Madras High Court
The Branch Manager vs Bhagyamma on 23 April, 2021
C.M.A.No.1457 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1457 of 2020
and
C.M.P.No.10669 of 2020
(Through Video Conferencing)
The Branch Manager,
M/s.National Insurance Co., Ltd.,
Salem, Branch III,
Thanthai Periyar Market Complex,
Govindasamy Pillai Street,
Near Old Bus Stand, Salem,
Tamil nadu 636 001
C/o.The Divisional Manager,
National Insurance Co., Ltd.,
No.9, Infantry Road,
Near Alankar Theatre,
Vellore 636 002. ... Appellant
vs.
1.Bhagyamma
S.Ramakrishnan ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Decree and Judgment passed by the
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C.M.A.No.1457 of 2020
Motor Accidents Claims Tribunal, (Additional District Court) Hosur in
M.C.O.P.No.555 of 2018 dated 04.02.2020.
For Appellant : Mr.S.Arunkumar
For R1 : No Appearance
For R2 : Mr.Pa.Sudesh Kumar
JUDGMENT
The appellant –Insurance company is aggrieved by the impugned
Judgment and decree dated 04.02.2020 passed by the Motor Accident
Claims Tribunal (Additional District Judge) Hosur in M.C.O.P.No.555 of
2018.
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.18,98,239/- as compensation together with interest
at 7.5% per annum, from the date of the claim petition, till the date of
deposit, payable by the appellant Insurance Company to the 1st
respondent/claimant for the death of Rajesh, who is the deceased son .
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C.M.A.No.1457 of 2020
3. Aggrieved by the same, the appellant Insurance Company has
filed this civil miscellaneous appeal.
4. The brief facts of the case is that the deceased Rajesh met with
an accident on 15.12.2007 while he was travelling on the insured Ashok
Leyland Bus bearing Reg.No.TN.29.E.3447 belonging to the 1st
respondent insured with the 2nd respondent which was driven by its
driver allegedly in a rash and negligent manner without following the
rules of the road. The deceased Rajesh stood up from his seat while he
was speaking on phone, the bus driver applied sudden brake, the
deceased Rajesh fell down. Due to the said impact, the deceased Rajesh
sustained grievous injuries and later died in the hospital.
5. After considering the evidence on record, the Tribunal has
awarded the aforesaid compensation of Rs.18,98,239/- as compensation,
to the 1st respondent-claimant who is the mother of the deceased Rajesh.
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C.M.A.No.1457 of 2020
6. Assailing the impugned Judgment and Decree, the learned
counsel for the appellant submits that the Tribunal erred in considering a
sum of Rs.12,000/- as the notional income of the deceased. The 1st
respondent has not produced any evidence to prove the avocation and
income of the deceased. It is submitted that the accident was of the year
2007 and therefore submits that in the absence of any documentary
evidence, the Tribunal should have considered the reasonable income of
the deceased for computing the compensation.
7. The leaned counsel for the appellant - Insurance company
submits that as per the decision of the Hon’ble Supreme Court in Syed
Sadiq Vs. United India Insurance Co.Ltd., (2014) 2 SCC 735, the
notional income of the deceased was considered as Rs.6,500/- p. m. for
an accident of the year 2007. He further submits that the same may be
adopted to this court.
.
8. The leaned counsel for the 1st respondent claimant submits that
the impugned Judgment and decree is well reasoned and required no
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C.M.A.No.1457 of 2020
interference. He further submits that the deceased was also an
agriculturist and engaged construction and supply of materials and
earning a sum of Rs.40,000/- p.m. and therefore the Tribunal has
considered lesser income of R.12,000/- p.m. for awarding the
compensation.
9. I have considered the arguments advanced by the learned
counsel for the appellant Insurance Company and perused the evidence
on record and the impugned Judgment and Decree passed by the
Tribunal.
10. The income of the deceased fixed by the Tribunal appears to be
high in absene of any evidence. Considering the fact that the 1 st
respondent /claimant has not produced any evidence to substantiate the
same, the income of the deceased is reduced to Rs.7,500/- from
Rs.12,000/- following the decision of the Hon’ble Supreme Court in
Syed Sadiq Vs. United India Insurance Co.Ltd., 2014 (1) TN MAC
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C.M.A.No.1457 of 2020
11. In view of the above, the compensation awarded by the
Tribunal is re-quantified under the various heads as follows:
Head and Calculation Compensation re-
quantified by this
Court
Income of the deceased : Rs.7,500/-
Add: Future prospectus at 40% : Rs.1,680/-
-------------
: Rs10,500/-
Less: Personal expenses at 1/2 : Rs.5,250/-
--------------
: Rs. 5,250/-
--------------
Annual Income –
(Rs.5,250 x12) : Rs.63,000/-
Multiplier – 17 (63,000 x 18) : Rs.11,34,000/- Rs.11,34,000/-
Loss of love and Affection Rs. 40,000/-
Funeral Expenses Rs. 15,000/-
Medical bills Rs. 28,839/-
Transportation Rs.10,000/-
Total Rs.12,27,839/-
rounded off to
Rs.12,28,000/-
* Loss of future prospects : Rs.5,18,400/- awarded by the Tribunal
as subsumed in Item No.1
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C.M.A.No.1457 of 2020
12. The appellant - Insurance company is therefore directed to
deposit the amount of compensation of Rs.12,28,000/- together with
interest at 7.5% per annum from the date of the claim petition till the date
of such deposit, less any amount already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgment.
13. On such deposit, the 1st respondent- claimant is permitted to
withdraw the same together with interest and cost, less any amount
already withdrawn, by filing suitable application before the Tribunal.
14. Accordingly, this Civil Miscellaneous Appeal is partly
allowed with the above observations. No cost. Consequently, connected
miscellaneous petition is closed.
23.04.2021
Internet : Yes / No
Index : Yes / No
kkd
To:-
The Motor Accident Claims Tribunal,
(Additional District Court) Hosur.
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Page No 7 of 8
C.M.A.No.1457 of 2020
C.SARAVANAN,J.
kkd
C.M.A.No.1457 of 2020
and
C.M.P.No.10669 of 2020
23.04.2021
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Page No 8 of 8
