Madras High Court
Tata Aig General Insurance ... vs V. Senthamarai on 30 April, 2021
CMA No.4314 of 2019
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.4314 of 2019
and
CMP.No. 2440 of 2019
Tata AIG General Insurance Company
Limited
Jaya Enclave, Avinasi Road,
Coimbatore. …. Appellant
Versus
1.V. Senthamarai
2. S. Vellingiri
3. N .Elangovan
…. Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act 1988, to set aside the decree and Judgment dated 18th day of
March, 2019 made in M.C.O.P.No.465 of 2015 on the file of the Motor
Accidents Claims Tribunal (Sub Court, Sathyamangalam). Erode
For Appellant : Mr.K. vinod
For R1 and R2 : Mr.R. Nalliyappan
For R3 : Exparte
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CMA No.4314 of 2019
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
Motor Accident Claims Tribunal Sub Court, Sathiyamangalam, Erode passed in
M.C.O.P No. 4314/2019 dated 18.03.2019.
2. The brief facts of the case reads as follows
On 20.02.2016 at about 9PM the deceased V. Venkat Prasad was
travelling as a pillion rider in Bajaj Pulsar Motorcycle bearing registration
number TN-41-F-5361 driven by his friend Venkatesh Kumar at Pazhani to
Pollachi bypass road at Balasamudram four road junction, a Telco Heavy Goods
vehicle bearing registration number TCE-4399 came in the direction of east to
west in a rash and negligent manner, came at the right side from its direction
dashed against the motorcycle and caused the accident. Due to the accident, the
deceased V. Venkat Prasad and Venkatesh Kumar sustained serious head injury
and died at the spot of accident itself. Hence the respondents 1 and 2 being the
parents of the deceased filed a claim petition in M.C.O.P No 465/2015 against
the owner of the offending vehicle and the insurance company claiming a sum
of Rs. 20 lakhs as compensation for the death of said V. Venkat Prasad.
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CMA No.4314 of 2019
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 18.03.2019, on the
side of the claimants two witnesses were examined via PW1 and PW2 and 15
documents were marked as exhibits via Ex.P1 – P15. 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.27,58,000 as compensation to the
respondents 1 and 2. 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.4314 of 2019
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 assessing the loss of income of the deceased. It is
further contended that though the deceased was a student, the tribunal went
wrong in assessing the earnings at Rs.20,000 per month without any basis and
also went wrong in fixing 40% 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 a 1st year Engineering Student in Sri
Krishna College of Engineering and Technology.
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CMA No.4314 of 2019
11. With regard to the head loss of income the Tribunal has taken
Rs.20,000/- as notional monthly income and by adding 40% towards future
prospects and applying the multiplier 16 arrived Rs.26,88,000/- as
compensation. This Court is of the view that as the deceased was a college
going student a reasonable notional monthly income of Rs.18,000/- can be
fixed. Hence, the notional monthly income of the deceased is fixed at
Rs.18,000/- and the amount under the head loss of income is arrived at
Rs.24,19,200/-. (18,000/- + 40% = Rs.25,200-50% = 12,600 x 12 = 1,51,200
x16 = Rs.24,19,200/-.) 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.40,000/- 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.15,000/- each which needs no
interference. The Tribunal has not awarded any amount for loss of estate which
is to be fixed at Rs.15,000/-.
13. Taking all the above aspects into consideration, the compensation
awarded by the Tribunal stands modified as follows:
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CMA No.4314 of 2019
Heads Amount awarded by Amount modified by this
the Tribunal (Rs.) Court (Rs.)
Loss of Income Rs.26,88,000/- Rs.24,19,000/-
Funeral Expenses Rs.15,000/- Rs.15,000/-
Transport Expenses Rs.15,000/- Rs.15,000/-
Loss of Love and affection Rs.40,000/- Rs.80,000/-
Loss of Estate -Nil- Rs.15,000/-
Total 27,58,000 25,44,000
In the result, the Civil Miscellaneous Appeal is Partly Allowed as
follows:-
(i) The award of the Tribunal is modified and reduced from
Rs.27,58,000 to Rs.25,54,000/-
(ii) The award amount will carry interest at the rate of 7.5%
per annum 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
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CMA No.4314 of 2019
of the amount as stated supra on the filing of such application.
(v) Connected Miscellaneous petition in CMP.No. 2440 of 2019 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. Motor Accidents Claims Tribunal
(Sub Court, Sathyamangalam). Erode
2. The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA No.4314 of 2019
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
CMA.No.4314 of 2019
and
CMP.No. 2440 of 2019
30.04.2021
https://www.mhc.tn.gov.in/judis/
