Madras High Court
The Branch Manager vs Susila on 7 December, 2021
C.M.A.(MD).No.141 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.141 of 2020
and
Cross Objection (MD).No.25 of 2021
and
C.M.P.(MD).No.2461 of 2020
C.M.A.(MD).No.141 of 2020
The Branch Manager,
M/s. Oriental Insurance Company Limited,
Dindigul. ... Appellant
Vs.
1.Susila
2.Shanmugha Priya
3.Mohan Kumar
4.C.Subramani
5.The Branch Manager,
United India Insurance Company Limited,
1st Floor, P.B.No.23,
Salai Road,
Trichy.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988, against the decree and judgment made in M.C.O.P.No.3081 of
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.141 of 2020
2002, dated 19.04.2018, on the file of the Motor Accident Claims Tribunal cum I
Additional District Judge (PCR), Tiruchirapalli.
For Appellant : Mr.C.Karthik
For R1 to R3 : M/s.G.Yazhini
for Mr.P.Ganapathi Subramanian
For R5 : Mr.J.S.Murali
For R4 : No appearance
Cross Objection (MD).No.25 of 2021
1.Susila
2.Shanmugha Priya
3.Mohan Kumar ... Appellants
Vs.
1.The Branch Manager,
M/s. Oriental Insurance Company Limited,
Dindigul.
2.C.Subramani
3.The Branch Manager,
United India Insurance Company Limited,
1st Floor, P.B.No.23,
Salai Road,
Trichy.
... Respondents
2/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.141 of 2020
PRAYER: Cross Objection is filed under Order 41 Rule 2 of the Civil Procedure
Code against the fair and decreetal order dated 19.04.2018 passed in
M.C.O.P.No.3081 of 2018 on the file of the Motor Accident Claims Tribunal cum
I Additional District Judge (PCR), Tiruchirapalli.
For Appellant : M/s.G.Yazhini
for Mr.P.Ganapathi Subramanian
For R1 : Mr.C.Karthik
For R2 : No appearance
For R3 : Mr.J.S.Murali
COMMON JUDGMENT
The appellant / Oriental Insurance Company has filed this appeal,
challenging the award passed by the Motor Accident Claims Tribunal cum I
Additional District Judge (PCR), Tiruchirapalli in M.C.O.P.No.3081 of 2002,
dated 19.04.2018, on the ground that the claimants have impleaded the appellant /
Oriental Insurance Company as the third respondent in the M.C.O.P. only in the
year 2017 and hence, the Insurance Company is liable to pay interest only from
the year 2017. The respondents 1 to 5 in the appeal also filed Cross Objection in
Cros.Objection No.25 of 2021, seeking to enhance the award amount.
3/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.141 of 2020
2. The respondents 1 to 3/claimants filed M.C.O.P.No.3081 of 2002 before
the Motor Accident Claims Tribunal cum I Additional District Judge (PCR),
Tiruchirapalli, seeking compensation of Rs.10,00,000/-, for the death of the
husband of the first petitioner, who died in an accident occurred on 13.05.2000 at
about 1.30 p.m. While the deceased was returning from Palani by walk, on the
extreme left of the mud road, a Primary Health Centre Van bearing Registration
No.TN 29 Z 2199 proceeding from Dindigul to Trichy Main Road, came in a rash
and negligent manner without making any sound, dashed against the deceased.
Due to the said impact, the deceased sustained multiple injuries all over the body
and died on the way to the hospital. The Tribunal has awarded a sum of Rs.
6,41,000/-. Against which, the appellant / Oriental Insurance Company has filed
the present appeal.
3. The claimants have filed the Cross Objection to enhance the amount
awarded for Rs.3,00,000/-, in addition to the amount already awarded. In the
Cross Objection, the claimants have stated that for future prospects, no amount
was awarded.
4/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.141 of 2020
4. This Court has carefully considered the rival submission and perused the
materials available on record.
5. Considering the above facts, the claimants are entitled for 40% addition
for future prospectus. So, a sum of Rs.4,500/- is fixed for the income of the
deceased and added 40% towards future prospects (4,500 + 40% = 6,300). After
deducting 1/3rd towards his personal expenses, the contribution of the deceased is
arrived at Rs.4,200/-. By applying multiplier '16' the loss of income is fixed at
Rs.8,06,400/- (4,200 x 12 x 16) and Rs.40,000/- is awarded to each claimant
towards loss of love and affection (40,000 x 3 = 1,20,000). Further, Rs.15,000/- is
awarded towards transportation and funeral expenses and Rs.15,000/- towards
loss of estate. Accordingly, the award of the Tribunal is enhanced from Rs.
6,41,000/- to Rs.9,56,400/-.
6. In fine, the Civil Miscellaneous Appeal is partly allowed and the Cross
Objection is allowed. The claimants are entitled for Rs.9,56,400/- along with
interest at the rate of 7.5% per annum from 31.08.2017 till the date of realisation.
5/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.141 of 2020
The appellant/Insurance Company is directed to deposit the award amount with
accrued interest and costs, less the amount already deposited, if any, within a
period of six weeks from the date of receipt of a copy of this order. On such
deposit, the claimants are permitted to withdraw their share as apportioned by the
Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.
07.12.2021
akv
Intex : Yes/No
Internet : Yes/No
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The Motor Accident Claims Tribunal cum
I Additional District Judge (PCR),
Tiruchirapalli.
2.V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
6/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.141 of 2020
S.ANANTHI,J.
akv
C.M.A.(MD).No.141 of 2020
and
Cross Objection (MD).No.25 of 2021
07.12.2021
https://www.mhc.tn.gov.in/judis
