Madras High Court
National Insurance Company ... vs Anuradha on 7 December, 2021
C.M.A.(MD)No.891 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.891 of 2019
and
C.M.P.(MD)Nos.5879 and 11739 of 2019
National Insurance Company Limited,
Rep.by its Branch Manager,
Regional Office,
No.1754/1756, Ganesh Comples,
Manojiappa Stree, Thanjavur City,
Thanjavur District. ...Appellant/Respondent No.2
Vs.
1.Anuradha
2.Abinesh
3.Minor Sridha
4.Minor Subadharshini
5.Ramayee ...Respondent Nos.1 to 5/Petitioners
6.Waltar ...Respondent No.6/Respondent No.1
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the judgment and decree made in
M.C.O.P.No.137 of 2017, dated 28.03.2019 on the file of the Motor
Accidents Claims Tribunal/III Additional District and Sessions Court,
Thanjavur @ Pattukkottai.
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.891 of 2019
For Appellant :Mr.J.S.Murali
For R1 to R5 :Mr.M.Viji
For R6 :No Appearance
JUDGMENT
This Civil Miscellaneous Appeal is filed by the appellant to set aside
the judgment and decree made in M.C.O.P.No.137 of 2017, dated 28.03.2019
on the file of the Motor Accidents Claims Tribunal/III Additional District and
Sessions Court, Thanjavur @ Pattukkottai on the ground that the quantum of
compensation awarded by the Tribunal is very high.
2.It is a case of fatal accident. On 16.08.2017 when the deceased was
riding in his two wheeler from Ramanathapuram to Sayalkudi ECR Road
near Pulanthai Village, Mangaleshwari Nagar, a Maruthi Alto 800 Car
bearing Registration No.TN-65-W-9184 from opposite direction was driven
by its driver in a rash and negligent manner and hit the two wheeler. Due to
the said accident, the deceased sustained grievous injuries and died on the
spot.
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C.M.A.(MD)No.891 of 2019
3.The claimants have filed a petition in M.C.O.P.No.137 of 2017 on
the file of the Motor Accidents Claims Tribunal/III Additional District and
Sessions Court, Thanjavur @ Pattukkottai, seeking compensation of
Rs.80,00,000/-.
4.Before the Tribunal, on the side of the claimants, four witnesses were
examined as P.W.1 to P.W.4 and marked twenty two documents as Exs.P.1 to
P.25. On the side of the respondents, no one was examined and one document
was marked as R.W.1.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondents and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the Maruthi
Car and directed the appellant herein to pay a sum of Rs.32,97,500/- as
compensation.
6.Against which, the appellant/second respondent has filed this present
appeal to set aside the award of compensation passed by the Tribunal.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.891 of 2019
7.Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the respondents 1 to 5 and perused the
materials available on record.
8.The learned counsel for the appellant/Insurance company contended
that the claimants have filed salary certificate of the deceased marked as
Ex.P20 shows that at that time of accident the deceased just came from
Dubai and earned 1800 tirucom per month and it comes around Rs.36,000/-
in Indian Rupee. Though the authority of the certificate was not examined,
the Tribunal has fixed loss of income as Rs.22,000/-. Hence, the award
passed by the Motor Accidents Claims Tribunal is liable to be modified.
9.On perusal of records, it shows that the tribunal has fixed
Rs.22,000/- towards monthly income of the deceased and the same cannot be
retained and it has to be fixed as Rs.15,000/-. The Tribunal has awarded
25% towards future prospectus of the deceased. Therefore, the notional
income of the deceased arrived at Rs.18,750/- (Rs.15,000/- + Rs.3,750/-).
Since the deceased was a bachelor on the date of the accident, 25% of his
income should be deducted towards his personal expenses. Therefore, the
net income arrived at Rs.18,750/- – Rs.4,687.5/- (25% of 18,750/-) =
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.891 of 2019
Rs.14,062.5/-. Thus, Rs.14,062.5/- x 12 x 13 = Rs.21,93,750/- is calculated
as loss of dependency. Except the above, all other terms of the award passed
by the Tribunal is confirmed.
10.Accordingly, the claimants are entitled for compensation as
follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Income Rs.21,93,750/-
2. Funeral Expenses Rs. 20,000/-
3. Loss of Estate Rs. 15,000/-
4. Loss of Consortium Rs. 40,000/-
5. Transport Charges Rs. 5,000/-
Total Rs. 22,73,750/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
11.Finally, this Civil Miscellaneous Appeal is partly allowed. No costs.
The award amount of Rs.32,97,500/- passed by the Motor Accidents Claims
Tribunal/III Additional District and Sessions Court, Thanjavur @
Pattukkottai in M.C.O.P.No.137 of 2017, dated 28.03.2019, is hereby
modified. The respondents 1 to 5 /claimants are entitled to get
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.891 of 2019
Rs.22,73,750/-. (Rupees Twenty two lakhs Seventy three thousand seven
hundred only) with interest at 7.5% p.a from the date of claim petition till the
date of realization.
12.The appellant is directed to deposit the award amount, now fixed by
this Court, within a period of four weeks from the date of receipt of a copy
of this order, less the amount already deposited. On such deposit, the
claimants are directed to withdraw their respective shares along with interest.
Accordingly, the first claimant is entitled to 40% of the award amount and
the claimants 2 to 5 each is entitled to 15 % of the award amount and the 6 th
claimant is entitled to 15 % of the award amount. Consequently connected
miscellaneous petition are closed.
07.12.2021
Index :Yes/No
Internet:Yes/No
vsd
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.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.891 of 2019
To
1.The Motor Accidents Claims Tribunal
Cum III Additional District Cum Sessions Court,
Thanjavur @ Pattukottai
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.891 of 2019
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.891 of 2019
and
C.M.P.(MD)Nos.5879 and 11739 of 2019
07.12.2021
https://www.mhc.tn.gov.in/judis
