Madras High Court
M/S.Reliance General Insurance ... vs A.Balakrishnan on 2 February, 2021
C.M.A.No.6 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.6 of 2020
and
C.M.P.Nos.44 of 2020, 12880 and 12882 of 2020
M/s.Reliance General Insurance Company
Limited,
Reliance Tower,
No.6, Haddows Road,
Nungambakkam, Chennai - 600006. ... Appellant
vs
1.A.Balakrishnan
S/o.Arjuna Gounder
2.B.Rajeswari
W/o.Balakrishnan
3.R.Keerthivasan ... Respondents
1/10
https://www.mhc.tn.gov.in/judis/
C.M.A.No.6 of 2020
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 11.07.2019 passed in
M.C.O.P.No.7102 of 2016 on the file of Motor Accident Claims Tribunal, II Court
of Small Causes, Chennai.
For Appellant : Mr.M.B.Raghavan
For Respondents : Mr.V.Balamurugan [R1 & R2]
Ex parte [R3]
*****
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
This matter is heard through Video Conference.
2. Challenging the quantum of compensation awarded by the Tribunal in
and by its judgment dated 11.07.2019 passed in M.C.O.P.No.7102 of 2016 on the
file of Motor Accident Claims Tribunal, II Court of Small Causes, Chennai,
appellant insurance company has filed the present appeal.
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C.M.A.No.6 of 2020
3. Respondents 1 and 2 are parents of the deceased B.Hari. On 11.08.2016
at about 12.30 hours, while the deceased was riding his motorbike bearing
Registration No.TN-03-K-6674 along with a pillion at Manali Road, near
R.K.Nagar Police Station, a Tanker Lorry bearing Registration No.TN-22-AB-
0732 belonging to third respondent and insured with the appellant insurance
company, came in a rash and negligent manner and hit the motorbike of the
deceased from behind, owing to which the deceased sustained grievous injuries
and died on the way to hospital. It is the case of respondents 1 and 2/claimants that
the deceased was a Driver and was earning a sum of Rs.21,000/- p.m. Respondents
1 and 2/claimants filed a claim petition seeking compensation in a sum of
Rs.60,00,000/- for the death of the deceased.
4. Resisting the claim made by respondents 1 and 2/claimants, appellant
insurance company had filed a detailed counter inter alia contending that the
accident had not occurred in the manner as projected by respondents 1 and
2/claimants. They have also denied the age, occupation and income of deceased.
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C.M.A.No.6 of 2020
Hence, appellant insurance company prayed for dismissal of the claim petition.
5. To prove their case, before the Tribunal, respondents 1 and 2/claimants
examined PWs.1 to 3 and marked 11 documents viz., Exs.P1 to P11. On the side
of appellant insurance company, none were examined and no exhibits were
marked.
6. On appreciation of materials on record, the Tribunal found that the
accident had occurred owing to the rash and negligent driving of the Tanker Lorry
belonging to third respondent and held that the appellant insurance company,
being the insurer of the offending vehicle, was liable to pay compensation. The
compensation awarded by the Tribunal is as follows:
Sl. Compensation awarded under the Amount
No. head (in Rs.)
1. Loss of dependency 24,30,000/-
2. Loss of love and affection 1,00,000/-
3. Filial consortium 1,00,000/-
4. Funeral expenses 15,000/-
Total 26,45,000/-
The said sum was directed to be paid together with interest at 7.5% p.a. from the
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C.M.A.No.6 of 2020
date of petition till the date of realization.
7. Learned counsel for appellant insurance company submits that absolutely
no documentary proof was produced before the Tribunal to prove that the
deceased was working as a driver and was earning a sum of Rs.21,000/- p.m. as
stated in the claim petition. However, the Tribunal, in the absence of any proof,
fixed the monthly income at Rs.15,000/-, which had resulted in awarding an
exorbitant sum of Rs.24,30,000/- as compensation under the head 'loss of
dependency'. Further, the Tribunal, instead of 40% added 50% towards future
prospects. Submitting as above, learned counsel prays this Court to fix the
monthly income of the deceased at Rs.10,000/- and add 40% towards future
prospects and accordingly, modify the compensation payable under the head 'loss
of dependency'.
