Madras High Court enhances relief from Rs 50.85 lakh to Rs 69 lakh in mishap case
Chennai: Justice N. Kirubakaran of the Madras high court, who is known for his humane approach, has once again proved the same. While dealing with an appeal from an insurance company for reducing the compensation awarded by a tribunal in a motor accident case, Justice N. Kirubakaran, heading a division bench, suo motu has enhanced the compensation from Rs 50.85 lakh to a whopping sum of Rs 69 lakh even in the absence of the claimants before the court.
One S. Magesh, an engineer working as senior lead designer in a private company died in an accident on October 9, 2010, when he was riding a two-wheeler from Poonamallee to Thiruvallur high road and was hit by a lorry, insured with M/s Reliance General Insurance Company Limited. On a petition from his wife, two minor children and his mother, the Motor Accident Claims Tribunal, Poonamallee awarded '50.85 as compensation. Aggrieved the insurance company filed the present appeal to reduce the compensation amount.
Dismissing the appeal at the “admission stage” itself, a division bench comprising Justices N. Kirubakaran and Krishnan Ramasamy, suo motu enhanced the compensation to '69 lakh and directed the tribunal to summon the claimants and verify their identity, by getting ID proof and inform about the enhancement of compensation, as they are not aware of the suo motu enhancement of compensation payable to them.
Writing the judgment for the Bench, Justice Kirubakaran said a perusal of the record shows that the deceased was a qualified B.E graduate and a representative of the employer deposed that the deceased was drawing '39,986 as monthly salary. Since the deceased was aged about 32 years, future prospects has to be added, which the Tribunal failed to add. As per the Constitution bench’s judgment of the Supreme Court 40 per cent has to be added towards future prospects. After adding 40 percent, the monthly income would be at '55,980 and the annual income would be at '6.71,760. After deducting income tax, the yearly income would be at '6,19,408. Since the size of the family was three, one third has to be deducted towards personal expenses of the deceased. After deducting the personal expenses, the loss of annual contribution would be '4,12,938. By applying multiplier method and loss of consortium and love and affection, the compensation was arrived at '69 lakh, the bench added.
Confirming the award of '1 lakh each to the two children namely Aswitha Makesh and Sam Makesh, by the tribunal, the bench said the two children were 2 years and 4 months old respectively, at the time of the accident and they lost their father’s love and affection, guidance and care through out their life. “It is very unfortunate that the third minor respondent (Sam Makesh) would not have even recognized his father. In this case, the minors lost their father at the very young age itself. It is very difficult to groom a child by both the parents nowadays, and hence it would be very difficult for the first respondent (Sudha alias Sudha Makesh) to bring up the children and it is also impossible for the children to grow as normal children, in the absence of their father’s care and guidance. Hence, this court is justified in confirming award of '1 lakh towards loss of love and affection to each of the two children”, the bench added.
The bench directed the Tribunal to file a report about the information given to the claimants by summoning them along with proof with the acknowledgement of the claimants about enhancement.
The bench said out of the award amount, Sudha, wife of the deceased was entitled to '25 lakh, the two minor children were entitled to '18 lakh each and mother of the deceased was entitled to '8 lakh. “As far as minor claimants are concerned, their share shall be deposited in interest bearing fixed deposit in any one of the nationalised banks, till they attain majority. The mother of the two children is permitted to withdraw interest accruing on such deposit once in three months”, the bench added and posted the matter in the fourth week of March for reporting compliance.
