Madras High Court
The Manager vs Nagarani on 22 February, 2021
C.M.A.No.1164 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021
CORAM
HONOURABLE MR. JUSTICE R.SUBBIAH
AND
HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.1164 of 2016
The Manager,
Royal Sundaram Alliance General Insurance,
Sundaram Towers,
46, Whites Road,
Royapettah, Chennai – 600 014. ..Appellant/Petitioner
Vs.
1. Nagarani
W/o. Thirugnana Sampathkumar
2. Thirugnana Sampathkumar
S/o. A.Perumal
3. Sivagami
W/o. Subramani
4. Rathinakumar
S/o. Ponnusamy
5. M/s. IFFCO Tokio General Insurance Co. Ltd.,
Represented by its Manager,
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C.M.A.No.1164 of 2016
Tulsi Chambers, Third Floor,
T.V.Samy Road (West), R.S.Puram,
Coimbatore.
6. Praveen
S/o. Thirugnana Sampathkumar
(RR6 brought on record of the LR of the
deceased R1 Viz., Nagarani vide order
dated 08.02.2021 made in CMP.615 of 2021
in CMA.1164 of 2016) ...Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated
08.02.2016 in M.C.O.P.No.96 of 2010 on the file of the Motor Accident
Claims Tribunal, I Additional District and Sessions Court, Vellore.
For Appellant ::Mr.Elveera Ravindran
For Respondents ::R1 – Died
Mr.A.Gowthaman for R2
No Appearance for R3 & R4
Mrs. Saraswathi
for R.Krishnamoorthy for R5
JUDGMENT
(Judgment of the Court was delivered by SATHI KUMAR SUKUMARA KURUP,J.)
This Civil Miscellaneous Appeal has been filed against the Judgment
and Decree dated 08.02.2016 made in M.C.O.P.No.96 of 2010 on the file of
Motor Accident Claims Tribunal, I Additional District and Sessions Court,
Vellore.
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C.M.A.No.1164 of 2016
2. Aggrieved by the award passed by the Motor Accident Claims
Tribunal, Vellore, the appellant/Insurance Company filed this appeal
seeking to set aside the award passed by the Tribunal.
3. The case in brief is as follows:
On 28.03.2010 at about 7.15 pm, while the deceased was travelling
as a pillion rider in motor cycle bearing Registration No. TN-33-AK-9945 at
Avinashi to Kovai near Karumathampatti Police Quarters, the driver of the
third respondent's Innova Car bearing Reg. No.TN-39-AM-0637 drove the
same in a rash and negligent manner, dashed against the deceased, as a
result of which, he sustained grievous injuries and multiple fractures all
over the body. Immediately, he was taken to KMCH Hospital, Coimbatore.
In spite of treatment, he died.
4. Mr.Elveera Ravindran, learned counsel for the appellant/Insurance
Company submitted his arguments. As per his submissions, the Motor
Accident Claims Tribunal failed to appreciate the facts as to whose
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C.M.A.No.1164 of 2016
negligence resulted in the death of the victim. The claimants are parents
before the Tribunal. There is evidence available that the two wheeler hit
against the car. But, FIR was registered against the driver of the Car bearing
Registration No. TN-39-AM-0637. Further investigation revealed that the
two wheeler bearing Registration No. TN-33-AK-9945 came in a rash and
negligent manner and collided with the car bearing Registration No. TN-39-
AM-0637 . Therefore, even though the FIR was registered against the
driver of the car, as investigation proceeded further, action was dropped and
final report to that effect was sent to the Court of the learned Judicial
Magistrate. Further, damage was caused on the right side of the Car which
was proceeding from East to West at the place of occurrence whereas, the
two wheeler came from North to South and hit against the body of the car.
Motor Vehicle Inspector's report mentioned about the damage on the left
side of the two wheeler and the damage caused on the right side of the Car
and there was no damage or dent found on the front side of the Car. The
impact was on the centre of the East to West road as per the rough sketch
prepared by the Investigating Officer and as per the evidence of P.W.2. The
counsel for the Insurance Company/R5 also elicited those facts from the
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C.M.A.No.1164 of 2016
driver of the car, who was examined as R.W.2. The Tribunal failed to
appreciate the said facts and had fixed the liability on the part of the driver
of the car and made the Insurance Company liable to pay the compensation.
During the enquiry, a document was marked as appointment letter. The
deceased was a B.Tech final year student and an appointment letter was
issued based on which salary of the deceased was fixed by the Tribunal as
Rs.3,00,000/- per year and based on that the compensation was awarded for
loss of love and affection Rs.1,00,000/-. Therefore, the appellant Insurance
Company has come by way of appeal seeking to set aside the award. No
liability was fixed on the deceased as he was a pillion rider on the two
wheeler and he was not wearing the helmet at the time of accident.
Therefore, contributory negligence has to be fixed and the amount has to be
deducted from the compensation amount arrived at before this Court.
5. Mr.R.Krishnamoorthy, learned counsel appearing for the Insurance
Company/R5 has submitted his arguments. As per his submissions, the
liability has to be fixed on the two wheeler. Therefore, the deceased also
has to be made liable and his share of the award amount could be deducted.
