Madras High Court
The Branch Manager vs Prabavathi on 22 April, 2021
C.M.A.No.2426 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2426 of 2016
and CMP.No.17071 of 2016
The Branch Manager,
National Insurance Company Limited,
Branch Office, 2nd floor,
81-D, Chetty Street, opposite to bus stand,
Tiruchengode,
Namakkal District – 637 211. ... Appellant
Vs
1.Prabavathi
2.Mr.M.Selvaraj
3.Murugammal
4.Madhan @ Periyamadhan ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree passed in MACT
O.P.No.510 of 2013 dated 30.04.2015 on the file of the Motor Accident
Claims Tribunal, Special District Court, Krishnagiri.
For Appellant : Ms.N.B.Surekha
For Respondents : R1 to R3- sd- NA
R4- Not ready in notice reg.R4
1/6
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C.M.A.No.2426 of 2016
JUDGMENT
This appeal has been filed by the Insurance Company challenging the
quantum of compensation awarded by the Tribunal under the impugned
Award dated 30.04.2015 passed by the Motor Accident Claims Tribunal,
Special District Court for Motor Accident Claims Cases, Krishnagiri in
M.C.O.P.No.510 of 2013.
2.The Appllant Insurance Company has challenged the impugned
Award only on the ground that the quantum of compensation awarded by
the Tribunal to the claimants is excessive.
3.The details of the compensation awarded by the Tribunal under the
impugned Award are as follows:
Particulars Amount (Rs.)
Future loss of income 12,96,000
Loss of consortium for the 1,00,000
petitioner had lost her husband
at the age of 20 years
Loss of love and affection for 2,00,000
the respondents 3 and 4 who
had lost their son, financial
supporter in their evening of life
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C.M.A.No.2426 of 2016
Particulars Amount (Rs.)
(Rs.1,00,000 x 2 =
Rs.2,00,000/-)
Transport to hospital 15000
Funeral expenses 20000
Total Rs.16,26,000
4.Heard, N.B.Surekha, learned counsel for the Appellant. Despite
service of notice on the respondents 1 to 3 and their names having been
printed in the cause list today, none appears on their side. Since no adverse
orders are going to be passed against R4, notice to the R4 is dispensed with.
5.The Appellant Insurance Company has challenged the impugned
Award only on the ground that the loss of consortium awarded to the wife of
the deceased at Rs.1,00,000/- and the compensation awarded towards loss
of love and affection to the respondents 3 and 4 who are the parents of the
deceased at Rs.2,00,000/- is excessive. However, as seen from the
impugned Award, the Tribunal has not awarded any compensation to the
claimants towards loss of future prospects which they are legally entitled to
as per the settled law.
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C.M.A.No.2426 of 2016
6.Therefore, this Court is of the considered view that overall
compensation awarded by the Tribunal amounting to Rs.16,26,000/-
comprising of Rs.12,96,000/- towards loss of income, Rs.1,00,000/- towards
loss of consortium to the wife of the deceased, Rs.2,00,000/- towards loss of
love and affection to the parents of the deceased, Rs.15,000/- towards
transportation and Rs.20,000/- towards funeral expenses cannot be
considered to be excessive as the Tribunal has not awarded any
compensation towards loss of future prospects.
7.For the foregoing reasons, this Court is of the considered view that
there is no merit in this Appeal. Accordingly, this
Appeal shall stand dismissed. The Appellant Insurance Company is directed
to deposit the entire award amount along with interest and costs as assessed
by the Tribunal after deducting the amount already deposited if any to the
credit of MCOP.No.510 of 2013 within a period of four weeks from the date
of receipt of a copy of this Judgment. On such deposit being made, the
Tribunal shall transfer the amount lying to the credit of MCOP.No.510 of
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C.M.A.No.2426 of 2016
2013 to the bank of the respondents/claimants 1, 3 and 4 as per the ratio
apportioned through RTGS within a period of one week thereafter. No costs.
Consequently, connected miscellaneous petition is closed.
22.04.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
pam
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C.M.A.No.2426 of 2016
ABDUL QUDDHOSE, J.
pam
To
1.The Motor Accident Claims Tribunal,
Special District Court for MAC cases, Krishnagiri.
2.The Section Officer
V.R.Section, High Court of Madras.
C.M.A.No.2426 of 2016
22.04.2021
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