M/S. Reliance General Insurance ... vs Chinnadurai
2021 Latest Caselaw 23551 Mad

                                                                                CMA No.3436 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 01.12.2021

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                  C.M.A.No.3436 of 2021

                     M/s. Reliance General Insurance Company Limited,
                     Tiruchi.                                                      ... Appellant

                                                           Vs
                     1.Chinnadurai
                     2.Mani
                     3.Palaniyandi                                               ... Respondents


                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the Judgment and Decree in MCOP No.191 of
                     2009, dated 21.06.2016 on the file of the Motor Accident Claims Tribunal,
                     Chief Judicial Magistrate Court/Subordinate Court (Incharge), Ariyalur.


                                  For Appellant     : Mr. E. Rajadurai
                                                      for M/S.M.B.Gopalan Associates


                                                       *********




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https://www.mhc.tn.gov.in/judis
                                                                                  CMA No.3436 of 2021

                                                    JUDGMENT

Challenge in this Appeal is to the award of the Motor Accidents

Claims Tribunal, Ariyalur made in MCOP.No.191 of 2009 on 21.06.2016,

granting a sum of Rs.7,82,250/- as compensation for the death of one

Selvam S/o Chinnadurai, aged 27 years, in a motor accident that occurred

on 18.01.2009.

2. According to the claimants, who are the parents, the deceased

was riding TVS Victor motor cycle, which he had borrowed from one

Arivalagan, from Jeyamkondam to Kallathur. The lorry bearing

Reg.No.TN-46-H-4725 was parked on the road without any parking light or

warning. The deceased had dashed against the parked lorry and suffered

head injuries. As a result of the injuries, he died on the spot. An FIR was

registered against the driver of the lorry in FIR No.49 of 2008 under

Section 304(A) of IPC. Claiming that the deceased Selvam was working in a

sawmill and was earning about Rs.7,500/- per month and the claimants were

entirely dependent on him for their sustenance, the claimants sought for a

compensation of Rs.15,00,000/-.

https://www.mhc.tn.gov.in/judis CMA No.3436 of 2021

3. The same was resisted by the Insurance Company contending

that the deceased died due to accidental fall while over taking the lorry. The

case was closed as mistake of fact. It is also contended that the

compensation claimed is on the higher side. It is also claimed that the

deceased had also contributed the the accident.

4. The Tribunal on a consideration of evidence on record,

concluded that the accident had occurred due to the negligence of the lorry

driver and the deceased. The Tribunal apportioned negligence of 75% on

lorry driver and 25% on the deceased.

5. On the quantum, the Tribunal had taken the monthly income of

the deceased at Rs.6,000/-, adopted 50% future prospects and fixed the

monthly income at Rs.9,000/-. The Tribunal arrived at the total loss of

income at Rs.18,36,000/- and had deducted 50% towards personal expenses

and fixed loss of dependency at Rs.9,18,000/-. The Tribunal also awarded

Rs,1,00,000/- towards loss of love and affection and Rs.25,000/- towards

https://www.mhc.tn.gov.in/judis CMA No.3436 of 2021

funeral expenses. The total compensation arrived at, by the Tribunal is

Rs.10,43,000/- and after deducting 25% of the sum towards contributory

negligence, the Tribunal fixed total compensation payable at Rs.7,82,250/-

and apportioned Rs.5,00,000/- to the 2nd claimant and Rs.2,82,250/- to the

1st claimant. It is this award which is under challenge.

6. I have heard Mr.E.Rajadurai, learned counsel appearing for the

Insurance Company.

7. Despite his best efforts Mr.E.Rajadurai, is unable to show that

the compensation awarded by the Tribunal is on the higher side or un-

reasonable. The Tribunal had taken the monthly income only at Rs.6,000/-

though the accident had occurred in the year 2009. The future prospects

adopted is also in accordance with the judgment of the Hon'ble Supreme

Court in National Insurance Co. Ltd vs Pranay Sethi and others reported in

2017 (2) TN MAC 271. The Tribunal has deducted 25% towards

contributory negligence.

https://www.mhc.tn.gov.in/judis CMA No.3436 of 2021

8. I therefore see no reason to interfere with the award of the

Tribunal. The appeal fails and it is accordingly dismissed. No costs.

                                                                                      01.12.2021

                     Internet : Yes
                     Index        : No
                     Speaking order
                     dsa


                     To

The Chief Judicial Magistrate Court/Subordinate Court (Incharge), Ariyalur.

https://www.mhc.tn.gov.in/judis CMA No.3436 of 2021

R.SUBRAMANIAN, J.

dsa

C.M.A.No.3436 of 2021

01.12.2021

https://www.mhc.tn.gov.in/judis