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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Page No 1 of 6
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
compensation under the correct heads except that it ought have
considered the notional income of the deceased as Rs.14,000/- per month
to arrive at the compensation.
5. The Tribunal has also wrongly awarded a sum of Rs.3,00,000/-
towards loss of love and affection. It 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 appellants/claimants are entitled to the equal share of the
compensation. The 1st respondent/1st claimant, 3rd respondent/3rd
claimant and 4th respondent/4th claimant are permitted to withdraw the
same equally together with interest accrued thereon, less any amount
already withdrawn, by filing suitable applications 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, 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 1 st
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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Page No 6 of 6
C.M.A.No.1776 of 2020
C.M.A.No.1776 of 2020
and
C.M.P.No.13091 of 2020
(Through Video Conferencing)
C. SARAVANAN, J.
At request of the learned counsel for the third and fourth
respondents, this Civil Miscellaneous Appeal was listed under the
caption “for clarification”.
2. The learned counsel for the third and fourth respondents
submits that the compensation awarded may be apportioned equally
between the claimants who are the first to fourth respondents. There is no
objection from the side of the appellant.
3. In view of the same, Paragraph Nos.8 and 9 shall substituted as
follows:-
8. On such deposit being made by the
appellant/insurance company, the appellants are
entitled to the equal share. The 1st, 3rd and 4th
respondents / 1st, 3rd and 4th claimants are permitted
to withdraw their respective shares together with
interest, less any amount already withdrawn, by
filing suitable application before the Tribunal.
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C.M.A.No.1776 of 2020
C. SARAVANAN, J.
jen
9. Since the 2nd respondent / 2nd claimant is the
minor, his share shall be deposited in any one of the
Nationalised Banks under reinvestment scheme till
he attains the age of majority. The first respondent,
who is the guardian of the minor, is permitted to
withdraw the accrued interest from the deposit once
in three months directly from the said Bank. On
attaining majority, the 2nd respondent / 2nd claimant is
to be permitted to withdraw his share, by filing
suitable application before the Tribunal.
4. Registry is directed to furnish a fresh copy of the order to the
parties.
21.06.2021
jas
C.M.A.No.1776 of 2020 and
C.M.P.No.13091 of 2020
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