Madras High Court
The Manager vs Malarvizhi on 30 April, 2021
CMA.No.1571 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.04.2021
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
CMA.No.1571 of 2020
and
CMP.No. 11593 of 2020
The Manager
M/s Reliance General Insurance Co., Ltd.,
No.73,1st Floor, Officer's Line, Vellore. …. Appellant
Versus
1.Malarvizhi
2. Sambandan
3. Ganapathy …. Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act 1988, to set aside the decree and Judgment dated 30.08.2019 made
in M.C.O.P.No.14 of 2013 on the file of the Motor Accidents Claims Tribunal, I
Additional District and Sessions Judge, Vellore.
For Appellant : Mr.S. Arun Kumar
For R1 and R2 : M. Siva kumar for C.Prabakaran
For R3 : No Appearance
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CMA.No.1571 of 2020
JUDGMENT
(The Judgment of the Court was delivered by S.KANNAMMAL, J)
This Civil Miscellaneous Appeal has been filed by the appellant/
insurance company questioning the quantum of compensation awarded by the
I Additional District and Sessions Judge, Vellore in Motor Accidents Claims
Tribunal in M.C.O.P.No.14 of 2013 on 30.08.2019.
2. The brief facts of the case reads as follows
On 30.11.2012 at about 8.00 a.m the deceased Suresh riding his vehicle
bearing Registration No. TN 23 AR 3988 from Pallikaranai to Velacheri Road.
At that time on the same direction a water tanker lorry bearing Registration
No.TN 01 H 7411 driven by its driver in a rash and negligent manner and
dashed against the two wheeler, due to which, the deceased Suresh got
unbalanced and fell on the road on the right side, the Lorry tyre ran over the
said person and died on the spot itself. Hence the respondents 1 and 2 being
the parents of the deceased filed a claim petition in M.C.O.P No 14 of 2013
against the owner of the offending vehicle and the insurance company claiming
a sum of Rs. 2,00,00,000/- as compensation for the death of said Suresh.
'
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CMA.No.1571 of 2020
3. The third respondent owner of the vehicle involved in the accident
remained ex-parte before the tribunal.
4. The appellant/insurance company filed a counter statement wherein
they denied the averments made by the respondents 1 and 2 in the claim
petition.
5. When the matter came up before the tribunal, on the side of the
claimants two witnesses were examined via PW1 to PW4 and 8 documents
were marked as exhibits via Ex.P1 – P8. On the side of appellant/insurance
company, neither any witness was examined nor any documents were produced.
6. On appreciation of oral and documentary evidence, produced on the
side of claimants, the tribunal arrived at a finding that the accident had occurred
due to the rash and negligent driving of the driver of the third respondent’s
vehicle. By arriving at such a conclusion, the tribunal directed the appellant/
insurance company to pay a sum of Rs.84,28,271/- as compensation to the
respondents 1 and 2. The Tribunal further observed that the deceased had not
wore helment at the time of accident 15% was deducted towards the head
Contributory negligence. Aggrieved by the quantum of compensation awarded
by the tribunal, the appellant/insurance company has filed the present appeal.
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CMA.No.1571 of 2020
7. The learned counsel for the appellant/insurance company vehemently
argued that the compensation awarded by the tribunal is very huge which was
not even claimed by the claimants. The learned counsel would contend that the
tribunal went wrong in fixing 50% of future prospectus. The learned counsel
would also contend that the compensation awarded by the tribunal under
various heads are huge and sought for the interference of this court to reduce the
compensation.
8. On the other hand the learned counsel for the respondents supported
the Judgement and decree passed by the tribunal and prayed for dismissal of the
Civil Miscellaneous Appeal.
9. Heard both the sides. Perused the materials available on record.
10. Admittedly the deceased was working in Tata Consultancy as IT
analyst and thereby earning Rs.60,699/- per month.
11. With regard to the head loss of income the Tribunal has awarded 50%
towards future prospects. This Court is of the view that considering the age of
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CMA.No.1571 of 2020
the deceased 40% should be awarded towards future prospectus. Hence, the
monthly income of the deceased is fixed as Rs.60,699/- and the amount under
the head loss of income is arrived at Rs.78,01,045/-. (60,699/- X 12 = 7,28,388
after deducting 1/2 towards personal expenses= 3,64,194/-Rs.36,419/- =
Rs.3,27,775 40% of the said amount is added towards future prospects =
Rs.4,58,885/- and the correct multiplier to be added is 17 and the loss of income
comes to Rs.78,01,045/-). With regard to the head loss of love and affection,
without an iota of doubt grieving family should be compensated for the loss of
love and affection and the Tribunal has awarded Rs.50,000/- to the family
members towards the head loss of love and affection, which is very meager and
the same is enhanced to Rs.80,000/-. Further, under the head Transport and
Funeral Expenses the Tribunal has awarded Rs.5,000/- and the same is
enhanced to Rs.15,000/-. The Tribunal has not awarded any amount for loss of
estate which is to be fixed at Rs.15,000/-. The Tribunal has awarded
Rs,15,000/- towards the head Funeral Expenses which needs no interference
12. Taking all the above aspects into consideration, the compensation
awarded by the Tribunal stands modified as follows:
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CMA.No.1571 of 2020
Heads Amount awarded by Amount modified by this
the Tribunal (Rs.) Court (Rs.)
Loss of Income Rs.83,58,271/- Rs.78,01,045/-
Loss of Love and affection Rs.50,000/- Rs.80,000/-
Funeral Expenses Rs.15,000/- Rs.15,000/-
Transport Expenses Rs.5,000/- Rs.15,000/-
Loss of Estate -Nil- Rs.15,000/-
Total 84,28,271/- 79,26,045/-
As per the findings given by the Tribunal as the deceased had not wore helmet
at the time of accident 15% was deducted towards the head Contributory
negligence and awarded Rs. 71,64,030/- as compensation to the claimants, the
same is applied and by deducting 15% towards the head Contributory
negligence the award amount comes to Rs.67,37,138/- . Hence, the appellant
Insurance Company is directed to pay Rs.67,37,138/- as compensation to
the claimants.
In the result, the Civil Miscellaneous Appeal is Partly Allowed as
follows:-
(i) The award of the Tribunal is modified and reduced from Rs.71,64,030/-
to Rs.67,37,138 /-
(ii) The award amount will carry interest at the rate of 7.5% per annum
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CMA.No.1571 of 2020
from
the date of claim petition till the date of deposit.
(iii) In view of the above modified award amount, the appellant/Insurance
company is directed to deposit the award amount with proportionate
interest and costs, less the amount, if any, already deposited, within a
period of six weeks from the date of receipt of a copy of this order.
(iv) On such deposit, the claimants are permitted to withdraw the amount
awarded as above, by filing proper application before the Tribunal, less
the amount if any already withdrawn, with accrued interest. The
Tribunal shall pass appropriate directions for the disbursal of the
amount as stated supra on the filing of such application.
(v) Connected Miscellaneous petition in CMP.No. 11593 of 2020 is closed
.No Costs.
[R.P.S.,J] [S.K.,J]
30.04.2021
Index : Yes/No
Internet : Yes/No
Speaking/Non speaking order
smn
To
1. The Motor Accidents Claims Tribunal,
I Additional District and Sessions Judge, Vellore.
2. The Section Officer,
V.R.Section,
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CMA.No.1571 of 2020
High Court, Madras.
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
smn
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CMA.No.1571 of 2020
CMA.No.1571 of 2020
and
CMP.No. 11593 of 2019
30.04.2021
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