Madras High Court
National Insurance Co. Ltd vs Nirmala on 30 April, 2021
C.M.A.No.1776 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1776 of 2020
and
C.M.P.No.13091 of 2020
National Insurance Co. Ltd.,
Third Party (HUB) No.751,
3rd Floor, Anna Salai,
Chennai – 2. ... Appellant
Vs.
1.Nirmala,
W/o.Late Rajendra Prasad
2.Minor Sarathy
Minor represented by his guardian/Mother Nirmala
3.Vijaya,
W/o.Murugan
4.Murugan,
S/o.Periyasamy
5.M/s.N.F.Transport,
Old No.30, New No.27,
Kalyana Chetty Street, Korukkupet,
Chennai – 600 021.
6.ICICI Lombard General Insurance Co. Ltd.,
Chota Bhai Centre, 2nd Floor, 140,
Nungambakkam High Road, Nungambakkam,
Nungambakkam, Chennai – 34. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Award dated 05.03.2019 made in
M.C.O.P.No.6382 of 2013 on the file of the Motor Accidents Claims
Tribunal, Chief Court of Small Causes, Chennai.
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C.M.A.No.1776 of 2020
For Appellant : Mr.S.Arunkumar
For Respondents :
For R1 & R5 : No appearance
For R3 & R4 : Mr.V.Parivallal
For R6 : Mr.K.Poomalai
JUDGMENT
The Insurance Company is the appellant in this appeal. The
appellant/Insurance Company has sought for modification of the
impugned Judgment and decree dated 05.03.2019 passed by the Motor
Accidents Claims Tribunal, Chief Court of Small Causes, Chennai in
M.C.O.P.No.6382 of 2013.
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.36,00,000/- as compensation under the following
heads:-
Towards Loss of Future Dependency Rs.
Rs.15,000/- x 12 x 17 x ¾ + 40% = 32,13,000/-
Towards Loss of Estate = 15,000/-
Towards Funeral Expenses = 15,000/-
Towards Loss of Consortium = 40,000/-
Towards Transport Expenses = 17,000/-
Towards Loss of Love and Affection = 3,00,000/-
-----------------
Total = 36,00,000/-
-----------------
3. The Tribunal has awarded the above compensation by
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C.M.A.No.1776 of 2020
considering the notional monthly income of the deceased as Rs.15,000/-
per month.
4. In my view, the Tribunal has by and large awarded just
compensation stated that it ought have considered the same to
Rs.14,000/- as the monthly income arrived at the compensation.
5. The Tribunal has also awarded a sum of Rs.3,00,000/- towards
loss of love and affection appears to be contrary to the decision of the
Hon'ble Supreme Court in Magma Insurance Company Limited Vs
Nanuram @ Chuhruram and others, (2018) 18 SCC 130, as the 1st
respondent/wife of the deceased-Rajendra Prasad has already been
awarded a sum of Rs.40,000/- towards loss of consortium.
6. Under these circumstances, the compensation awarded by the
Tribunal for a sum of Rs.36,00,000/- is re-quantified as follows:-
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C.M.A.No.1776 of 2020
Heads and Calculation Amount
Loss of Dependency Rs.29,98,800/-
Rs.14,000/- + 40% x 12 x 17 -1/4
Loss of Consortium to the 1st respondent Rs. 40,000/-
Loss of Love and Affection to the 2nd respondent Rs. 40,000/-
Loss of Filial Consortium to 3rd & 4th respondents Rs. 80,000/-
Funeral Expenses Rs. 15,000/-
Loss of Estate Rs. 15,000/-
Transport Expenses Rs. 17,000/-
Total Rs.32,05,800/-
7. The appellant/insurance company is therefore directed to deposit
the compensation of Rs.32,05,800/- 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.
8. On such deposit being made by the appellant/insurance
company, the 1st, 3rd & 4th respondents/1st, 3rd & 4th claimants are
permitted to withdraw their respective shares in the same proportion as
was ordered by the Tribunal, together with interest accrued thereon, less
the amount already withdrawn if any, by filing suitable application before
the Tribunal.
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C.M.A.No.1776 of 2020
9. Since the 2nd respondent/2nd claimant is stated to be minor at the
time of filing of the claim petition, his share shall be deposited in an
interest bearing account and the interest shall be allowed to be withdrawn
by the 1st respondent/1st claimant for the benefit of the minor. On
attaining the age of majority, the 1st respondent/1st claimant may also file
appropriate application for withdrawing his share of compensation.
10. This Civil Miscellaneous Appeal stands partly allowed. No
costs. Consequently, connected Civil Miscellaneous Petition is closed.
30.04.2021
arb
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1. The Motor Accidents Claims Tribunal,
Chief Court of Small Causes, Chennai.
2. The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.1776 of 2020
C.SARAVANAN, J.
arb
C.M.A.No.1776 of 2020
and
C.M.P.No.13091 of 2020
30.04.2021
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