Madras High Court
The New India Assurance Company ... vs Athilakshmi on 8 April, 2021
C.M.A.No.2133 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2133 of 2019
The New India Assurance Company Ltd,
Kerala,
By its Branch Office at
Villupuram. ... Appellant
Vs.
1.Athilakshmi
2.Duraisamy
3.Anooppa
(3rd respondent set exparte in the lower
Court. Hence notice to him is dispensed with) ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 08.11.2018
made in M.C.O.P.No.143 of 2015 on the file of the Motor Accidents
Claims Tribunal, Special District Judge, Villupuram.
For Appellant : Mr.R.Sivakumar
For Respondents : Mr.Mohammed for
M/s.S.Silambu Selvam for R1 & R2
R3 - Exparte
JUDGMENT
The Insurance company is the appellant in this appeal and is
aggreived by the impugned judgment and decree dated 08.11.2018
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C.M.A.No.2133 of 2019
passed by the Motor Accidents Claims Tribunal, Special District Judge,
Villupuram in M.C.O.P.No.143 of 2015.
2. By the impugned Judgment and decree, the Tribunal has
awarded a sum of Rs.11,96,400/- as compensation detailed below:-
Monthly income of the Rs.11,66,400/-
deceased
Rs.6,000x12 (Rs.72,000)
(-) Personal Expenses ½
(Rs.36,000)
Annual Income of the
deceased 72,000 x 40%
(+) 36,000 + 28800 =
(Rs.64,800 x 18)
Funeral Expenses Rs. 15,000/-
Loss of Estate Rs. 15,000/-
Total Rs.11,96,400/-
3.It is submitted that while arriving at the compensation of
Rs.11,96,400/- the Tribunal has committed an error.
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C.M.A.No.2133 of 2019
4.Heard the learned counsel for the appellant and the respondent.
5.The compensation of Rs.11,66,400/- determined by the Tribunal
is incorrect. The compensation is therefore re-computed as follows:-
Monthly income of the deceased Rs. 6,000 Rs.9,07,200/-
Annual Income
[6000x12] Rs.72,000
Annual Contribution of the
deceased to the family at 50% Rs.36,000
[72,000x1/2]
Add Future prospectus
at 40% [36,000+14,400] Rs.50,400
x 18 Multiplier
[50,400 x 18]
Funeral Expenses Rs. 15,000/-
Loss of Estate Rs. 15,000/-
Transportation Rs. 5,000/-
Total Rs.9,42,200/-
6.The Appellant/Insurance Company is therefore directed to
deposit the compensation of Rs.9,42,200/- 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.No.2133 of 2019
7.On such deposit being made by the Appellant/Insurance
Company, the 1st respondent/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.
8.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs.
08.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
Special District Judge, Villupuram.
2.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.2133 of 2019
C.SARAVANAN, J.
jas
C.M.A.No.2133 of 2019
08.04.2021
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