CMA (MD)No.181 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CMA (MD)No.181 of 2018
and CMP(MD) No.2613 of 2018
The Divisional Manager,
M/s.The Oriental Insurance Company Limited
No.5-A Bharathidasan Salai
Cantonment
Trichy District. .. Appellant/
2nd respondent
Vs.
1.Mariammal
2.William Thomas
3.Rexlin .. Respondents/
petitioners 1 to 3
4.M/s.A.R.Dairy Food Private Limited,
Rep. by its Managing Director,
No.10/5C Madurai Road
Begambur
Dindigul District
5.Murugesan
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CMA (MD)No.181 of 2018
6.The Divisional Manager,
M/s.National Insurance Company Limited
No.33 Promenade Road,
Cantonment
Trichy District .. Respondents/respondents
Prayer : Civil Miscellaneous Appeals are filed under Section 173 of the
Motor Vehicles Act, 1988 against the award made in MCOP No.508/2014
dated 25.10.2017 on the file of the Motor Accident Claims Tribunal cum
Special District Judge, Trichirappalli.
For appellant : Mr.C.Jawahar Ravindran
For Claimant : No appearance for R1 to R5
Mr.S.Srinivasaraghavan for
R6
JUDGMENT
J. NISHA BANU,J.
and N. ANAND VENKATESH,J.
This appeal was filed by the Oriental Insurance Company limited challenging the award passed by the Motor Accident Claims Tribunal, Trichy, in MCOP No.508/2014, whereby 50% of the liability was apportioned and the appellant was directed to pay the same.
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2.Heard the learned counsel for the appellant and the learned counsel for the 6th respondent.
3.It was brought to the notice of this Court that the National Insurance Company Limited had challenged the award passed by the Motor Accident Claims Tribunal, Trichy, with respect to 50% liability that was apportioned to National Insurance Company limited, in CMA(MD) No. 665/2018. This appeal was taken up for final hearing by the Division Bench on 10.04.2019 and the following order was passed:
“8.The main contention of the learned counsel for the appellant/Insurance Company is that after retirement, there is no scope for re-employment for the deceased and no evidence was produced on record.
9.The Division Bench of this Court in 2013(2)TN MAC 113, 2013(2) TN MAC 729, 2014(1) TN MAC 334 and 2015(2) TN MAC 449 and Kerala High Court in 2016(1) TN MAC 493 applied split multiplier theory in similar facts. According to the age of the deceased, proper multiplier is '9'. It is not in dispute that the salary of the deceased is Rs.42,784/- and by adding 15% towards future prospects, the income of the deceased comes to Rs.49,202/- and after deducting 1/3rd towards his personal and living expenses, the Page 3 of 7 https://www.mhc.tn.gov.in/judis CMA (MD)No.181 of 2018 contribution to the family comes to Rs.32,802/-. By applying split multiplier, the claimants are entitled to Rs. 3,93,624/-for the left over service and for the remaining period, by taking 50% of the salary, this Court awards Rs. 15,74,496/-. Hence, the total loss of income is arrived at Rs.19,68,120/-. Further, this Court awards a sum of Rs. 70,000/- towards conventional damages. In total, the claimants are entitled to Rs.20,38,120/- which is rounded off to Rs.20,39,000/-. Interest rate awarded by the Tribunal is maintained. As per the award of the Tribunal, the appellant and fifth respondent shall pay the award amount at the ratio of 50:50.
10.In the result, the Civil Miscellaneous Appeal is partly allowed, by reducing the compensation from Rs. 39,57,616/- to Rs.20,39,000/- with interest at 7.5% pa., from the date of claim petition till the date of realization. Out of the above said award amount, the first claimant is entitled to a sum of Rs.14,39,000/- and the claimants 2 and 3 are each entitled to a sum of Rs. 3 lakhs.
11.In view of the disposal of the appeal, the appellant and fifth respondent/Insurance Companies are directed to deposit 50% of the modified award amount with proportionate accrued interest and costs, less the award amount, if any, deposited by them, to the credit of claim petition, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw their share, as Page 4 of 7 https://www.mhc.tn.gov.in/judis CMA (MD)No.181 of 2018 apportioned by this Court, referred to supra, with proportionate accrued interest and costs, by filing necessary application before the Tribunal. No costs. Consequently, connected Civil Miscellaneous Petition is closed.”
4.It is clear from the above that the award passed by the Tribunal has been interfered with respect to the quantum and it has been reduced from Rs.39,57,616/- to Rs.20,39,000/-. The same has to be taken into consideration, while disposing of this appeal also and there shall be a direction to the appellant to deposit 50% of the modified award amount with proportionate accrued interest and costs, after deducting the amount that has already been deposited by the appellant company. This direction will be carried out only if the appellant company had not deposited the amount, pursuant to the earlier order passed in CMA(MD) No.665 of 2018.
Accordingly, this civil miscellaneous appeal is disposed of. No costs.
Consequently connected Miscellaneous Petition is closed.
(J.N.B.,J.) (N.A.V.,J.)
06.09.2022
Index : Yes/No
Internet : Yes
RR
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1.The Motor Accident Claims Tribunal cum Special District Judge, Trichirappalli.
2.The VR Section Madurai Bench of Madras High Court, Madurai.
Page 6 of 7https://www.mhc.tn.gov.in/judis CMA (MD)No.181 of 2018 J. NISHA BANU,J.
and N. ANAND VENKATESH,J.
RR CMA (MD)No.181 of 2019 06.09.2022 Page 7 of 7 https://www.mhc.tn.gov.in/judis