Madras High Court
Royal Sundaram Alliance ... vs Sanju (Minor) on 21 December, 2021
C.M.A.No.323 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.323 of 2018
and
C.M.P.No.3272 of 2018
[Video Conferencing]
Royal Sundaram Alliance Insurance Company Limited,
Chennai – 600 014. .. Appellant
Vs.
1.Sanju (Minor)
2.Harish (Minor)
(Minor respondents 1 & 2 are represented by
their Grand mother and NF Nallammai)
3.Raghu
4.Balasubramaniam
5.HDFC Ergo General Insurance Company Limited,
Chennai.
6.Mehroonnisha .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, set aside the Judgment and Decree dated
30.04.2015 made in M.C.O.P.No.23 of 2014, on the file of the Motor
Accidents Claims Tribunal, Special District Court, Dharmapuri.
For Appellant : Mr.N.Vijayaraghavan
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.323 of 2018
For R1 & R2 : Mr.A.Illayaperumal
For R5 : Mr.J.Michael Visuvasam
For R3, R4 & R6 : Not ready in notice
*****
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging the
quantum of compensation granted by the Tribunal in the award dated
30.04.2015 made in M.C.O.P.No.23 of 2014, on the file of the Motor
Accidents Claims Tribunal, Special District Court, Dharmapuri.
2.The appellant is the 5th respondent in M.C.O.P.No.23 of 2014 on the
file of the Motor Accidents Claims Tribunal, Special District Court,
Dharmapuri. The respondents 1 and 2 filed the said claim petition, claiming a
sum of Rs.15,00,000/- as compensation for the death of one Sornambika, who
died in the accident that took place on 03.04.2010.
3.According to the respondents 1 & 2, on 03.04.2010, the deceased
Sornambika along with her friends travelled in the TATA SUMO, bearing
Registration No.TN 39 W 3669 belonging to the 3rd respondent and insured
with 5th respondent by the 4th respondent as the previous owner of the TATA
https://www.mhc.tn.gov.in/judis
C.M.A.No.323 of 2018
SUMO at about 23.15 hours, while they were proceeding to SKS Hospital,
Salem, on Dharmapuri to Salem National High ways road, near Sani Santhai
near Palayampudur, the driver of TATA SUMO overtook a bus in the left
side which was going ahead of them. At that time, the lorry bearing
Registration No.KA 01 C 6109 belonging to 6th respondent and insured with
the appellant herein was parked in the High Ways Road without any stones,
leaves, trees or fire to show that the lorry is a parked vehicle. Therefore the
driver of the TATA SUMO was driving the same has not anticipated with the
lorry was parked and had applied sudden brake but inspite of best efforts
taken by him the car embraced the lorry and caused the accident. In the
accident, the said deceased Sornambika sustained fatal injuries and died on
the spot. Therefore, her children represented by their grand mother filed the
said claim petition claiming a sum of Rs.15,00,000/- as compensation.
4.The Tribunal considering the pleadings, oral and documentary
evidence held that the accident occurred only due to rash and negligent
driving by the driver of the lorry belonging to 6th respondent and directed the
appellant – Insurance Company to pay a sum of Rs.5,43,000/- as
compensation to the respondents 1 and 2.
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C.M.A.No.323 of 2018
5.Challenging the quantum of compensation granted by the Tribunal in
the award dated 30.04.2015 in M.C.O.P.No.23 of 2014, the Insurance
Company has come out with the present appeal.
6.The learned counsel for the appellant - Insurance Company
contended that monthly income fixed by the Tribunal of the deceased is
excessive. The Tribunal has erroneously granted future prospects and
multiplier '17' fixed by the Tribunal is not correct. A sum of Rs.5,43,000/-
awarded by the Tribunal as compensation is highly excessive and prayed for
setting aside the order of the Tribunal.
7.The learned counsel for R1, R2 & R5 made a submission that the
Tribunal after considering the materials has rightly passed the award and
sought for dismissal of the appeal filed by the appellant – Insurance
Company.
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the respondents 1, 2 & 5 and perused all the
materials available on record.
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C.M.A.No.323 of 2018
9.It is the claim of the respondents 1 & 2 that at the time of accident,
the deceased was aged about 29 years working as a teacher and has also
taking tuition and was earning a sum of Rs.7,500/- per month. Except oral
evidence, they have not let in any documentary proof to prove the avocation
and income of the deceased. In the absence of any documentary proof, to
prove the avocation and income of the deceased, the Tribunal considering the
age, education qualification of the deceased and year of the accident, fixed a
sum of Rs.4,000/- per month as notional income of the deceased. The
accident is of the year 2010 and monthly income fixed by the Tribunal is not
meagre. The deceased was aged about 29 years as per Ex.P21 and the
multiplier '17' applied by the Tribunal is correct as per the judgment of the
Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court,
[Sarla Verma & others Vs. Delhi Transport Corporation & another].
10.Though the Tribunal has not awarded any compensation towards
future prospects, considering the amounts awarded by the Tribunal towards
funeral expenses and loss of love and affection are on the higher side, this
Court is inclined to confirm the award passed by the Tribunal and does not
warrant any interference by this Court.
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C.M.A.No.323 of 2018
11.Accordingly, the award passed by the Tribunal is hereby confirmed
and the Civil Miscellaneous Appeal is dismissed. The Appellant-Insurance
Company is directed to deposit the award amount along with interest and
costs, less the amount deposited, if any, within a period of six weeks from the
date of receipt of a copy of this judgment. The share of the minor respondents
1 and 2 is directed to be deposited in any one of the Nationalised Bank till
they attains majority. The said NF Nallammai, who is the guardian of the
minor respondents 1 and 2 is permitted to withdraw the interest, once in three
months for the welfare of the minor respondents 1 and 2. No costs.
Consequently, connected Miscellaneous Petition is closed.
21.12.2021
ssi
Index : Yes / No
Internet : Yes / No
Speaking Order : Yes / No
To
1.The Special District Judge,
Motor Accidents Claims Tribunal,
Dharmapuri.
2.The Section Officer,
VR Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.323 of 2018
S.KANNAMMAL,J.
ssi
C.M.A.No.323 of 2018
21.12.2021
https://www.mhc.tn.gov.in/judis
