Madras High Court
M.Arumugam vs R.Suryakumar on 16 December, 2021
C.M.A.No.3051 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3051 of 2019
1.M.Arumugam
2.A.Nagammal
3.C.Thilakavathi
4.Minor C.Suguna
5.Minor C.Udhayakumar
6.Minor C.Ramyabharathi
(Minor appellants are represented by
their mother guardian, 3rd appellant) ... Appellants
Vs.
1.R.Suryakumar
2.ICICI Lambard General Insurance Co, Ltd.
Sigma Towers, 1st Floor,
Narayanasamy Naidu Layout,
Coimbatore.
... Respondents
1/9
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C.M.A.No.3051 of 2019
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the judgment and decree dated 26.11.2018 in
MCOP No.1495 of 2014 on the file of the Motor Accidents Claims
Tribunal/Special Subordinate Judge, Coimbatore.
For Appellant : Mr.C.Thangaraju
For Respondents : Mrs.Srividya (for 2)
No appearance for R1
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This Civil Miscellaneous Appeal has been filed by the claimants to set
aside the dismissal order dated 26.11.2018, passed by the Motor Accidents
Claims Tribunal, Special Sub-Judge, Coimbatore in MCOP No.1495 of 2014.
2.The case of the claimants is that on 08.04.2014 at 05.00 p.m, the
deceased A.Chinaraj was travelling as a pillion rider in the TVS XL heavy duty
bearing Reg.No.TN-37-AP-8880 along with his co-worker on Kovai to
Kulathupalayam infront of Saratha Kilagate company from south to north. At that
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C.M.A.No.3051 of 2019
time, a motorcycle bearing Reg.No.TN-43-E-6030, came in the same direction
driven by the first respondent in a rash and negligent manner and while over
taking the deceased' vehicle, dashed against the deceased motorcycle. In the
impact, the deceased fell down on the road and sustained severe injuries with
bloodshed on his left leg ankle and foot and multiple injuries all over his body.
Immediately, he was taken to the Coimbatore Government Hospital and admitted
as inpatient from 08.04.2014 to 14.04.2014 and he died on 01.05.2014. The
deceased, who was aged about 28 years at the time of accident and was electrical
worker in Kavi Electronics with monthly income of Rs.15,000/-, died due to the
injuries sustained in the said accident. The wife, children and parents of the
deceased filed the claim petition before the Tribunal claiming compensation of
Rs.25,00,000/-, but the Tribunal dismissed the claim petition. Aggrieved over the
same, the present appeal has been filed.
3.The learned counsel appearing for the appellants/claimants would
contend that the Tribunal failed to arrive at the conclusion that on 01.05.2014, the
deceased succumbed to the injuries, sustained by him on 08.04.2014 when he met
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C.M.A.No.3051 of 2019
with the accident. The Tribunal brushed aside the evidence as found in
postmortem certificate, wherein it had been shown that the deceased had
sustained subscalpal contusion measuring 6 x 4 c.m over right occipital region
and skull base fracture noted over right posterior cranial fossa as cause of death.
He would submit that the observation of the Tribunal is erroneous and needs to be
assailed.
4.The learned counsel appearing for the respondent Insurance Company
contended that the accident was happened on 08.04.2014 and the deceased was in
hospital till 14.04.2014 and thereafter, he was discharged. After discharging from
the hospital, he died on 01.05.2014. In the accident register, it was recorded that
he sustained two lacerated injuries on his left leg. There was no injury recorded
as he had sustained on his head. In the postmortem certificate (Ex.P.6), it was
recorded that he was died due to skull base fracture on the head of the deceased,
thus, the learned counsel submitted that there is no nexus between the cause of
death and the accident. There is no medical evidence to show that he died due to
the injuries sustained by him in the accident. The Tribunal dismissed the claim
petition and thus, she pleaded to dismiss the appeal.
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C.M.A.No.3051 of 2019
5.This Court carefully considered the submissions of the learned counsel
for the appellants/claimants and the learned counsel appearing for the second
respondent/Insurance Company and perused the materials available on record.
6.In the postmortem certificate (Ex.P.6), it was recorded that the deceased
died out of the injuries sustained in the road accident. The cause of his death is
that due to the injuries sustained subscalpal contusion and skull base fracture on
the head, he died. Admittedly, in the medical report (Ex.X.1), the Doctor, who
gave treatment, recorded two lacerated injuries measuring 4x4x1 cm over dorsum
of (Left) foot and a lacerated injury measuring 4x3x1 over medical aspect of left
ankle with the swelling and tenderness. No injury in the head was recorded. But
the cause of death was due to the subscalpal contusion and skull base fracture
injuries as indicated in the postmortem certificate (Ex.P.6). The fact that the
motor accident had happened on 08.04.2014 and the deceased was under
treatment till 14.04.2014 in the hospital and he died on 01.05.2014, is not
disputed by either side. The only dispute is the non-mentioning of the head injury
in the accident register. The non-mentioning of head injury is possible in a road
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C.M.A.No.3051 of 2019
accident. There is a chance for the injuries sustained internally and consequent
upon, it will come to the knowledge later. In the absence of any strong evidence
to show that the deceased would have sustained head injury elsewhere after
discharging from the hospital, we cannot rule out that the deceased would have
possible of sustained injury in the head. Under these circumstances, the finding of
the Tribunal is unsustainable. Hence, we set aside the finding in this regard and
hold that the claimants are entitled for compensation.
7.In respect of quantum, this Court, considering the age of the deceased
and cost of living, fixes a sum of Rs.10,000/- as notional income. It is also seen
that there were six claimants in the claim petition, hence 1/4th of the income is
deducted for his personal expenses. By adding 40% towards future prospects,
notional income works out at Rs.10,500/-. By applying multiplier '17', this Court
awards Rs.21,42,000/- (10,500 x 12 x 17) towards loss of dependency. 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 consortium,
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C.M.A.No.3051 of 2019
which comes to Rs.2,40,000/-. Rs.15,000/- is awarded towards loss of estate and
Rs.15,000/- is awarded towards funeral expenses. Rs.3000/- is awarded towards
damage of articles. In total, this Court awards Rs.24,15,000/-.
8.In the result, this Civil Miscellaneous Appeal is allowed. The second
respondent/Insurance Company is directed to deposit a sum of Rs.24,15,000/-
along with interest at the rate of 7.5% per annum from the date of the claim
petition till the date of realization, within a period of eight weeks from the date of
receipt of a copy of this order. On such deposit, the appellants 1 and 2/claimants
1 and 2/parents of the deceased, are entitled for a sum of Rs.1,50,000/- each; the
3rd appellant/3rd claimant/wife of the deceased is entitled for a sum of
Rs.6,15,000/-; and the minor claimants 4 to 6/children of the deceased are entitled
for a sum of Rs.5,00,000/- each together with proportionate interest and costs.
The major claimants are permitted to withdraw their share after filing a memo,
along with a copy of this order. Further, the Tribunal is directed to deposit the
share of the minor claimants in any one of the nationalised banks, as fixed deposit
under the Cumulative Deposit Scheme, till the minors attain the age of major and
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C.M.A.No.3051 of 2019
the third claimant, who is the guardian of the minor claimants, is permitted to
withdraw interest once in six months directly from the bank. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
16.12.2021
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accidents Claims Tribunal,
Special Sub-Judge, Coimbatore.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3051 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.3051 of 2019
16.12.2021
https://www.mhc.tn.gov.in/judis
