Madras High Court
The Manager vs Shanmugam : R1/Petitioner on 9 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :09.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
C.M.A(MD)No.63 of 2015
and
MP(MD)No.1 of 2015
The Manager,
National Insurance Company Limited,
74-A, Paramathi Road,
Namakkal. : Appellant/2nd Respondent
Vs.
1.Shanmugam : R1/Petitioner
2.Anantkumar
3.The Manager,
IFFCO TOKYO General Insurance Company Limited,
Thulasi Chambers, 3rd Floor,
T.V Samy Road, R.S Puram,
Coimbatore. : R2 and R3/R1 and R3
PRAYER: Civil Miscellaneous Appeal has been filed under
Section 173 of Motor Vehicles Act against the award, dated
29.06.2012 made in MCOP No.28 of 2010 on the file of Motor
Accident Claims Tribunal (Chief Judicial Magistrate), Karur.
For Appellant : Mr.R.Srinivasan
For 1st Respondent : Mr.K.Suresh Kumar
For 2nd Respondent : Died, vide order,
Dated 14.12.2017
For 3rd Respondent : Mr.G.Maruthaiya
https://www.mhc.tn.gov.in/judis/
2
JUDGMENT
Challenge made in this appeal is to the award passed by the
Motor Accident Claims Tribunal (Chief Judicial Magistrate), Karur,
in MCOP No.28 of 2010, dated 29.06.2012.
2.The short facts of the case is that on 10.07.2009 at about
11.45 am, when the Tipper Lorry TN-41-R-3133 belongs to the
claimant proceeding near Kaliyappanoor Kaliyammal Rice Mill at
Karur to Gujiliamparai road, at that time, the Tanker Lorry TN-27-
B-1699 came from the opposite direction in a rash and negligent
manner and hit against the Tipper Lorry. Due to the impact, the
Tipper Lorry of the petitioner was heavily damaged. The claimant,
filed a claim petition seeking compensation of Rs.1,65,000/- on the
ground that the driver of the offending vehicle is respondent for the
accident.
3.The claimant has stated that the accident occurred only due
to the rash and negligent driving of the Tanker Lorry and hence, he
is entitled to compensation for the damages incurred to the Tipper
Lorry.
https://www.mhc.tn.gov.in/judis/
4.The claim was opposed by the appellant Insurance
Company/2nd Respondent disputing the manner of accident and
their liability to pay compensation.
5.The Tribunal, upon consideration of oral and documentary
evidence, came to the conclusion that the driver of the Tanker
Lorry was responsible for the accident and awarded compensation
Rs.1,65,000/- with interest @ 7.5% p.a. Challenging the award of
the tribunal, the Insurance Company/2nd respondent is before this
court as appellant.
6.Heard both sides and perused the materials available on
record.
7.Even though several grounds were raised in the grounds of
appeal, it is mainly contended by the learned counsel appearing for
the appellant Insurance Company that the quantum arrived at in
awarding the compensation is not based on any scientific approach,
as the tribunal has not even taken into account the depreciated
value of the vehicle. In support of his contention, the learned
counsel relied upon the decision reported in 2007(2) TN MAC
https://www.mhc.tn.gov.in/judis/
432 (The Managing Director, State Express Transport
Corporation, (Tamil Nadu Division -1) Ltd., Chennai Vs.
G.Kathamuthu and another).
8.In this appeal, the point for consideration is as to whether
the quantum of compensation for the damage caused to the vehicle
should be arrived at after taking into account the depreciated value
of the vehicle.
9.In this case, the tribunal awarded the compensation to the
tune of Rs.1,65,000/-. Be that as it may, the grievance of the
appellant Insurance Company is that the depreciation of the vehicle
was not at all taken into consideration and according to them, 10%
depreciation should have been taken for assessing the damages.
10.The learned counsel appearing for the appellant Insurance
Company would convincingly argue that once a motor vehicle is
used on the road, its value automatically gets depreciated; and on
that ground, at lease 10% has to be deducted.
https://www.mhc.tn.gov.in/judis/
11.At this juncture, it is relevant to refer the decision
reported in 2007(2) TN MAC 432 (The Managing Director,
State Express Transport Corporation, (Tamil Nadu Division
-1) Ltd., Chennai Vs. G.Kathamuthu and another) , wherein
this court has held as follows:-
“21.The learned Counsel for the State
Transport Corporation would convincingly argue
that once a motor cycle is used on the road, its
value automatically gets depreciated; and on that
ground, at least 10% has to be deducted. The
value was actually purchased on 20.01.1992 and
the damage occurred on 09.10.1992; almost nine
moths had elapsed by then. Hence, I am of the
considered view that 10% can be deducted
towards depreciation while assessing the
damages.”
12.On coming to the instant case on hand, as seen from
Ex.P5, the damage assessed to the alleged vehicle shown as Rs.
1,65,000/- and as such, the tribunal has awarded the entire damage
amount of Rs.1,65,000/-. Keeping in view of the facts and
circumstances of the case and in view of the decision referred
supra, this court is of the considered view that 10% can be
deducted towards depreciation while assessing the damages.
https://www.mhc.tn.gov.in/judis/
13.In that view, this Civil Miscellaneous Appeal is partly
allowed. The compensation awarded by the tribunal is modified as
Rs.1,48,500/-. The interest awarded by the tribunal is maintained.
The Appellant Insurance Company is directed to deposit the
modified amount of Rs.1,48,500/- together with accrued interest
and costs, within a period of six weeks from the date of receipt of a
copy of this order, less the amount already deposited. On such
compliance, the 1st respondent/claimant is entitled to withdraw the
entire amount without filing any formal petition before the tribunal.
Excess amount, if any shall be refunded to the appellant Insurance
Company. No costs. Consequently, connected Miscellaneous
Petition is closed.
09.02.2021
Index:Yes/No
Internet:Yes/No
er
To
1.The Motor Accidents Claims Tribunal/
Chief Judicial Magistrate, Karur.
2.The Record Keeper,
V.R Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI.J.,
er
C.M.A(MD)No.63 of 2015
09.02.2021
https://www.mhc.tn.gov.in/judis/