8. On the other hand, learned counsel for respondents 1 and 2/claimants
made his submissions supporting the award passed by the Tribunal.
9. This Court has considered the rival submissions. Perused the materials on
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C.M.A.No.6 of 2020
record.
10. The deceased was aged 23 at the time of accident. In order to prove his
avocation, respondents 1 and 2/claimants marked the driving license of the
deceased as Ex.P6. As contended by learned counsel for appellant insurance
company no document was produced to establish the income of the deceased.
However, considering the fact that the accident occurred in the year 2016 and the
cost of living prevailed at that point of time, this Court is of the view that fixing of
a sum of Rs.15,000/- as the monthly income of the deceased cannot be found fault
with. At the same time, this Court finds that the Tribunal instead of 40% added
50% towards future prospects. Accordingly, the amount awarded under the head
'loss of dependency' is re-calculated as follows:
Monthly Income : Rs. 15,000/-
Add : future prospects
40% of Rs.15,000/- : Rs. 6,000/-
-----------------
Rs. 21,000/-
Annual Income (21000*12) : Rs.2,52,000/-
Less: Personal expenses (50%) : Rs.1,26,000/-
Multiplier : 18
Loss of dependency : Rs.22,68,000/-
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C.M.A.No.6 of 2020
11. This Court finds that a sum of Rs.1,00,000/- was awarded under each of
the heads 'loss of love and affection' and 'filial consortium'. In case of death, the
parents of the deceased have to be compensated either under the head 'loss of love
and affection' or 'filial consortium'. But, in the present case, the Tribunal had
awarded compensation under both the heads. Hence, the amount of Rs.1,00,000/-
awarded under the head 'loss of love and affection' is set aside and the amount of
Rs.1,00,000/- awarded under the head 'filial consortium' is reduced to Rs.80,000/-
(Rs.40,000/- each). Since no amount has been awarded under the heads
transportation and loss of estate, a sum of Rs.20,000/- and Rs.15,000/-
respectively is awarded under such heads. The amount of Rs.15,000/- awarded
under the head 'funeral expenses' is reasonable and hence, the same is confirmed.
In all aspects, the award of the Tribunal is hereby confirmed.
12. Accordingly, the modified compensation payable would be:
Sl. Compensation awarded Amount awarded Amount awarded
No. under the head by Tribunal by this Court
(in Rs.) (in Rs.)
1. Loss of dependency 24,30,000/- 22,68,000/-
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C.M.A.No.6 of 2020
Sl. Compensation awarded Amount awarded Amount awarded
No. under the head by Tribunal by this Court
(in Rs.) (in Rs.)
2. Loss of love and affection 1,00,000/- -
3. Filial consortium 1,00,000/- 80,000/-
4. Funeral expenses 15,000/- 15,000/-
5. Transportation - 20,000/-
6. Loss of estate - 15,000/-
Total 26,45,000/- 23,98,000/-
Rounded off to 24,00,000/-
In the result, the Civil Miscellaneous Appeal is partly allowed. The
compensation of Rs.26,45,000/- awarded by the Tribunal is hereby reduced to
Rs.24,00,000/-. Appellant insurance company is directed to deposit the reduced
compensation of Rs.24,00,000/- (Rupees Twenty Four Lakhs only), less the
amount already deposited, together with interest at 7.5% p.a. from the date of
petition till the date of deposit within a period of four weeks from the date of
receipt of this judgment. On such deposit being made by appellant insurance
company, respondents 1 and 2/claimants are permitted to withdraw their respective
shares, as apportioned by Tribunal, along with accrued interest and costs, less the
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C.M.A.No.6 of 2020
amount, if any already withdrawn by him, by filing necessary application before
the Tribunal. No costs. Connected miscellaneous petitions are closed.
[R.P.S., J] [S.S.K., J]
02.02.2021
Speaking / Non-speaking order
Index: Yes/No
Internet: Yes
gm
To
The Motor Accident Claims Tribunal,
II Court of Small Causes,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.6 of 2020
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
gm
C.M.A.No.6 of 2020
02.02.2021
https://www.mhc.tn.gov.in/judis/
