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
https://www.mhc.tn.gov.in/judis
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 by its driver in a rash and negligent manner 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 Sections 279, 337 and 304(A) IPC was registered
against the driver of the lorry.
3.The claimants have filed a claim 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 was studying B.Sc. Bio Chemistry at that time of accident
and hence, as per the Judgment of the Hon'ble Supreme Court in National
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C.M.A.(MD)No.1125 of 2021
Insurance Co. vs Pranay Sethi and others reported in (2017 (2) 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 reported
in (2017 (2) TNMAC 609), (cited supra) 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 comes to Rs.14,000/- x 50% of deduction =
Rs.7,000/- Further, the multiplier '18' adopted by the Trial Court is also
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C.M.A.(MD)No.1125 of 2021
hereby confirmed. Thus, the 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.Accordingly, the claimants are entitled for compensation as follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Dependency Rs. 15,12,000/-
2. Love and affection Rs. 1,00,000/-
3. Funeral Expenses Rs. 25,000/-
Total Rs. 16,37,000/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
12.Finally, this Civil Miscellaneous Appeal is partly allowed. No costs.
The award amount of Rs.17,45,000/- granted 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 only Rs.16,37,000/-. (Rupees Sixteen lakhs
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C.M.A.(MD)No.1125 of 2021
thirty seven thousand only) with interest at 7.5% p.a from the date of claim
petition till the date of realization.
13.The appellant/National Insurance Company Ltd., is directed to
deposit the award amount now fixed by this Court, less the amount already
deposited, within a period of six weeks from the date of receipt of a copy of
this order. On such deposit, the claimants are entitled to withdraw the same,
by filing necessary application before the Tribunal. Consequently connected
miscellaneous petition is closed.
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.1125 of 2021
and
C.M.P.(MD)No.10842 of 2021
10.12.2021
https://www.mhc.tn.gov.in/judis
