insurance Company, is liable to pay a sum of Rs.6,63,650/- [10,21,000 - 3,57,350]. The second respondent, Insurance Company, is directed to deposit the aforesaid enhanced compensation of Rs.6,63,650/- together with interest at 7.5% per annum from the date of the claim petition, i.e., 18.01.2021, until the date of realization and costs, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this Judgment.

18.5 For the sake of convenience, this Court reiterates that the claimant in C.M.A.(MD) No.542 of 2024 - [M.C.O.P.No.145 of 2021] is entitled to Rs.8,85,079/-, the claimant in C.M.A.(MD) No.543 of 2024 - [M.C.O.P.No.146 of 2021] is entitled to Rs.10,43,418/-, the claimants in C.M.A.(MD)No.544 of 2024 [M.C.O.P.No.147 of 2021] are entitled to Page No. 19 of 21 Rs.14,15,050/- and the claimants in C.M.A.(MD)No.545 of 2024 [M.C.O.P.No.148 of 2021] are entitled to Rs.6,63,650/-.

18.6 On the deposits made by the second respondent as aforesaid, the appellants/claimants are permitted to withdraw the same, as per the apportionment fixed by the Tribunal, along with proportionate interest and costs, less the amount already withdrawn, if any, by filing a suitable application before the Tribunal.

18.7 The appellants/claimants are directed to pay the necessary court fee, if any, for the enhanced amount of compensation.

¶19In the result, these Civil Miscellaneous Appeals are partly allowed. No costs.

21.08.2024 Index: Yes/ No Speaking Order/Non-Speaking Order JEN To:

1.The Special Subordinate Judge, Motor Accident Claims Tribunal, Tirunelveli, Tirunelveli District.

2.The Section Officer, V.R.Section, Madurai Bench of Madras high Court, Madurai. Page No. 20 of 21 SUNDER MOHAN

, J.

JEN

21.08.2024 Page No. 21 of 21

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN Minor Manikandan alias Sabarish S/o.Kannan [represented through his mother and next guardian Veeralakshmi] ... Appellant in C.M.A.(MD) No.542/24 Minor Kaviya D/o.Balasubramanian [represented through her mother and next guardian Mariammal] ... Appellant in C.M.A.(MD) No.543/24 1.Veeralakshmi W/o.Kannan 2.Minor Muthukumar S/o.Kannan 3.Minor Manikandan alias Sabarish S/o.Kannan [Minors second and third appellants are represented through their mother and next guardian Veeralakshmi, the first appellant] ... Appellants in C.M.A.(MD) No.544/24 Page No. 1 of 21 1.Lakshmi W/o.Chinnadurai 2.Chinnadurai S/o.Thalavai Moopanar ... Appellants in C.M.A.(MD) No.545/24 Vs. 1.Lakshmi W/o.Subbaiah 2.The New India Assurance Company Ltd., Through its Divisional Manager, No.41-B, First Floor, Victoria Street, Tuticorin - 628 215. 3.The New India Assurance Company Ltd., Through its Divisional Manager, No.84-A, Trivandrum Road, Palayamkottai. ... Respondents in all C.M.As. Prayer in C.M.A.(MD) No.542 of 2024: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the quantum of compensation award to the tune of Rs.7,00,000/- that apart from the amount of compensation already awarded in M.C.O.P.No.145 of 2021 on the file of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli, dated 29.08.2022. Prayer in C.M.A.(MD) No.543 of 2024: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the quantum of compensation award to the tune of Rs.8,00,000/- that apart Page No. 2 of 21 from the amount of compensation already awarded in M.C.O.P.No.146 of 2021 on the file of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli, dated 29.08.2022. Prayer in C.M.A.(MD) No.544 of 2024: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the quantum of compensation award to the tune of Rs.7,00,000/- that apart from the amount of compensation already awarded in M.C.O.P.No.147 of 2021 on the file of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli, dated 29.08.2022. Prayer in C.M.A.(MD) No.545 of 2024: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the quantum of compensation award to the tune of Rs.4,00,000/- that apart from the amount of compensation already awarded in M.C.O.P.No.148 of 2021 on the file of the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli, dated 29.08.2022. For Appellant(s) in all C.M.As. : Mr.N.Ramamoorthy For R2 & R3 in all C.M.As. : Mr.A.Ilango C O M M O N J U D G M E N T Since the instant appeals arise out of the claim petitions filed for the death of the deceased and for the injured in the same accident and the Page No. 3 of 21 Tribunal has passed the common award in all the claim petitions, these appeals are taken up together. 2. The instant appeals have been filed, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (Special Subordinate Court), Tirunelveli, in the following claim petitions, vide its common award dated 29.08.2022: Sl. No. C.M.A.(MD) No. M.C.O.P.No C.M.A.(MD) No.542 of 2024 M.C.O.P.No.145 of 2021 C.M.A.(MD) No.543 of 2024 M.C.O.P.No.146 of 2021 C.M.A.(MD) No.544 of 2024 M.C.O.P.No.147 of 2021 C.M.A.(MD) No.545 of 2024 M.C.O.P.No.148 of 2021 3. The appellants in all C.M.As. filed the above claim petitions before the Tribunal, stating that on 08.06.2020 at about 11.30 a.m., while the deceased Kannan, his two children, and another minor girl were traveling in his two-wheeler bearing Registration No.TN-75-T-6560, a car bearing Registration No.TN-69-AT-2252 owned by the first respondent and insured with the second respondent, Insurance Company, came in a rash and negligent manner and collided with the two-wheeler at the Page No. 4 of 21