Madras High Court
The Branch Manager vs Renuka on 6 December, 2021
C.M.A. No.3396 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. No.3396 of 2021
and CMP.No.19588 of 2021
The Branch Manager,
Shriram General Insurance Co. Ltd.,
Rajasthan ...appellant
Vs.
1. Renuka
2. Dhanaselvi
3. Minor Bharathraj
4. Minor Logeshwaran
5. Minor Monisha
[Minors are represented by their mother/next friend
the 2nd respondent herein]
6. Kanchana ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act, 1988 against the award dated 07.04.2021 made in
MCOP.No.776 of 2015 on the file of Motor Accident Claims Tribunal/
II Additional Court, Puducherry.
For Appellant : Mr.S.Dhaksnamoorthy
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C.M.A. No.3396 of 2021
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J]
The appeal is heard through video conferencing.
2. This appeal arises out of the award passed by the Motor Accident
Claims Tribunal/II Additional Court, Puducherry in MCOP.No.776 of 2015,
dated 07.04.2021.
3. The brief facts, which are necessary for disposal of the appeal
would run thus:-
On 10.02.2015 at about 23.15 hours, the deceased Sivaraj was driving
Swaraj Mazda bearing Registration No.TN-31-AD-2763 on Puducheery to
Tindivanam Road. At that time, another Swaraj Mazda bearing Registration
No.PY-01-S-5315 was parked on the middle of the road by its driver near
Molasur Erikarai and the deceased without noticing the same, dashed
against the said vehicle and sustained severe injuries. Immediately, he was
taken to JIPMER Hospital, but he died on the very next day.
4. According to the respondents 1 to 5/claimants, the deceased was
working as a driver and earning a sum of Rs.1,000/- per day. Since the
accident had occurred due to the negligence of the driver of the sixth
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respondent's vehicle, they laid a claim petition claiming a sum of
Rs.40,25,000/- as compensation.
5. The Insurance Company resisted the claim, disputing the manner
of accident, age, occupation and income of the deceased and their liability
to pay the compensation.
6. Before the Tribunal, on the side of the claimants, PW1 to PW3
were examined and Exs.P1 to P22 were marked. On the side of the
Insurance Company, RW1 was examined, but no document was marked.
7. The Tribunal, on an appreciation of the evidence, came to the
conclusion that the accident had occurred due to the negligence of the
driver of the sixth respondent's vehicle. By coming to such conclusion, the
Tribunal awarded a compensation of Rs.26,72,500/- along with interest at
7.5% per annum and directed the appellant/Insurance Company to pay the
above compensation. Questioning the award, the present appeal has been
filed by the Insurance Company.
8. The learned counsel appearing of the appellant/Insurance Company
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C.M.A. No.3396 of 2021
would submit that the monthly income taken by the Tribunal for calculating
Loss of Income for the deceased was on the higher side. Further, the
Tribunal has not followed the legal precedents of the Hon'ble Apex Court
while arriving at the quantum.
9. Heard the learned counsel appearing for the appellant/Insurance
Company and perused the materials available on record.
10. In the instant case, it is not in dispute that the deceased Sivaraj
met with an accident and died on 11.02.2015 and his legal heirs, viz, wife,
children and mother are claimants. In the claim petition, it is stated that the
deceased was working as a driver and earning Rs.1,000/- per day. The
Tribunal, by following the decision of this Court in Mythili and others vs.
A.Lakshmi, Universl Sompo General Insurance Co. Ltd., Chennai,
wherein the decision of the Supreme Court in the case of Neeta vs.
Divisional Manager, MSRTC, Kothapur was relied upon, fixed the
monthly income of the deceased at Rs.12,000/- p.m. Then, by adding 40%
of the income towards future prospects, the Tribunal arrived the actual
monthly income of the deceased at Rs.16,800/- [12,000 + 4,800]. Since the
dependents are 5 in numbers, the Tribunal, by deducting 1/4 towards
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C.M.A. No.3396 of 2021
personal expenses of the deceased, arrived at the loss of dependency at
Rs.12,600/- [16,800 - 4,200]. Considering the age of the deceased at the
time of the accident, multiplier "16" was applied and thereby, the Tribunal
arrived the Loss of Income at Rs.24,19,200/- [12,600 x 12 x 16].
11. In addition to that, the Tribunal awarded a sum of Rs.44,000/-
towards Loss of Filial Consortium to the first claimant; Rs.44,000/- towards
Loss of Spousal Consortium to the second claimant; Rs.1,32,000/- towards
Loss of Parental Consortium to the claimants 3 to 5; Rs.16,500/- towards
Funeral Expenses; and Rs.16,500/- towards Loss of Estate, and the same are
confirmed. In total, the Tribunal has awarded a sum of Rs.26,72,500/- (by
rounding of 26,72,200) along with interest at 7.5% from the date of claim
petition till the date of deposit. In our considered view, the impugned award
of the Tribunal is fair and reasonable, which does not warrant interference
by this Court. In fine, the impugned award is confirmed and the appeal is
liable to be dismissed.
12. In view of the above, the Civil Miscellaneous Appeal is
dismissed. The appellant/Insurance Company is directed to deposit the
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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 judgment. On such deposit, the claimants 1 and 2 are
permitted to withdraw the award amount, less the amount already
withdrawn, if any, together with proportionate interest and costs. Insofar as
the claimants 3 to 5/minor children of the deceased are concerned, their
respective shares shall be deposited by the Tribunal in any Fixed Deposit
Scheme in any one of the Nationalised Banks and it shall be renewed
periodically till they attain majority and the interest accrued thereon shall be
withdrawn by the second claimant/mother once in three months. The
apportionment of shares as fixed by the Tribunal to the claimants is hereby
confirmed. No costs. Consequently, connected Miscellaneous Petition is
closed.
[M.K.K.S, J] [V.S.G., J]
06.12.2021
Index : Yes / No
Speaking order: Yes/No
pvs
To
1. II Additional Judge, Puducherry,
Motor Accident Claims Tribunal
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.3396 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. No.3396 of 2021
06.12.2021
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