Madras High Court
Arumugham vs The Commissioner on 19 April, 2021
C.M.A.No.3470 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3470 of 2019 and
C.M.P.No.173 of 2021
1.Arumugham
2.Alamelu
3.Geetha ... Appellants
Vs.
1.The Commissioner,
Corporation of Chennai.
2.The Manager,
United India Insurance Co Ltd,
73C, M.T.H.Road, Chennai -53. ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 19.02.2014
made in M.C.O.P.No.50 of 2012 on the file of the Motor Accidents
Claims Tribunal, Principal District Judge, Thiruvallur.
For Appellant : No appearance
For Respondent : M/s.Karthika Ashok
Senior Standing Counsel for R1
No appearance for R2
JUDGMENT
Though there is no representation on behalf of the appellant and
the 2nd respondent/Insurance Company and this appeal was taken up for
final disposal.
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C.M.A.No.3470 of 2019
2.The claimant has filed this appeal for enhancement of
compensation awarded by the Tribunal. By the impugned judgment and
decree dated 19.02.2014 M.C.O.P.No.50 of 2012, the Motor Accidents
Claims Tribunal, Principal District Judge, Thiruvallur has awarded a sum
of Rs.14,950/- under the following heads:-
Basic salary Rs.5,231-78
House Rent Allowance Rs.3,736-99
Conveyance Allowance Rs. 747-40
Telephone Allowance Rs. 597-92
Medical Allowance Rs. 896-88
Children education Rs. 149-48
Allowance
Washing Allowance Rs. 149-48
Leave Travel Allowance Rs. 896-88
Self development Rs. 747-40
Allowance
Others Rs. 1,793.75
Total Rs.14,947-96
Rounded to Rs.14,950-00
3.The Tribunal has exhonaratted the 2nd respondent/Insurance
Company holdings that the accident vehicle namely Lorry bearing
Registration No. TN-04-AD-1685 was not insured and therefore has
made the 1st respondent/Corporation Chennai liable to pay the aforesaid
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C.M.A.No.3470 of 2019
compensation. The Tribunal has also fixed 30% towards contributory
negligence on the deceased who travelled in the foot board of the bus and
thereby reduced the compensation while awarding the aforesaid
compensation to the appellants. The Tribunal has not awarded any
amount towards Future Prospectus. The Tribunal has awarded meagre
amount towards Loss of Love and affection.
4.Heard the learned counsel for the 1st respondent/Corporation of
Chennai.
5.The copy of the Insurance Policy number
011500/31/10/01/00004082 dated 17.12.2010 was filed before this
Court. It is marked as Ex.R1. The said policy indicates that it was valid
from 30.01.2011 to mid night of 29.01.2012. The accident took place on
11.08.2011 i.e, during the currency of the policy issued by the 2 nd
respondent/Insurance Company to the 1st respondent. In fact, before the
Tribunal, also the 2nd respondent has not stated that the lorry was not
insured and had merely stated that petitioner was required to prove that
the accident vehicle bearing Registration No.TN-04-AD-1685 had a valid
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C.M.A.No.3470 of 2019
insurance. Therefore, to that extent the impugned judgment and decree
holds that the 1st respondent is liable to pay compensation is set aside.
Accordingly, the 2nd respondent/Insurance Company is held liable for the
compensation for the death of the deceased Boopathy who met with an
accident while travelling foot board on the bus. The deceased was a
Diploma holder in Mechanical Engineer and was working as a Junior
Draftsman in A.R.G.Engineering Services and was receiving a monthly
salary of Rs.14,894/-. Therefore, after deducting 50% of the aforesaid
amount towards the compensation, the Tribunal should have added 40%
towards Future Prospectus. Therefore, the compensation awarded by the
Tribunal is liable enhanced as follows:-
Monthly Notional Income Rs.21,34,860
of the deceased Rs.14,950
+ Future Prospectus 40% Rs. 5,980
--------------
Rs.20930
- Personal Expenses 50% Rs.10465
------------
Rs.10465
Annual Contribution to the
family (10465 X 12) Rs.125580
--------------
Multiplier X 17 Rs.2134860
Towards Filial Consortium to the Rs. 80,000
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C.M.A.No.3470 of 2019
1st and 2nd appellants (40,000 x 2)
Loss of love and affection to the Rs. 40,000
3rd appellant/claimant
Funeral Expenses Rs. 15,000
Transport Expenses Rs. 10,000
Total Rs.22,79,860/-
6.The 2nd respondent/Insurance Company is therefore directed to
deposit the enhanced amount of compensation of Rs.22,79,860/- 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 eight weeks from the date of receipt of a copy of this
Judgment.
7.On such deposit being made by the respondent/Insurance
Company, the appellants/claimants are permitted to withdraw their shares
together with interest accrued thereon, less any amount already
withdrawn in the same proportion as was ordered by the Tribunal.
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C.M.A.No.3470 of 2019
8.This Civil Miscellaneous Appeal stands Partly Allowed with the
above observations. No costs. Consequently, connected Miscellaneous
Petition is closed.
19.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Commissioner,
Corporation of Chennai.
2.The Manager,
United India Insurance Co Ltd,
73C, M.T.H.Road, Chennai -53.
3.The Motor Accidents Claims Tribunal,
Principal District Judge, Thiruvallur.
4.The Section Officer,
Vernacular Section,
Madras High Court.
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C.M.A.No.3470 of 2019
C.SARAVANAN, J
jas
C.M.A.No.3470 of 2019
and
C.M.P.No.173 of 2021
19.04.2021
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C.M.A.No.3470 of 2019
C.M.A.No.3470 of 2019
C.SARAVANAN, J.
At the instance of the learned counsel for the petitioner, the
case is listed today under the caption ''for being mentioned''.
2.In order dated 19.04.2021, the compensation of Rs.22,79,860/- is
to be reduced at 30% on account of contributory negligence of the
deceased who travelled foot board of the MTC bus.
3.Therefore, in para 6 instead of Rs.22,79,860/- the amount to be
paid shall be substituted with Rs.15,95,902/-.
4.In para 6, the following sentence shall be added at beginning of
the para:
“6.The deceased was travelling foot board and
thus contributed to his death. This finding of the
Tribunal holding that the deceased was partly
responsible and contributed to his death has not been
contravened by the respondents. Therefore, 30% of
the contributory negligence fixed on the deceased by
the Tribunal is upheld....”
C.SARAVANAN, J.
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C.M.A.No.3470 of 2019
jas
5.Registry is directed to carry out the necessary corrections by
incorporating the above lines in beginning of para 6 and re-issue the order
copy to the respective counsel appearing for the parties.
22.06.2022
jas
C.M.A.No.3470 of 2019
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