Madras High Court
The Divisional Manager vs V.Chandrappa on 23 August, 2021
C.M.A. Nos.2267 and 2269 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. Nos.2267 and 2269 of 2021
and CMP.Nos.12588, 12599 & 12604 of 2021
The Divisional Manager,
The New India Assurance Company Limited,
K.G.Swamy Complex, Bagalur Road, Hosur,
C/o. The Divisional Manager,
The New India Assurance Company Limited,
Legal Claims Hub, Sethukrishna Trade Centre,
No.1331/31-A, Trichy Road, 2nd Floor,
New Raja Sabari Theatre, Gugai Salem.
...appellant in both the petitions
Vs.
1. V.Chandrappa
2. M.Rajappa ...respondents in CMA.No.2267 of 2021
1. V.Chandrappa
2. Gowramma
3. M.Rajappa ...respondents in CMA.No.2269 of 2021
Prayer in CMA.No.2267 of 2021: Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicle Act, 1988 against the Judgment and
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C.M.A. Nos.2267 and 2269 of 2021
decree dated 05.09.2018 made in MCOP.No.39 of 2016 on the file of Motor
Accident Claims Tribunal (Additional District Court), Hosur.
Prayer in CMA.No.2269 of 2021: Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicle Act, 1988 against the Judgment and
decree dated 05.09.2018 made in MCOP.No.53 of 2016 on the file of Motor
Accident Claims Tribunal (Additional District Court), Hosur.
In CMA.No.2267 of 2021
For Appellant : Mr.A.Salomi
For Respondents
for R1 : Mr.M.Sivakumar
In CMA.No.2269 of 2021
For Appellant : Mr.A.Salomi
For Respondents
for RR1 & R2 : Mr.M.Sivakumar
COMMON JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J]
The appeals are heard through video conferencing.
2. Insurance Company has preferred these appeals challenging the
award passed by the Motor Accident Claims Tribunal (Additional District
Court), Hosur in MCOP.Nos.39 & 53 of 2016.
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C.M.A. Nos.2267 and 2269 of 2021
3. The brief facts of the case are that on 29.12.2014 morning, when
the deceased Manjunath was driving Mahindra Light Goods Vehicle bearing
Registration No.KA-51-A7885 with V.Chandrappa in the front cabin of the
said vehicle from Beergepali to Hosur, an unidentified vehicle came in the
opposite direction in a rash and negligent manner and hit the Mahindra
Light Goods Vehicle. In the impact, the deceased Manjunath had sustained
multiple injuries and died on the spot and V.Chandrappa was seriously
injured. Immediately, V.Chandrappa was taken to Government Hospital,
Hosur, wherein he was given first aid and thereafter referred to further
treatment. The Traffic Investigation Wing Police, Hosur, Krishnagiri
District have registered a case against the driver of the unidentified vehicle
in Crime No.386 of 2014 under Sections 279, 337 and 304(A) IPC. The
injured V.Chandrappa filed a claim petition MCOP.No.39 of 2016 claiming
a compensation of Rs.50,00,000/-. The parents of the deceased Manjunath
filed a claim petition MCOP.No.53 of 2016 claiming a compensation of
Rs.50,00,000/-.
4. The appellant, who is the insurer of the Mahindra Light Goods
Vehicle, had contested the claim petitions by filing counter stating that the
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C.M.A. Nos.2267 and 2269 of 2021
accident had occurred due to the negligent driving of the unidentified
vehicle and FIR was also registered against the driver of the said vehicle.
They also disputed the age, income and quantum claimed in the claim
petitions and stating it as excessive.
5. A joint trial was conducted before the Tribunal. In order to
establish the claimants' case, the father of the deceased Manjunath was
examined as PW1 and V.Chandrappa was examined as PW2 and Exs.P1 to
P15 were marked. On behalf of the Insurance Company, RW1 to RW3 were
examined and Exs.R1 to R4 were marked.
6. The Tribunal, after considering the oral and documentary evidence,
awarded compensation of Rs.19,28,762/- to the claimant in MCOP.No.39 of
2016 and Rs.24,79,200/- to the claimants in MCOP.No.53 of 2016. Since
the claimants had not produced the driving licence of the driver of the
Mahindra Light Goods Vehicle, the Tribunal directed the
appellant/Insurance Company to pay the above compensation to the
claimants at the first instance, with liberty to recover the same from
the owner of the Mahindra Light Goods Vehicle bearing Registration
No.KA-51-A7885.
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C.M.A. Nos.2267 and 2269 of 2021
7. Heard the learned counsel appearing on either side and perused the
materials available on record.
