Madras High Court
United India Insurance Co.Ltd vs Ravi on 10 December, 2021
C.M.A.No.1666 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1666 of 2018
and
C.M.P.No.8479 of 2019
United India Insurance Co.Ltd.,
Rep by its Divisional Manager,
3rd party claims HUB,
No.81, Katpadi Road, Vellore-4. .. Appellant
Vs.
1.Ravi
2.Rekha
3.Revathy
4.S.Ravichandiran .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
10.01.2017 made in M.C.O.P.No.371 of 2015 on the file of the Motor
Accidents Claims Tribunal, I Additional District and Sessions Court, Vellore.
For Appellant : Mr.D.Bhaskaran
For Respondents : Mr.R.Rajarajan
1/9
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C.M.A.No.1666 of 2018
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the award dated
10.01.2017 made in M.C.O.P.No.371 of 2015 on the file of the Motor
Accidents Claims Tribunal, I Additional District and Sessions Court, Vellore.
2.The appellant is the 2nd respondent in M.C.O.P.No.371 of 2015 on
the file of the Motor Accidents Claims Tribunal, I Additional District and
Sessions Court, Vellore. The claimants/respondents 1 to 3 filed the above
said claim petition claiming a sum of Rs.20,00,000/- as compensation for the
death of one Shanthi, who died in the accident that took place on 14.03.2014.
3.According to claimants, on 14.03.2014 at about 05.30 p.m., the
deceased Shanthi was carefully crossing the road, at Ariyur Railway gate near
OM Sakthi Koil opposite. At that time, the rider of the two wheeler, viz.,
Hero Honda SD CD 100 bearing Registration No.TN 33 E 3604 belonging to
the 4th respondent, rode the two wheeler in a rash and negligent manner and
dashed against the deceased Shanthi. In the said accident, the said Shanthi
was thrown out for 10 feet distance and sustained multiple injuries all over
her body. Immediately after the accident, the said Shanthi was taken to
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C.M.A.No.1666 of 2018
Government Hospital, Vellore, where first aid was given. Inspite of treatment,
the said Shanthi succumbed to injuries. The first claimant is the husband and
the claimants 2 and 3 are the children of the deceased. The fourth respondent
herein is the owner and the appellant is the insurer of the offending vehicle.
Alleging that the accident had occurred due to the rash and negligent riding
of the rider of the two wheeler, the respondents 1 to 3/claimant filed the said
claim petition claiming compensation of Rs.20,00,000/-.
4.The Tribunal, considering the pleadings, oral and documentary
evidence, found that at the time of accident, the rider of the two wheeler was
minor and no licence was issued to him and held that the accident occurred
only due to rash and negligent riding of the rider of the two wheeler
belonging to the 4th respondent and directed the appellant, being the insurer
of the said vehicle, to pay a sum of Rs.16,36,000/- as compensation to the
respondents 1 to 3, at the first instance and thereafter, recover the same from
the owner of the two wheeler, the fourth respondent herein.
5.Challenging the quantum of compensation awarded by the Tribunal,
the appellant-Insurance Company has come out with the present appeal.
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C.M.A.No.1666 of 2018
6.The learned counsel appearing for the appellant contended that the
respondents failed to prove the age, avocation and income of the deceased by
producing valid documents. Though there is no material evidence to prove
the income of the deceased, the Tribunal fixed the notional monthly income
as Rs.9,000/-. He would further contend that at the time of accident, the
deceased was aged about 46 years and the correct multiplier is 13, however,
the Tribunal erroneously applied the multiplier '15'. Further, the Tribunal
added 30% future prospects instead of 25%, hence, it has to be reduced. He
would further contend that the Tribunal has awarded Rs.1,00,000/- towards
loss of consortium and Rs.1,00,000/- towards loss of love and affection,
which are also excessive. Hence, the learned counsel seeks for reduction of
the award.
7.Per Contra, the learned counsel appearing for the respondents 1 to
3/claimants contended that at the time of accident, the deceased was aged
about 40 years and was working as 'Mason' and was earning a sum of
Rs.12,000/- per month. In order to prove the same, the claimants have
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C.M.A.No.1666 of 2018
examined P.W.2-Govindammal. But the Tribunal failed to consider her
evidence and fixed a meagre sum of Rs.9,000/- as monthly notional income.
