Madras High Court
The Branch Manager vs Dhanam on 19 February, 2021
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1529 of 2016
and
C.M.P.No.11662 of 2016
The Branch Manager,
The Oriental Insurance Co. Ltd.,
Kallakurichi,
Villupuram District. .. Appellant
Vs.
1.Dhanam
2.Priya
3.Ayyanar
4.Ayyakkannu
5.Anjalai .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree passed in
M.C.O.P.No.276 of 2011 on 30.11.2015 on the file of the learned Motor
Accident Claims Tribunal (Subordinate Judge) of Kallakurichi, at Villupuram
District .
1/8
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
For Appellant : Mr. J. Chandran
For Respondents : Mr. K. Suryanarayanan
JUDGMENT
The appeal has been filed by the Oriental Insurance Co. Ltd.,
challenging the Award dated 3011.2015 passed by the Motor Accident
Claims Tribunal, Subordinate Judge, Kallakurichi at Villupuram District.
2. The brief facts leading to the filing of the appeal are as follows:
(i) The deceased Manivel was riding a TVS Star City motor cycle
bearing Registration No.TN-09-AM-6674 along with his friends on
03.05.2011. On the Salem main road, opposite to Suseela Teacher Training
Institute, due to negligent parking of the lorry bearing Registration No.TN-
32-L-1161 without any parking signal, the motorcycle dashed behind the
lorry.
(ii) Manivel died on 03.05.2011, as a result of an accident caused by a
lorry bearing registration No.TN 32 L 1161 insured with the appellant
Insurance Company. The dependents of the deceased Manivel who are the
respondents 1 to 5 in the appeal preferred a claim before the Motor Accident
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
Claims Tribunal in M.C.O.P.No.276 of 2011 seeking a compensation of
Rs.8,00,000/- for the death caused to Manivel as a result of the accident.
(iii) The Motor Accident Claims Tribunal by its Award dated
30.11.2015 in M.C.O.P.No.276 of 2011 directed the Appellant Oriental
Insurance Company to pay the respondents 1 to 5 a sum of Rs.11,97,000/-
together with interest at 7.5% p.a. from the date of the claim till the date of
realization.
3. Aggrieved by the Award dated 30.11.2015, the appeal has been
filed by the Insurance Company.
4. Heard the learned counsel for the appellant and the learned
counsel for the respondents.
5. The learned counsel for the respondents/claimants would
contend that the claim petition has been filed under Section 163 (A) of Motor
Vehicles Act, it can be converted into Section 166(A) of the MV Act and
relied upon the judgment reported in AIR 2009 SC 3056 – Ningamma and
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
others Vs. United India Insurance Company Limited. Further, he contended
that the accident had taken place due to the wrong parking of the lorry of the
appellant/Insurance Company on the road and for conversion of petition
under Section 166(A) of MV Act has to be established that the accident had
taken place only due to the reason that four persons had travelled in a two
wheeler, driven by the deceased at the time of the accident and he also relied
upon the decision of the Hon'ble Supreme Court in the judgment reported in
2020 (1) TNMAC 161 – Mohammed Siddique and another Vs. National
Insurance Company Limited and others.
6. Perused Ex.R3/Rough sketch. After perusing rough sketch, I
find that an opportunity must be given to the claimants.
7. The learned counsel for the respondents relied upon the
following judgments:
(i) 2018(1) TNMAC 745 (SC) – Nishan Singh Vs. Oriental Insurance
Company Limited
(ii) 1992 (1) LW 25
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
(iii) 2005 (1) TNMAC 201 – National Insurance Company Limited,
Chennai Vs. S.Rajesh
8. After hearing both the counsels and after perusing the records, I
find that the petition may be treated under Section 163 (A), of the MV Act in
the interest of justice. The annual income of the deceased is fixed as
Rs.40,000/-. Taking into consideration the age of the deceased at the time of
accident, multiplier method 18 is adopted and 1/3rd deduction only is
permissible. Accordingly, loss of income due to the death of the deceased to
the claim petitioners are be assessed as Rs.40,000/-X18X2/3 = Rs.4,80,000/-.
Rs.9,500 towards Loss of love and affection, funeral charges and loss of
estate.
9. So far as the compensation awarded by the Tribunal under other
heads are concerned, the same are modified to the extent as indicated infra.
Sl.No. Heads Tribunal Award High Court
1 Loss of Dependency Rs.9,72,000/- Rs.4,80,000/-
2 Loss of Estate Rs.10,000/- -
3 Loss of Consortium Rs.1,00,000/- -
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
Sl.No. Heads Tribunal Award High Court
Loss of Love and Rs.1,00,000/-
4 Affection
Funeral and Rs.25,000/- Rs.9,500
5 Transportation
Total Rs.11,97,000/- Rs.4,89,500/-
The amount awarded by the Tribunal under different heads, on
summation it comes out to Rs.12,07,000/-, which is wrongly mentioned as
Rs.11,97,000/- in the lower Court record.
10. Consequently, the total compensation amount of Rs.11,97,000/-
awarded by the Tribunal is hereby modified and reduced to Rs.4,89,500/-.
The appellant/Insurance Company is directed to deposit the modified
compensation amount of Rs.4,89,500/- with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit within a period
of four weeks from the date of receipt of a copy of this judgment and on such
deposit, the claimants are permitted to withdraw the entire award amount by
filing an appropriate application and the payments are to be made through
RTGS. Thus, the award dated 30.11.2015, passed in M.C.O.P.No.276/2011,
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
stands modified and C.M.A.No.1529/2016 stands allowed in part.
Consequently, connected miscellaneous petition is closed. No costs.
19.02.2021
Index : Yes / No
Internet : Yes/ No
AT
To
1.The Motor Accidents Claims Tribunal,
Subordinate Judge, Kallakurichi, Villupuram District.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
RMT.TEEKAA RAMAN,J.
AT
C.M.A.No.1529 of 2016 and
C.M.P.No.11662 of 2016
19.02.2021
