Madras High Court
M/S.Reliance General Insurance ... vs V.Geetha on 8 April, 2021
C.M.A.Nos.1173 and 1176 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.Nos.1173 and 1176 of 2021
M/s.Reliance General Insurance Co. Ltd.,
Reliance House, 6th Floor, No.6,
Haddows Road, Nungambakkam,
Chennai – 600034. … Appellant in both appeals
Vs.
1.V.Geetha
W/o.M.Raju
2.M.Bhuvaneswari … Respondents in C.M.A.No.
1173 of 2021
1.K.Komala
W/o.Late I.Kathirvel
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C.M.A.Nos.1173 and 1176 of 2021
2.Jenisri
D/o.Late I.Kathirvel
3.Minor Susmeetha Sri
D/.Late I.Kathirvel
(minor represented by her mother &
Next friend K.Komala)
4.M.Bhuvaneswari … Respondents in C.M.A.No.
1176 of 2021
Common Prayer:
Civil Miscellaneous Appeals filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 27.08.2019 passed in
M.C.O.P.Nos.2829 and 6769 of 2014 on the file of Motor Accident Claims
Tribunal, Special Sub Court I, Chennai.
For Appellant : Mr.S.Arun Kumar
[in both appeals]
For Respondents : Mr.R.Kalaiarasan
[in both appeals] [R1 in C.M.A.No.1173 of 2021 &
R1 to R3 in C.M.A.No.1176 of 2021]
Ex parte
[R2 in C.M.A.No.1173 of 2021 &
R4 in C.M.A.No.1176 of 2021]
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C.M.A.Nos.1173 and 1176 of 2021
*****
COMMON JUDGMENT
[The common Judgment of the Court was delivered by R.SUBBIAH, J]
These matters are heard through Video Conferencing.
2. Challenging the quantum of compensation awarded by the Tribunal in
and by its judgment and decree dated 27.08.2019 passed in M.C.O.P.Nos.2829
and 6769 of 2014 on the file of Motor Accident Claims Tribunal, Special Sub
Court I, Chennai, the appellant Insurance Company has filed the present
appeals.
3. The brief facts of the case are as follows:
First respondent in C.M.A.No.1173 of 2021 is the mother of the deceased
Arun Kumar. Respondents 1 to 3 in C.M.A.No.1176 of 2021 are the wife,
daughter and minor daughter of the deceased Kathirvel. On 25.02.2014 at about
15.00 hours, while both the deceased were travelling as passengers in Maxi Cab
bearing Registration No.TN-09-BS-3624 from Kalapattu to Chennai, the driver
of the Maxi Cab driven the same in a rash and negligent manner and dashed
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C.M.A.Nos.1173 and 1176 of 2021
against the road side tree, as a result of which the deceased sustained grievous
injuries and died on the spot. Hence, respondents/claimants filed claim petitions
seeking compensation in sums of Rs.75,00,000/- and Rs.45,00,000/-
respectively.
4. Resisting the claim, the Insurance Company had filed a detailed
counter inter alia stating that the accident had not occurred in the manner as
projected by claimants. They further denied the age, occupation and income of
the deceased.
5. To prove their claim, before the Tribunal, the claimants examined 4
witnesses and marked 28 documents. On the side of Insurance Company none
were examined and no exhibits were marked.
6. On appreciation of materials, the Tribunal, found that the accident had
occurred due to the rash and negligent driving of the Maxi Cab bearing
Registration No.TN-09-BS-3624 and held that the appellant Insurance
Company, being the insurer of the offending vehicle, is liable to pay
compensation. The compensation awarded by the Tribunal is as follows:
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C.M.A.Nos.1173 and 1176 of 2021
Compensation awarded under M.C.O.P.No.282 M.C.O.P.No.
Sl.No. 6769 of 2014
the head 9 of 2014
Amount (in Rs.) Amount (in
Rs.)
1. Loss of dependency 37,84,664/- 28,56,000/-
2. Loss of love and affection 50,000/- 25,000/-
3. Loss of consortium 40,000/- -
4. Loss of estate 15,000/- 15,000/-
5. Funeral expenses 15,000/- 15,000/-
6. Transport charges 5,000/- 5,000/-
Total 39,09,664/- 29,16,000/-
Rounded off to 39,09,700/- -
The said sum was directed to be paid together with interest at 7.5% p.a. from
the date of claim petition till the date of realization.
7. C.M.A.No.1173 of 2021 [M.C.O.P.No.6769 of 2014]
(i) Learned counsel for appellant Insurance Company submits that it is
the case of claimant that the deceased was working as an Admin Executive in
M/s.Venkateswara Foods, Chennai and was earning a sum of Rs.25,000/- p.m.
Absolutely, no documentary proof was produced to show that the deceased was
earning a sum of Rs.25,000/- p.m. However, the Tribunal had fixed the notional
monthly income at Rs.20,000/- and awarded a sum of Rs.28,56,000/- as
compensation under the head ‘loss of dependency’. The contention of learned
counsel is that in the absence of any documentary proof, the Tribunal ought not
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C.M.A.Nos.1173 and 1176 of 2021
to have fixed a sum of Rs.20,000/- as the monthly income of the deceased.
Thus, learned counsel prays this Court for proper reduction of compensation.
(ii) Learned counsel for first respondent/claimant made his submissions
supporting the award passed by the Tribunal.
(iii) Since only the quantum of compensation is challenged in the present
appeal, this Court is not dealing with the other aspects of the award.
