Madras High Court
M/S.Iffco Tokio General ... vs Ramachandran on 26 August, 2021
C.M.A. No.2355 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. No.2355 of 2021
and CMP.No.13246 of 2021
M/s.Iffco Tokio General Insurance Company Limited,
Kingstone Park, II Floor,
No.19/1, Ramalinga Nagar,
Woraiyur, Trichy. ...appellant
Vs.
1. Ramachandran
2. Chettichi
3. S.Sudharkar ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act, 1988 against the judgment and decree made in
MCOP.No.360 of 2017, dated 13.03.2020 on the file of the Motor Accident
Claims Tribunal, Sessions Court, Perambalur.
For Appellant : Mr.M.B.Raghavan
For Respondents
for RR1 & 2 : Mr.T.Gobinah
for R3 : Set ex-parte before the Tribunal
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C.M.A. No.2355 of 2021
JUDGMENT
[Judgment of the Court was delivered V.SIVAGNANAM, J]
The appeal is heard through video conferencing.
2. Questioning the award passed by the Motor Accident Claims
Tribunal, Sessions Court, Perambalur, in MCOP.No.360 of 2017, dated
13.03.2020, the present appeal has been filed by the Insurance Company.
3. It is the case of the claimants/respondents 1 and 2, that on
05.03.2017 at about 3.30 p.m. the deceased Sekar was travelling as pillion
rider in the third respondent's Appachi two wheeler Vehicle bearing
Registration No.TN-46-T-9932 on the Esanai-Melapuliyur Road. When they
were nearing Madhavanai Ammal Koil Erikarai, the rider of the said two
wheeler drove the vehicle in a rash and negligent manner and dashed on the
the left side road stone. Due the impact, the deceased Sekar was thrown out
of the vehicle and sustained fatal injuries all over the body and died on the
spot. A case in Cr.No.225 of 2017 under Sections 279, 337 and 304A IPC
was registered against the driver of the two wheeler by the Perambalur
Police Station. The parents of the deceased Sekar laid a claim petition,
claiming a compensation of Rs.50,00,000/-.
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C.M.A. No.2355 of 2021
4. Resisting the claim petition, the Insurance Company filed their
counter disputing the manner of accident, age, avocation and income of the
deceased and its liability to pay the compensation.
5. To substantiate the case, on the side of the claimants PW1 and
PW2 were examined and Exs.P1 to P5 were marked. On the side of the
Insurance Company, RW1 and RW2 were examined and Exs.R1 to R5 were
marked.
6. The Tribunal, after considering the oral and documentary evidence
held that the accident had occurred due to the negligence of the rider of the
two wheeler and awarded a compensation of Rs.21,72,000/- along with the
interest at the rate of 7.5% p.a. Since the rider of the two wheeler did not
have valid driving licence at the time of the accident, the Tribunal directed
the Insurance Company to pay the above compensation amount at the first
instance and thereafter recover the same from the owner of the vehicle.
Assailing the award, the appellant/Insurance Company has filed the present
appeal.
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C.M.A. No.2355 of 2021
7. Heard the learned counsels appearing on either side and perused
the materials available on record.
8. This appeal has been filed only challenging the quantum, hence,
the other issues need not be dealt with herein.
9. It is the submission of the learned counsel for the appellant /
Insurance Company that the Tribunal fixed an exorbitant sum of
Rs.15,000/- as monthly income of the deceased without any valid proof and
also awarded excessive amounts under different heads. Consequently, the
sum of Rs.21,72,000/- awarded as compensation to the claimants, is on the
higher side and the same needs proper reduction.
10. Per contra, the learned counsel for the respondents 1 and 2 /
claimants made his submissions supporting the award passed by the
Tribunal and prayed to dismiss the appeal.
11. As alleged by the Insurance Company, considering the cost of
living prevalent at the time of the accident, this Court is of the view that a
sum of Rs.15,000/- fixed as monthly income of the deceased is on the
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C.M.A. No.2355 of 2021
higher side, hence, the same is reduced to Rs.13,000/-. By adding 40%
towards future prospects, the monthly salary of the deceased is arrived at
Rs.18,200/-. 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.9,100/-. So, the loss of dependency would be
Rs.18,56,400/- [9,100 x 12 x 17], by adopting multiplier "17". In addition to
that, this Court is inclined to modify the award of the Tribunal under the
conventional heads, viz., Rs.15,000/- towards Loss of Estate; Rs.15,000/-
towards Funeral Expenses; Rs.80,000/- towards Love & Affection;
Rs.5,000/- towards Transportation. In total, the claimants are entitled to
Rs.19,71,400/- along with interest at the rate of 7.5% per annum from the
date of claim petition till the date of realization.
12. The Tribunal found that the rider of the offending vehicle drove it
without having a valid and effective driving license and thereby violated the
terms and conditions of the Insurance Policy. Hence, the Tribunal directed
the appellant/Insurance Company to pay the award amount at the first
instance and thereafter recover the same from the third respondent/owner of
the two wheeler Vehicle bearing Registration No.TN-46-T-9932. The said
finding is confirmed.
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13. i) In view of the above modifications, the Civil Miscellaneous
Appeal is partly allowed. The appellant/Insurance Company is directed to
deposit the above modified award amount 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 order. 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 as fixed by the Tribunal to the claimants, is
hereby confirmed. No costs. Consequently, connected Miscellaneous
Petition is closed.
ii) The appellant/Insurance Company is permitted to recover the
above compensation amount in accordance with law from the third
respondent/ owner of the two wheeler Vehicle bearing Registration
No.TN-46-T-9932 after making payment to the claimants.
[M.K.K.S, J] [V.S.G., J]
26.08.2021
Index : Yes / No
Speaking order: Yes/No
pvs
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C.M.A. No.2355 of 2021
To
1. The Sessions Court, Perambalur
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.2355 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. No.2355 of 2021
26.08.2021
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