M/S.National Insurance Co.Ltd vs I.Rajeswari
2021 Latest Caselaw 10867 Mad

                                                                               C.M.A.No.859 of 2013

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 28.04.2021

                                                           CORAM:

                                   THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                C.M.A.No.859 of 2013 and
                                                    MP.No.1 of 2013

                     M/s.National Insurance Co.Ltd.,
                     No.751, Anna Salai, 2nd Floor,
                     Chennai – 600 002                                         ... Appellant

                                                           Versus

                     1.I.Rajeswari
                     2.Minor I.Amuthavalli
                     3.Minor Velmurugan
                       (Minors 2 & 3 rep. by guardian
                        the first respondent mother)
                     4.N.Durai                                                 ... Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, against the judgment and decree passed in M.C.O.P.No.3845
                     of 2008 on 20.04.2012 on the file of the learned Motor Accident Claims
                     Tribunal (XVIII Additional District and Sessions Judge) at Chennai District.


                                           For Appellant     : Mr.J.Chandran

                                           For Respondents : No Appearance


                     Page 1 of 6


https://www.mhc.tn.gov.in/judis/
                                                                                  C.M.A.No.859 of 2013

                                                        JUDGMENT

This appeal has been laid as against the judgment and decree passed

in M.C.O.P.No.3845 of 2008 on 20.04.2012 on the file of the learned Motor

Accident Claims Tribunal (XVIII Additional District and Sessions Judge) at

Chennai District, thereby awarded the compensation to the tune of

Rs.9,72,000/-.

2. For the sake of convenience, the parties are referred to

hereunder according to their litigative status before the Tribunal.

3. The case of the claimants is that on 05.09.2008, when the

deceased was riding bicycle from Perungudi to Thoraipakkam along Old

Mahabalipuram Road south to north direction, the motorcycle which was

driven in rash and negligent manner dashed against him from behind. As a

result, he sustained severe injuries and died during the course of treatment.

Hence, the claimants filed claim petition seeking compensation at

Rs.12,00,000/-

https://www.mhc.tn.gov.in/judis/ C.M.A.No.859 of 2013

4. Resisting the same, the second respondent / appellant filed

counter stating that the rider of the motorcycle / first respondent does not

possess valid driving licence. That apart, the accident happened only due to

rash and negligent riding of the bicycle by the deceased. Therefore, the

second respondent is not held to be liable for any compensation to the

claimants and sought for dismissal of the claim petition.

5. On the side of the claimants, they examined P.W.1 to and P.W.3

and marked Ex.P.1 to Ex.P.5. On the side of the respondents neither oral nor

documentary evidence was let in. On the basis of the evidence available on

records and also considering the submission made by the learned counsel

appearing on either side, the Tribunal fastened negligence on the part of the

rider of the motorcycle and awarded compensation of Rs.9,72,000/- payable

by the respondents jointly and severally. Aggrieved by the same, the second

respondent came forward with the present appeal in respect of quantum of

compensation.

6. The learned counsel for the appellant would submit that the

deceased was aged about 38 years at the time of accident. Even then,

https://www.mhc.tn.gov.in/judis/ C.M.A.No.859 of 2013

applied multiplier at 16, which is highly excessive and exorbitant. The

accident took place only on the rash and negligent riding of the cycle by the

deceased and as such the claimants are entitled only under the head of no

fault liability. He further submits that the claimants failed to prove that the

deceased was Mason at the time of accident and was earning a sum of

Rs.350/- per month.

7. Heard Mr.J.Chandran, learned counsel appearing for the

appellant / second respondent.

8. On 05.09.2008, when the deceased was riding bicycle from

Perungudi to Thoraipakkam, the motorcycle owned by the first respondent

was driven in a rash and negligent manner and dashed behind the bicycle.

Due to which, the deceased sustained grievous injuries and died. Though the

claimants averred that the deceased was earning a sum of Rs.350/- per day,

the Tribunal had taken into consideration, the notional income at Rs.5,000/-

per month and rightly applied multiplier at 16. Insofar as other heads are

concerned, the Tribunal awarded just and reasonable compensation and as

https://www.mhc.tn.gov.in/judis/ C.M.A.No.859 of 2013

such this Court finds that the award passed by the Tribunal does not warrant

any interference.

9. Accordingly, this civil miscellaneous appeal is dismissed.

Consequently, connected Miscellaneous Petition is closed. No Costs. The

appellant/Insurance Company is directed to deposit the total compensation

of Rs.9,72,000/- with accrued interest and costs as determined at by the

Tribunal, within a period of six weeks from the date of receipt of a copy of

this judgment, after adjusting the amount, if any, already deposited. On such

deposit, the respondents 1 to 3/claimants are permitted to withdraw in

accordance with law, less the amount if any already withdrawn by them.

28.04.2021 Index:Yes/No Internet: Yes/no Speaking/Non-speaking Order

lok

https://www.mhc.tn.gov.in/judis/ C.M.A.No.859 of 2013

G.K.ILANTHIRAIYAN, J.

lok

To

1. The XVIII Additional District and Sessions Judge, Motor Accident Claims Tribunal at Chennai District

2.The Section Officer, V.R.Section, Madras High Court, Chennai.

C.M.A.No.859 of 2013

28.04.2021

https://www.mhc.tn.gov.in/judis/