Madras High Court
The Branch Manager vs Nagarajan on 10 December, 2021
C.M.A.(MD)No.1125 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.1125 of 2021
and
C.M.P.(MD)No.10842 of 2021
The Branch Manager,
National Insurance Co.Ltd.,
3, North Veli Street,
Madurai. ...Appellant/Respondent No.2
Vs.
1.Nagarajan
2.Jeyagandhi ...1st & 2nd Respondents/Petitioners
3.Tamilarasi ...3rd Respondent/Respondent No.2
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the judgment and decree passed by the Motor
Accidents Claims Tribunal Cum Additional District Judge, Ramanathapuram
made in M.C.O.P.No.108 of 2015, dated 07.08.2017 and allow this appeal
with costs.
For Appellant :Mr.R.Rajamani
For Respondent :Mr.T.R.Subramanian
1/7
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C.M.A.(MD)No.1125 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
and decree made in M.C.O.P.No.108 of 2015, dated 07.08.2017 on the file of
the Motor Accidents Claims Tribunal Cum Additional District Judge,
Ramanathapuram.
2.It is a case of fatal accident. On 19.05.2015 at about 8.45 a.m. while
she was travelling in the bus bearing Registration No.TN-63-AX-3699, the
bus was driven in a rash and negligent manner by its driver and it met with
an accident and turned turtle. The deceased and her two friends and the
driver of a TATA ACE van died in the accident on the spot. A case in Crime
No.36 of 2015 under Section 279, 337 and 304(A) IPC was registered
against the driver of the lorry.
3.The claimants have filed a petition in M.C.O.P.No.108 of 2015 on
the file of the Motor Accidents Claims Tribunal/Additional District Judge,
Ramanathapuram, seeking compensation of Rs.20,00,000/-.
4.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 and P.W.2 and marked nine documents as Exs.P.1 to P.9.
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C.M.A.(MD)No.1125 of 2021
On the side of the appellant/respondent herein, one witness was examined as
R.W.1 and no document has been marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondent and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the bus and
directed the appellant herein to pay a sum of Rs.17,45,000/- 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.
7.Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the respondents and perused the materials
available on record.
8.The learned counsel for the appellant/Insurance Company contended
that the deceased, who was studying B.Sc. Bio Chemistry at that time of
accident and hence as per Pranay Sethi and others reported in 2017 (2)
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C.M.A.(MD)No.1125 of 2021
TNMAC 609, the claimants were entitled only 40% for future prospects, but
the Tribunal has erred in added 50% towards future prospects and awarded
Rs.15,000/- towards monthly income of the deceased. Only on that ground,
the appellant filed this present appeal. Hence, the award passed by the Motor
Accidents Claims Tribunal is liable to be modified.
9.The learned counsel for the respondents/claimants submitted that the
award is very reasonable and there is no necessity to interfere with the same.
10.On perusal of records, it shows that the deceased was studying
B.Sc. Bio Chemistry and the tribunal has fixed Rs.10,000/- towards monthly
income of the deceased and 50% added towards the future prospects of the
deceased. But as per the decision of the Hon'ble Supreme Court in National
Insurance Co. vs Pranay Sethi and others reported in 2017 (2) TNMAC
609, 40% should be added towards the future prospects of the deceased.
Therefore, Rs.10,000/- + Rs.4,000/- (40% of Rs.10,000/-) = Rs.14,000/-.
Since the deceased was a bachelor at the time of accident, this Court
deducted 50% of the income towards his personal expenses. Hence, it would
amount to Rs.14,000/- x 50% of deduction = Rs.7,000/- Further, the
multiplier '18' adopted by the Trial Court is also hereby confirmed. Thus, the
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C.M.A.(MD)No.1125 of 2021
loss of dependency would come to Rs.7,000/- x 12 x 18 = Rs.15,12,000/-.
Except the above, all the other terms of the award passed by the Tribunal is
confirmed. Therefore, the respondents 1 and 2/claimants are entitled to get
Rs.16,37,000/- and to that extent, this Civil Miscellaneous Appeal can be
allowed.
11.Finally, this Civil Miscellaneous Appeal is partly allowed. No costs.
The award amount of Rs.17,45,000/- passed by the Motor Accidents Claims
Tribunal/Additional District Judge, Ramanathapuram in M.C.O.P.No.108 of
2015, dated 07.08.2017, is hereby modified. The respondents 1 and
2/claimants are entitled to get Rs.16,37,000/-. (Rupees Sixteen lakhs thirty
seven thousand only) with interest at 7.5% p.a from the date of claim petition
till the date of realization.
12.The appellant/National Insurance Company Ltd., is directed to
deposit the award amount within a period of six weeks from the date of
receipt of a copy of this order. On such deposit, the first respondent/claimant
is permitted to withdraw the same, by filing necessary application before the
Tribunal. Consequently connected miscellaneous petitions are closed.
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C.M.A.(MD)No.1125 of 2021
10.12.2021
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.
To
1.The Motor Accidents Claims Tribunal Cum
Additional District Judge,
Ramanathapuram.
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.1125 of 2021
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.1094 of 2021
and
C.M.P.(MD)No.10423 of 2021
10.12.2021
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