(iv) This Court has considered the rival submissions and perused the
materials on record.
(v) The accident took place in the year 2014. As rightly submitted by the
learned counsel for appellant Insurance Company, the amount of Rs.20,000/-
fixed by the Tribunal as the monthly income of the deceased, in the absence of
any documentary proof, is on the higher side. Hence, this Court fixes a sum of
Rs.15,000/- as the monthly income of the deceased to arrive at a just and
reasonable compensation. Accordingly, the compensation payable under the
head ‘loss of dependency’ is recalculated as follows:
Monthly Income : Rs. 15,000/-
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C.M.A.Nos.1173 and 1176 of 2021
Add: 40% future prospects : Rs. 6,000/-
-------------------
Rs. 21,000/-
Less:Personal expenses (1/2) : Rs. 10,500/-
-------------------
Rs. 10,500/-
Annual Income (10500 * 12) : Rs.1,26,000/-
Multiplier : x 17
-------------------
Rs.21,42,000/-
-------------------
Further, the sum of Rs.25,000/- awarded towards loss of love and affection is
set aside. Instead, a sum of Rs.80,000/- is awarded towards filial consortium. In
all other aspects, the award of the Tribunal is confirmed. Accordingly, the
modified compensation payable would be:
Compensation awarded under Award of
Award of the
Sl.No. this Court
the head Tribunal
1. Loss of dependency 28,56,000/- 21,42,000/-
2. Loss of love and affection 25,000/- -
3. Filial consortium - 80,000/-
4. Loss of estate 15,000/- 15,000/-
5. Funeral expenses 15,000/- 15,000/-
6. Transport charges 5,000/- 5,000/-
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C.M.A.Nos.1173 and 1176 of 2021
Total 29,16,000/- 22,57,000/-
8. C.M.A.No.1176 of 2021 [M.C.O.P.No.2829 of 2014]
(i) Learned counsel for appellant Insurance Company submits that it is
the case of claimants that the deceased Kathirvel was working as a Special Sub-
Inspector of Police and was earning a sum of Rs.36,000/- p.m. However, the
Tribunal, on the basis of Ex.P5 – Pay Slip, had fixed the monthly income of the
deceased at Rs.27,993/-, added 30% towards future prospects and fixed the
monthly income of the deceased at Rs.36,391/-. It is the contention of learned
counsel that the deceased was aged 51 years at the time of accident. In such
circumstances, the Tribunal ought to have added 15% of the salary towards
future prospects. Instead, the Tribunal had added 30% towards future prospects.
Therefore, the amount awarded by the Tribunal needs proper reduction by way
of re-calculation.
(ii) Countering the said submission, learned counsel for respondents 1 to
3/claimants submits that as per Ex.P5 – Pay Slip, the gross salary of the
deceased was Rs.34,072/-. But, the Tribunal had taken only the net income of
Rs.27,993/- as the monthly income of the deceased. In such circumstances,
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C.M.A.Nos.1173 and 1176 of 2021
absolutely there is no need to reduce the compensation awarded by the
Tribunal.
(iii) Since only the quantum of compensation is challenged in the present
appeal, this Court is not dealing with the other aspects of the award.
(iv) This Court has considered the rival submissions and perused the
materials on record.
(v) The deceased was aged 51 years at the time of accident. As per the
judgment of the Honourable Supreme Court, only 15% has to be added towards
future prospects. However, the Tribunal had added 30% towards future
prospects. At the same time, it could be seen that the Tribunal had taken only
the net income of the deceased as the monthly income. If the gross salary of
Rs.34,072/- is fixed as the monthly income of the deceased, the compensation
payable under the head ‘loss of dependency’ would be Rs.38,40,850/-
[34,072*12+,15% (-) 27,019 (I.T) * 13 (-) 1/3). However, the Tribunal had
awarded only a sum of Rs.37,84,664/- as compensation under the head ‘loss of
dependency’. Therefore, absolutely, there is no need to interfere with the award
passed by the Tribunal. Accordingly, the award passed by the Tribunal is
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C.M.A.Nos.1173 and 1176 of 2021
hereby confirmed.
In the result,
C.M.A.No.1173 of 2021 is partly allowed. The compensation of
Rs.29,16,000/-awarded by the Tribunal is hereby reduced to
Rs.22,57,000/-. The Insurance Company is directed to deposit the
reduced compensation of Rs.22,57,000/-, less the amount already
deposited, together with interest at 7.5% p.a. from the date of claim
petition till the date of deposit within a period of four weeks from the
date of receipt of this judgment. On such deposit being made, the
respondents 1 and 2/ claimants are entitled to withdraw their
respective shares, as apportioned by Tribunal, on due application. The
share of the minor respondent shall be deposited in a fixed deposit in
anyone of the nationalized bank till she attains majority. The first
respondent/mother of the minor is entitled to withdraw interest once
in three months towards taking care of the minor.
C.M.A.No.1176 of 2021 is dismissed.
No costs. Connected miscellaneous petitions are closed.
[R.P.S., J] [S.K., J]
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C.M.A.Nos.1173 and 1176 of 2021
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Speaking order
Index:yes/no
gm
To
1.The Motor Accident Claims Tribunal,
Special Sub Court I, Chennai.
2.The VR Section,
High Court, Madras.
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C.M.A.Nos.1173 and 1176 of 2021
R.SUBBIAH, J
AND
S.KANNAMMAL, J
gm
C.M.A.Nos.1173 and 1176 of 2021
08.04.2021
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