Madras High Court
M/S.Reliance General Insurance ... vs V.C.Krishnaiah on 8 April, 2021
C.M.A.Nos.2183 of 2019 &
407 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.Nos.2183 of 2019 and
407 of 2011 and
C.M.P.No.9040 of 2019
C.M.A.No.2183 of 2019:-
M/s.Reliance General Insurance Company Ltd,
Haddows Road, Nungambakkam,
Chennai – 34. ... Appellant
Vs.
1.V.C.Krishnaiah
2.V.Padmavathy @ Padma
3.Rajini Devi ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 29.06.2010
made in M.C.O.P.No.4755 of 2007 on the file of the Motor Accidents
Claims Tribunal, Chief Court of Small Causes, Chennai.
For Appellant : M/s.Harini for
M/s.Gopalan Associates
For Respondents : M/s.P.T.Salim Fathima
C.M.A.No.407 of 2011:-
1.V.C.Krishnaiah
2.V.Padmavathy @ Padma ... Appellants
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Page No 1 of 7
C.M.A.Nos.2183 of 2019 &
407 of 2011
Vs.
1.Rajini Devi
2.The Reliance General Insurance Company Limited,
No.6, Haddows Road,
Nungambakkam, Chennai – 600 034. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 29.06.2010
made in M.C.O.P.No.4755 of 2007 on the file of the Motor Accidents
Claims Tribunal, Chief Court of Small Causes, Chennai.
For Appellant : M/s.P.T.Salim Fathima
For Respondents : M/s.Harini for
M/s.Gopalan Associates
COMMON JUDGMENT
By this common order, both these appeals are being disposed.
Since there are two appeals, the parties are arrayed as in the impugned
judgment and decree. The Tribunal has awarded a sum of Rs.18,60,000/-
as compensation as follows:-
Loss of dependency Rs.18,48,000/-
Loss of love and affection Rs. 10,000/-
Medical Expenses Rs. 2,000/-
Total Rs.18,60,000/-
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Page No 2 of 7
C.M.A.Nos.2183 of 2019 &
407 of 2011
2.C.M.A.No.2183 of 2019 has been filed by the Insurance
Company. In the said appeal, the appellant/Insurance Company has
questioned the quantum of compensation awarded by the Tribunal vide
its impugned judgment and decree dated 29.06.2010 in M.C.O.P.No.4755
of 2007. The claimants who are the parents of the deceased have filed
C.M.A.No.407 of 2011 for enhancement of compensation on the ground
that the Tribunal erred in part by applying the wrong multiplier by taking
mother's age and that the Tribunal failed to award compensation towards
Future Prospect.
3.Heard the learned counsel for the appellant and the respondent in
the respective appeals.
4.The learned counsel for the Insurance Company in
C.M.A.No.2183 of 2019 submits that the Tribunal erred in considering a
sum of Rs.22,000/- as the notional monthly income of the deceased, even
though, the deceased was only a 4th year student B.E. (E.C). She
therefore submits that the Compensation may re-determined by reducing
the notional income of the deceased. The learned counsel for the
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Page No 3 of 7
C.M.A.Nos.2183 of 2019 &
407 of 2011
claimant submits that the claimants have already withdrawn the amount
awarded by the Tribunal vide the impugned judgment and decree. He
therefore prays for dismissal of the appeal filed by the claimant for
enhancement of compensation.
5.The learned counsel for the claimant further submits that the
Tribunal erred in adopting the mother's age while awarding the
compensation and had failed to award any amount towards Future
Prospect.
6.I have heard the learned counsel for the appellants and the
respondents. The Tribunal has not correctly determined the
compensation payable to the claimants in as much as it has adopted the
wrong multiplier by taking the mother's age. The Tribunal has also not
awarded any amounts towards Future Prospects. In my view, the
Tribunal ought to have considered a notional income of Rs.19,000/- per
month for determining a just compensation payable to the claimants in as
much as the deceased was only a student who is persuing the 4 th Year
B.E.(E.C) and had not yet completed the same. Considering the same,
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Page No 4 of 7
C.M.A.Nos.2183 of 2019 &
407 of 2011
the compensation payable to the claimants are re-quantified as follows:-
1. Loss of dependency:- Rs.28,72,800/-
Monthly Income Rs. 19,000
Add:Future Prospect
40% Rs. 7,600
---------------
Rs. 26,600
Less:1/2 Personal expenses Rs. 13,300
---------------
Rs. 13,300
Annual Contribution
to the family
(13,300x12) Rs. 1,59,600
Multiplier x 18 Rs.28,72,800
2. Loss of Love and affection Rs.80,000/-
3. Funeral Medical Expenses Rs.15,000/-
4. Loss of estate Rs.15,000/-
Total Rs.29,82,800/-
7.The Appellant/Insurance Company is therefore directed to
deposit the compensation of Rs.29,82,800/- 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.
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C.M.A.Nos.2183 of 2019 &
407 of 2011
8.On such deposit being made by the Appellant/Insurance
Company, the claimant is permitted to withdraw the same together with
interest accrued thereon, less the amount already withdrawn if any, by
filing suitable application before the Tribunal.
9.In the result, the appeal filed by the appellant/Insurance
Company in C.M.A.No.2183 of 2019 is dismissed and C.M.A.No.407 of
2011 filed by the claimant is partly allowed. No cost. Consequently,
connected Civil Miscellaneous petition is closed.
08.04.2021
jas
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 Reliance General Insurance Company Limited,
No.6, Haddows Road,
Nungambakkam, Chennai – 600 034.
3.The Section Officer,
Vernacular Section,
Madras High Court.
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Page No 6 of 7
C.M.A.Nos.2183 of 2019 &
407 of 2011
C.SARAVANAN, J.
jas
C.M.A.Nos.2183 of 2019 and
407 of 2011
and
C.M.P.No.9040 of 2019
08.04.2021
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Page No 7 of 7
