The Branch Manager vs Kavitha
2021 Latest Caselaw 10291 Mad

                                                                  C.M.A.Nos.1649 & 1652 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 22.04.2021

                                                  CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                        C.M.A.Nos.1649 & 1652 of 2020
                                                    and
                                       C.M.P.Nos.12157 & 12159 of 2020

                 C.M.A.No.1649 of 2020
                 The Branch Manager,
                 Cholamandalam MS General Insurance
                   Company Limited,
                 Tirupattur Branch,
                 No.46, Pudupet Main Road,
                 Opp. To IDBI Bank,
                 Tirupattur, Vellore District.                    ... Appellant

                                                     Vs.
                 1.Kavitha
                 2.Krishnamurthy
                 3.B.Vignesh                                      ... Respondents

C.M.A.No.1652 of 2020 The Branch Manager, Cholamandalam MS General Insurance Company Limited, Tirupattur Branch, No.46, Pudupet Main Road, Opp. To IDBI Bank, Tirupattur, Vellore District. ... Appellant

Vs.

1.Meganathan

2.Sivaranjani

3.B.Vignesh ... Respondents

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Prayer in C.M.A.No.1649 of 2020: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.01.2020 made in M.C.O.P.No.1114 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri.

Prayer in C.M.A.No.1652 of 2020: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.01.2020 made in M.C.O.P.No.1113 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri.

For Appellant : Mr.E.Rajadurai (in both C.M.As) for M/s.M.B.Gopalan Associates For Respondents :

                                   For R1 & R2      : Mr.Jagadeesan
                                   (in both C.M.As)

                                            COMMON JUDGMENT

By this common judgment, both these appeals are being disposed

of.

2. In these appeals, the respective appellant/insurance company has

challenged the amounts awarded by the Tribunal in M.C.O.P.Nos.1114 &

1113 of 2018.

3. The impugned Judgment and decree in M.C.O.P.No.1114 of

2018 has been challenged in C.M.A.No.1649 of 2020. The Tribunal has

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awarded a sum of Rs.14,75,000/- as compensation as detailed below:-

Sl.No. Heads of Compensation Amount Awarded by the Tribunal

1. Loss of Dependency Rs.13,60,800/-

2. Loss of Estate Rs. 15,000/-

3. Funeral Expenses Rs. 15,000/-

4. Love and Affection Rs. 30,000/-

5. Ambulance Bill Rs. 24,200/-

6. Hospital Bill Rs. 30,000/-

Total Rs.14,75,000/-

4. The amount awarded by the Tribunal appears to be Just and

reasonable compensation. Under these circumstances, I do not find any

merits in C.M.A.No.1649 of 2020 and is accordingly dismissed.

5. The impugned Judgment and decree passed in M.C.O.P.No.1113

of 2018 has been challenged in C.M.A.No.1652 of 2020. The Tribunal

has awarded slightly higher compensation to the claimants ignoring the

decision of the Hon'ble Supreme Court in Kishan Gopal and another

Vs Lala and others, 2013 ACJ 2594.

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6. Therefore, the compensation awarded by the Tribunal in

M.C.O.P.No.1113 of 2018 is recomputed as follows:-

Sl. Heads of Amount Amount Award No. Compensation awarded by awarded by this confirmed or the Tribunal Court enhanced or granted or reduced

1. Towards Pecuniary Rs. 7,80,000/- Rs.5,00,000/- Reduced Loss

2. Towards Love and Rs. 2,00,000/- Rs. 80,000/- Reduced Affection (Rs.40,000/-

each)

3. Towards Loss of Rs. 1,00,000/- Rs. 15,000/- Reduced Estate

4. Towards Funeral Rs. 15,000/- Rs. 30,000/- Enhanced Expenses Total Rs.10,95,000/- Rs.6,25,000/- Reduced to Rs.4,70,000/-

7. In the result, the appellant/insurance company in

C.M.A.Nos.1649 and 1652 of 2020 is therefore directed to deposit the

compensation awarded by the Tribunal and the reduced amount of

Rs.6,25,000/- together with interest at 7.5% per annum from the date of

numbering of the claim petition till the date of such deposit, less any

amount already deposited by it, within a period of six weeks from the

date of receipt of a copy of this Judgment. Therefore, the appeal filed by

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the appellant/Insurance Company in C.M.A.No.1652 of 2020 is partly

allowed.

8. On such deposit being made by the appellant/insurance company

in both the appeals, the 1st and 2nd respondents/1st and 2nd claimants are

permitted to withdraw the same together with interest accrued thereon,

less the amount already withdrawn if any, by filing suitable application

before the Tribunal. No costs. Consequently, connected Civil

Miscellaneous Petitions are closed.

22.04.2021 arb Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Motor Accidents Claims Tribunal, Special District Court, Krishnagiri.

2.The Section Officer, Vernacular Section, Madras High Court.

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C.SARAVANAN, J arb

C.M.A.Nos.1649 & 1652 of 2020 and C.M.P.Nos.12157 & 12159 of 2020

22.04.2021

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