National Insurance Company ... vs Arukkaniyammal
2021 Latest Caselaw 4052 Mad

                                                          1

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED :17.02.2021

                                                    CORAM:

                              THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                            C.M.A(MD)No.295 of 2013
                                                     and
                                              MP(MD)No.1 of 2013

                     National Insurance Company Limited,
                     SNMR Rasi Plaza 2nd Floor,
                     63, West Pradakshinam Road,
                     Karur-639 002.                     : Appellant/2nd Respondent

                                                        Vs.
                     1.Arukkaniyammal
                     2.K.Palanisamy
                     3.Malayammal                             : R1 to R3/Petitioners
                     4.S.Mariammal                            : R4/1s Respondent

                               PRAYER: Civil Miscellaneous Appeal has been filed under
                     Section 173 of Motor Vehicles Act against the award, dated
                     19.03.2004 made in MCOP No.736 of 2001 on the file of Motor
                     Accident Claims Tribunal (Chief Judicial Magistrate), Karur.


                                    For Appellant         : Mr.S.Srinivasa Raghavan

                                    For R1 to R3          : Mr.K.Suresh Kumar

                                   For 4th Respondent    : No appearance




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.736 of 2001, dated 19.03.2004.

2.The brief facts of the case are that on 30.11.2001 at about

6.45 am, when the deceased K.Kandasamy riding his Hero Majestic

TAY-8230 near Mushtakinathupatty, the Van TN-47-7725 came in a

rash and negligent manner and dashed against the deceased. In the

accident he sustained multiple grievous injuries all over the body

and he was admitted in the Amaravathi Hospital, Karur and for

better treatment, he was referred to K.G Hospital, Coimbatore.

Thereafter, he was admitted in the Government Hospital, Karur,

where he died on 02.12.2001. The claimants, being the wife, son

and daughter of the deceased, sought compensation of Rs.

6,00,000/- on the ground that the driver of the offending vehicle

was responsible for the accident.

3.The claimants have stated that the deceased K.Kandasamy

was doing Goat Selling business and thereby he was earning Rs.

3,000/- per month. A criminal case in Crime No.115 of 2001 was

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registered against the driver of the offending vehicle by Velliyanai

Police Station.

4.The claim was opposed by the appellant 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 offending

vehicle was responsible for the accident and awarded

compensation of Rs.3,10,000/- with interest @ 9 % p.a.

6.Heard both sides and perused the materials available on

record.

7.The manner of the accident and the finding on negligence

are not in dispute and the appeal is confined only to quantum of

compensation awarded by the Tribunal.

8.Even though several grounds were raised in the grounds of

appeal, It is mainly contended by the learned counsel for the

appellant that the tribunal has not applied correct multiplier and

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the quantum of award is on the higher side, so the quantum is to be

reduced. On the other hand, the learned counsel for the

respondents 1 to 3/claimants submitted that the award is

reasonable, which does not warrant any interference of this court.

.

9.In the instant case, it is not in dispute that the deceased

was doing Goat Selling business and also doing Agricultural work

and he was 60 years old at the time of accident. The Tribunal fixed

the monthly income of the deceased at Rs.4,000/- and after

deducting 1/3rd towards personal expenses and by applying

multiplier '8', awarded Rs.2,56,000/- towards loss of income.

Further, the Tribunal awarded Rs.4,000/- towards funeral expenses;

Rs.2,500/- towards loss of love and affection; Rs.2,500/- towards

loss of consortium to the first claimant; Rs.43,000/- towards

medical bills, as per Exs.P7 and P8 and Rs.2,000/- towards

transportation In total, the Tribunal has awarded Rs.3,10,000/-

together with interest @ 9% p.a. This court is of the considered

opinion that the award of the tribunal, based on the evidence is

reasonable and warrants no interference of this court and the same

is confirmed.

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10.In the result, the Civil Miscellaneous Appeal is dismissed,

confirming the award of the tribunal. No costs. Consequently,

connected Miscellaneous Petition is closed.

17.02.2021 Index:Yes/No Internet:Yes/No er

To

1.The Motor Accidents Claims Tribunal-cum- Chief Judicial Magistrate, Karur.

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/

T.KRISHNAVALLI.J.,

er

C.M.A(MD)No.295 of 2013

17.02.2021

https://www.mhc.tn.gov.in/judis/