He would further submit that the Tribunal after considering the age of the
deceased, has fixed 30% of the notional income as future prospects. Hence,
the learned counsel prays for dismissal of the Civil Miscellaneous Appeal.
8.Heard the learned counsel appearing for the appellant-Insurance
Company as well as the learned counsel appearing for the respondents 1 to 3
and perused the entire materials on record.
9.Though the learned counsel appearing for the appellant Insurance
Company would contend that in absence of any material, the Tribunal fixed
the monthly income as Rs.9,000/-, this Court finds that the Tribunal, on
proper appreciation of evidence of P.W.2 and considering the nature of work,
has fixed the monthly income.
10.Further, a perusal of the legal heir certificate (Ex.P.6) would show
that the daughter of the deceased was aged about 26 years at the time of
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C.M.A.No.1666 of 2018
accident, but the Tribunal without considering the same, fixed the age of the
deceased as 40. When a child was aged about 26, the mother of the age may
be 45 or 46. Therefore, as per the age of the deceased fixed the multiplier as
'13'. Further, this Court by considering the age of the deceased, reduces the
future prospects to 25% from 30%. Accordingly, the compensation awarded
by the Tribunal towards loss of dependency is modified to Rs.11,70,000/-
{Rs.11,250/- [Rs.9,000/- + Rs.2,250/- (25% of Rs.9,000/-)] X 12 X 13 X
2/3}. Further, as per the decision of the Hon'ble Apex Court in the case of
Magma General Insurance Co. Ltd., vs. Nanu Ram and others reported in
2018(1) TN MAC 452 (SC), the claimants are entitled to Rs.40,000/- each
towards loss of consortium and loss of love and affection which comes to
Rs.1,20,000/-, hence, the amount awarded by the Tribunal under the head of
loss of love and affection and loss of consortium are modified. Since the
Tribunal has not awarded any amount for medical expenses and for loss of
estate, this Court awards Rs.15,000/- towards loss of estate and Rs.15,000/-
towards medical expenses. The amounts awarded by the Tribunal under other
heads are just and reasonable and hence, the same are hereby confirmed.
Thus, the compensation awarded by the Tribunal is modified as follows:
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C.M.A.No.1666 of 2018
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of dependency 14,04,000/- 11,70,000/- Reduced
2. Loss of love and 1,00,000/- 80,000/- Reduced
affection
3. Loss of consortium to 1,00,000/- 40,000/- Reduced
1st respondent
4. Loss of estate - 15,000/- Granted
5. Medical expenses - 15,000/- Granted
6. Funeral expenses 25,000/- 25,000/- Confirmed
7. Transportation 5,000/- 5,000/- Confirmed
Damages to cloths and 2,000/- 2,000/- Confirmed
8 articles
Total Rs.16,36,000/- Rs.13,52,000/- Reduced by
Rs.2,84,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.16,36,000/- is hereby
reduced to Rs.13,52,000/- together with interest at the rate of 7.5% per annum
from the date of petition till the date of deposit. The appellant-Insurance
Company is directed to deposit the modified award amount now determined
by this Court along with 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
judgment, at the first instance and recover the same from the 4th respondent
herein, owner of the two wheeler to the credit of M.C.O.P.No.371 of 2015 on
the file of the Motor Accidents Claims Tribunal, I Additional District and
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C.M.A.No.1666 of 2018
Sessions Court, Vellore. On such deposit, the respondents 1 & 3 are
permitted to withdraw their respective share of the award amount as per the
ratio of apportionment fixed by the Tribunal along with proportionate interest
and costs after adjusting the amount, if any already withdrawn, by filing
necessary applications before the Tribunal. Consequently, the connected
Miscellaneous Petition is closed. No costs.
10.12.2021
gbi
Index : Yes / No
Internet : Yes / No
To
1.The I Additional District and Sessions Court,
Motor Accidents Claims Tribunal, Vellore.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1666 of 2018
S.KANNAMMAL, J.
gbi
C.M.A.No.1666 of 2018
10.12.2021
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