8. It is the contention of the learned counsel for the Insurance
Company that the Mahindra Light Goods Vehicle was not involved in the
accident, which was proved through RW1 to RW3 and Exs.R1 to R4, but
the Tribunal without proper appreciation, has fixed the negligence on the
driver of the said Vehicle.
9. On the other hand, the learned counsel for the claimants supported
the finding of the Tribunal.
10. The Tribunal, by relying upon Ex.P1 FIR and the evidence of
PW1 & PW2, rightly came to the conclusion that the accident had occurred
due to the negligent act of the driver of the Mahindra Light Goods Vehicle.
11. The appellant/Insurance Company examined RW3, Junior
Assistant from RTO Office to show that the deceased Manjunath was not
having valid driving licence at the time of the accident. It is an admitted fact
that the claimants did not produce the driving licence of Manjunath. In the
light of the above fact, the Tribunal has held that the appellant Insurance
Company is liable to pay the compensation amount and thereafter recover
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C.M.A. Nos.2267 and 2269 of 2021
the same from the owner of the vehicle. The said findings of the Tribunal
are confirmed.
In MCOP.No.39 of 2016
12. As regards quantum, the Tribunal has fixed the notional income of
the claimant at Rs.10,000/- per month and the permanent disability at 60%.
Thereafter, by applying multiplier method, awarded a sum of Rs.10,08,000/-
[10,000 x 12 x 60/100 x 14] towards Permanent Disability. Further, the
Tribunal has awarded Rs.3,88,762/- towards Medical Expenses;
Rs.1,00,000/- towards Future Medical Expenses; Rs.10,000/- towards
Transportation Charges; Rs.40,000/- towards Nutrition Charges;
Rs.50,000/- towards Attender Charges; Rs.50,000/- towards Pain and
Sufferings and Rs.30,000/- towards Discomfort, Frustration and Loss of
Social Enjoyment. The amounts awarded under the above heads are very
reasonable, which do not warrant any interference by this Court. However,
there is no evidence adduced by the claimants to award amount under the
head "Loss of Future Prospects". Hence, the sum of Rs.2,52,000/- awarded
by the Tribunal towards "Loss of Future Prospects" is hereby set aside.
Therefore, the sum of Rs.19,28,752/- awarded by the Tribunal is reduced to
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C.M.A. Nos.2267 and 2269 of 2021
Rs.16,76,762/-, which shall carry interest at the rate of 7.5% per annum
from the date of claim petition till the date of realization.
In MCOP.No.53 of 2016
13. Considering the cost of living prevalent at the time of the
accident, we are of the opinion that the sum of Rs.16,000/- fixed by the
Tribunal towards monthly income of the deceased Manjunath, appears to be
on the higher side. Hence, it is appropriate to fix a sum of Rs.10,000/- as the
monthly income of the deceased. Then, by adding 40% towards future
prospects, the monthly salary of the deceased is arrived at Rs.14,000/-.
Since the deceased was a bachelor, 50% of the amount is deducted towards
personal expenses, and this Court fixes the contribution to his family at
Rs.7,000/-. So, the Loss of Dependency is arrived at Rs.15,12,000/- [7,000
x 12 x 18], by adopting multiplier "18". In addition to that, this Court is
inclined to modify the award of the Tribunal under the conventional heads
viz., Rs.80,000/- towards Loss of Love and Affection; Rs.10,000/- towards
Transportation; Rs.15,000/- towards Funeral Expenses; Rs.15,000/- towards
Loss of Estate; In total, the claimants are entitled to Rs.16,32,000/- along
with interest at the rate of 7.5% per annum from the date of claim petition
till the date of realization.
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C.M.A. Nos.2267 and 2269 of 2021
14.i) In view of the above modifications, the Civil Miscellaneous
Appeals are partly allowed. The appellant/Insurance Company is directed
to deposit the above modified award amounts with accrued interest and
costs, less the amount already deposited, if any, within a period of eight
weeks from the date of receipt of a copy of this judgment. On such deposit,
the claimants are permitted to withdraw the award amount, less the amount
already withdrawn, if any, together with proportionate interest and costs.
The apportionment of shares fixed by the Tribunal to the claimants is
hereby confirmed. No costs. Consequently, connected Miscellaneous
Petitions are closed.
ii) The appellant / Insurance Company is permitted to recover the
above compensation amounts in accordance with law from the owner of the
Mahindra Light Goods Vehicle bearing Registration No.KA-51-A7885,
after making payments to the claimants.
[M.K.K.S, J] [V.S.G., J]
23.08.2021
Index : Yes / No
Speaking order: Yes/No
pvs
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C.M.A. Nos.2267 and 2269 of 2021
To
1. The Additional District Judge,
Hosur
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. Nos.2267 and 2269 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. Nos.2267 and 2269 of 2021
23.08.2021
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