Madras High Court
The New India Assurance Company ... vs Mani @ Rangaraj on 8 February, 2021
C.M.A.No.1124 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 8.2.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
Civil Miscellaneous Appeal No.1124 of 2013
and M.P.No.1 of 2013
The New India Assurance Company Ltd.
Rep. By its Deputy Manager (Legal),
Coimbatore Divisional Office,
435, D.B. Road, R.S.Puram,
Coimbatore – 641 002. ... 3rd Respondent/Appellant
..Vs..
1. Mani @ Rangaraj
2. R.Jayashree
3. Minor Kalaiselvi
4. Minor R.Sadasivam ... Claimants/Respondents 1 to4
5. Santhosh Kumar
6. M.Suresh Kumar
(Respondents 3 & 4 rep. by its father &
natural Guardian, first respondent herein) ... Respondents 1 & 2 /
Respondents 5 & 6
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the
Judgement and decree dated 25.7.2006 made in M.C.O.P.No.197 of 2003 on the
file of Principal District Judge (Motor Accidents Claims Tribunal), Coimbatore.
For Appellant : Ms.Vaitheeswari for
: Mr.S.Sundaresan
*****
JUDGMENT
Dissatisfied with the award, dated 25.7.2006 passed in
M.C.O.P.No.197 of 2003, by the Motor Accident Claims Tribunal, Coimbatore, the
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C.M.A.No.1124 of 2013
Insurance Company is before this Court against the quantum of Compensation
awarded by the tribunal.
2. It is the case of the claimant that on 20.05.2002 at about 4.45
p.m., while the deceased Lakshmi was walking along Coimbatore-Palakad main
road, towards South, near Kuniamuthur Township office at Edayarpalayam, the
first respondent drove the Hero Honda motorcycle bearing registration No.TN 37 C
4221 in a rash and negligent manner hit against the pedestrian Lakshmi from
behind, thereby caused accident, resulting in the deceased sustained grievous
injuries and she was died in the hospital. The legal heirs of the deceased have
filed a claim petition before the Tribunal, claiming Rs.15,51,000/- as
compensation.
3 The Tribunal, based on the oral and documentary evidence Exs.P1
to P.8, has awarded Rs.4,00,000/- as total compensation along with interest at the
rate of 7.5% p.a from the date of petition till realization. The total compensation
awarded by the tribunal under various heads are as follows:
Heads Amount in Rs.
Loss of income to the family 3,60,000/-
Loss of Consortium to the 1st Petitioner 25,000/-
Loss of love and affection to the 10,000/-
petitioners 3 & 4
Funeral expenses 5,000/-
Total : 4,00,000/-
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C.M.A.No.1124 of 2013
4. Heard the learned counsel appearing for the appellant/Insurance
Company and the learned counsel appearing for the respondents/claimants and
perused the materials available on record.
5. The main contention of the learned counsel appearing for the
appellant/Insurance Company is that the multiplier adopted by the tribunal is
without any basis. Ms.Vaitheeswari, learned counsel appearing for the
appellant/Insurance Company has vehemently argued that the quantum of
compensation awarded by the tribunal is excessive and therefore, the award
passed by the tribunal requires modification. According to the learned counsel
appearing for the appellant/Insurance company, the tribunal though accepted the
fact that there is no substantial evidence to prove the income of the deceased,
fixed the monthly income of the deceased as Rs.3000/- per month. By calculating
the monthly income of the deceased as Rs.3000/- x 12 x 15 = 5,40,000/- and after
deducting 1/3rd of the income towards personal expenses, the loss of income to
the family of the deceased comes to Rs.3,60,000/-. At the time of accident, the
deceased was aged about 42 years. As rightly pointed out by the learned counsel
appearing for the appellant/Insurance Company, as per Sarala Varma case, the
tribunal ought to have adopted 14 multiplier. Thus, calculating the income of the
deceased by adopting 14 multiplier, i.e. Rs.3000/- x 12 x 14 = 5,04,000/- and after
deducting 1/3rd towards personal income of the deceased, the loss of income to
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C.M.A.No.1124 of 2013
the deceased family comes to Rs.3,36,000/-. Accordingly, the award of the
tribunal is modified as follows:
Heads Compensation Compensation
awarded by the modified/
Tribunal awarded by this
Rs. Court (Rs.)
Loss of income to the family 3,60,000/- 3,36,000/-
Loss of Consortium to the 1st 25,000/- 25,000/-
Petitioner
Loss of love and affection to the 10,000/- 34,000/-
petitioners 3 & 4
Funeral expenses 5,000/- 5,000/-
Total : 4,00,000/- 4,00,000/-
The compensation awarded by the tribunal is modified to the aforesaid extent.
Except the above modification, the award passed by the tribunal is confirmed.
6. The claimants/respondents are entitled to withdraw Rs.4,00,000/-
(Rupees four lakhs only) along with interest at the rate of 7.5% p.a. from the date
of petition till realization. The appellant/Insurance company is directed to deposit
Rs.4,00,000/- along with interest at the rate of 7.5% p.a. from the date of petition
till realization, within a period of eight weeks from the date of receipt of copy of
the judgment, after deducting the amount if any, already deposited before the
tribunal. On such deposit being made by the appellant/Insurance Company, the
claimants/respondents are entitled to withdraw the amount by filing appropriate
application.
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C.M.A.No.1124 of 2013
7. In fine, the Civil Miscellaneous Appeal is partly allowed to the
aforesaid extent. No costs. Consequently, connected miscellaneous petition is
closed.
8.2.2021
Speaking/Non Speaking order
Index: Yes/No
Internet: Yes/No
vaan
To
1. The Principal District Judge (Motor Accidents Claims Tribunal), Coimbatore.
2. The Deputy Manager (Legal), The New India Assurance Company Ltd.,
Coimbatore Divisional Office, 435, D.B. Road, R.S.Puram,
Coimbatore – 641 002.
3. The Section Officer, V.R.Section, Madras High Court, Chennai-104.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1124 of 2013
D.KRISHNAKUMAR, J.
vaan
Civil Miscellaneous Appeal
No.1124 of 2013
8.2.2021
https://www.mhc.tn.gov.in/judis/