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C.M.A.No.1164 of 2016
6. The learned counsel for the respondents 1 and 2/claimants
submitted that the appointment letter was issued by the Company in which
the deceased was selected as a candidate in the company, based on the
campus interview. The deceased was a brilliant student and without any
arrears, he had completed the third year. Candidates who do not have any
arrears and who have good academic record are only selected in campus
interviews. The deceased was offered Rs.3,01,500/- as annual income and
the same was marked. The learned counsel for the appellant Insurance
Company did not question the same. Therefore, the same has to be
accepted.
7. Point for consideration
Whether the first and second respondents/claimants are entitled to
enhancement of the award amount.
8. Perused the petition and counter in MCOP.No.96 2010 and the
impugned award passed by the Motor Accident Claims Tribunal, I
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C.M.A.No.1164 of 2016
Additional District and Sessions Court, Vellore and the grounds of appeal
filed by the claimants seeking enhancement.
9. Considering that the quantum of compensation awarded by the
Tribunal is high and excessive,as stated by the learned counsel for the
appellant, it is reconsidered as follows.
10. The Tribunal had fixed Rs.3,01,500/- as annual income, the
income fixed by the company in the appointment letter was Rs.3,01,500/-
per year. On the date of death, the deceased was aged 21 years. Therefore,
towards future prospects 40% of the income could be added. Loss of
Income is arrived at as follows:
Annual Income = Rs.3,01,500/-
Future Prospects (40%) = Rs.1,20,600/- =4,22,100/-
Income Tax upto Rs.1,60,000 – Nil
Rs.1,60,000 to Rs.3,00,000 _ 10%
Rs.3,00,000 to Rs.5,00,000 _ 20%
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C.M.A.No.1164 of 2016
Less Income Tax Payable = 3,00,000-1,60,000
= 1,40,000x10%=14,000
= 4,22,100-3,00,000
=1,22,100x20%=24,420
= 14000+24420=38420
Annual income for computation = 4,22,100-38,420 = 3,83,680
Taking the multiplier as 18 for the age group upto 25 years
Pecuniary Loss :: Rs.383680 x18x1/2
:: Rs.34,53,120/-
9. The amounts awarded by the Tribunal under the heads like “loss
of love and affection” and “loss of estate” are excessive. Therefore, this
Court fixes Rs.40,000/- each towards “loss of love and affection” and “loss
of estate” respectively.
10. Since the amounts awarded by the Tribunal under all the other
heads are just and fair, the same are hereby confirmed. The break-up details
of the amounts awarded under various heads are as follows:
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C.M.A.No.1164 of 2016
Sl. Head under which the Amounts Amounts
No compensation is awarded awarded by the awarded by this
Tribunal Court
1 Loss of Income 38,70,000 34,53,120
2 Loss of Love and 1,00,000 40,000
Affection
4 Loss of Estate 50,000 40,000
5 For Funeral Expenses 25,000 25,000
6 For Transportation 10,000 10,000
7 For Damages to Cloths 2000 2,000
and Articles
Total 40,57,000 35,70,120
12. As the deceased did not wear a helmet, he had succumbed the
injuries. Therefore, 10% contributory negligence is fixed on the
deceased/pillion rider.
Rs.35,70,120x10% = 3,57,012
Therefore, this Court awards compensation of a sum of Rs.32,13,108/-
(3570120-357012).
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C.M.A.No.1164 of 2016
13. The Point for consideration is answered in favour of the
appellant/Insurance Company against the respondents/Claimants.
14. In the result, this Civil Miscellaneous Petition is partly allowed.
The appellant/Insurance Company is directed to deposit the amount, which
we have determined in this appeal, to the credit of M.C.O.P.No.96 of 2010,
on the file of the Motor Accident Claims Tribunal, I Additional District and
Sessions Court, Vellore, with interest at the rate of 7.5% per annum from
the date of Claim Petition till the date of deposit along with costs if any as
awarded by the Tribunal, through RTGS or NEFT method as held by this
Court in (The Oriental Insurance Company Limited, Kannur Vs. Rajesh and
two others) 2016 (1) TN MAC 433, after adjusting the amount, if any,
already deposited, within a period of eight weeks from the date of receipt of
a copy of this judgment. On such deposit, the first claimant shall be entitled
to withdraw a sum of Rs.16,13,108/- with accrued interest and the second
claimant shall be entitled to withdraw a sum of Rs.16,00,000/- with
accrued interest. The appellants are directed to pay appropriate Court
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C.M.A.No.1164 of 2016
fees within a period of two months, failing which, they are not entitled to
claim interest on the award amount. No costs.
(R.P.S.J.) (S.S.K.J.)
dh 22.02.2021
Internet: Yes/No
Speaking order/Non Speaking order
To
1.The Motor Accident Claims Tribunal,
I Additional District and Sessions Court,
Vellore.
2.The Section Officer,
V.R.Section,
High Court of Madras.
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C.M.A.No.1164 of 2016
R.SUBBIAH, J.
AND
SATHI KUMAR SUKUMARA KURUP, J.
dh
C.M.A.No.1164 of 2016
22.02.2021
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