Madras High Court
R.Revathi vs B.Ravikumar on 30 April, 2021
C.M.A.No.1553 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1553 of 2021
1.R.Revathi
2.Minor.R.Gurudeep
S/o.Rangaraj
3.Minor.R.Vishali
D/o.Rangaraj
(Appellants 2 and 3 are minors
rep by his guardian mother 1st
Appellant herein)
4.G.Ponnusamy
5.P.Rangathal ... Appellants
Vs.
1.B.Ravikumar
2.The Liberty Videocon General Insurance
Co.Ltd,
Vayaluran Tower, 2nd Floor,
DB Road, RS Puram,
Coimbatore – 641 002. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree order dated
07.09.2019 made in M.C.O.P.No.118 of 2018, on the file of the Motor
Accidents Claims Tribunal, IV Additional District Judge, Coimbatore.
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C.M.A.No.1553 of 2021
For Appellants : Mr.S.P.Yuvaraj
For Respondents : Mr.E.Rajadurai for
M/s.M.B.Gopalan Associates for R2
JUDGMENT
This appeal has been filed by the claimants for enhancement of
compensation awarded by the Tribunal in M.C.O.P.No.118 of 2018 in its
judgment and decree dated 07.09.2019 on the file of the Motor Accidents
Claims Tribunal, IV Additional District Judge, Coimbatore.
2.By the impugned judgement and decree, the Tribunal has
awarded a sum of Rs.23,38,000/- as compensation. The Tribunal has
awarded only a sum of Rs.40,000/- towards consortium. The Claimant
before this Court are the wife appellant/claimant, 2nd and 3rd appellants
are the minor childrens and the parents are the deceased Rangaraj. Since
the issue is squarely covered by the decision of the Hon'ble Supreme
Court in Magma Insurance Company Limited Vs Nanuram @
Chuhruram and others, (2018) 18 SCC 130, I am inclined to enhance
the compensation by another sum of Rs.1,60,000/- in terms of the
decision of the Magma Insurance Company Limited Vs Nanuram @
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C.M.A.No.1553 of 2021
Chuhruram and others, (2018) 18 SCC 130. This amount shall be an
proportionate equally in favour of the 2nd 3rd, 4th and 5th appellants herein.
In the result the true compensation is enhanced to Rs.24,98,000
[23,38,000 + 1,60,000] which is rounded off to Rs.25,00,000.
3.The 2nd respondent/Insurance Company is directed to deposit a
sum of Rs.25,00,000 (Rupees Twenty Five Lakhs only) together with
interest at 7.5% per annum from the date 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 the copy of this Judgment.
4.On such deposit, the 1st, 4th, and 5th appellants/claimants are
entitled to withdraw their amount together with interest as directed by the
Tribunal, by filing suitable application before Tribunal.
5.Since the 2nd and 3rd appellant/2nd and 3rd claimants are stated to
be minor at the time of filing of the claim petition, their share shall be
deposited in an interest bearing account and the interest shall be allowed
to be withdrawn by their guardina mother/1st appellant for the benefit of
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C.M.A.No.1553 of 2021
the minor. On attaining the age of majority, the the 2 nd and 3rd
appellant/2nd and 3rd claimants may also file appropriate application
before the Tribunal for withdrawing his share of compensation.
6.This Civil Miscellaneous Appeal is allowed with the above
observations and directions. No costs.
30.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Liberty Videocon General Insurance
Co.Ltd,
Vayaluran Tower, 2nd Floor,
DB Road, RS Puram,
Coimbatore – 641 002.
2.The Motor Accidents Claims Tribunal,
IV Additional District Judge, Coimbatore
3.The V.R.Section,
Madras High Court, Madras.
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C.M.A.No.1553 of 2021
C.SARAVANAN, J.
jas
C.M.A.No.1553 of 2021
30.04.2021
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