Madras High Court
M/S.The Oriental Insurance ... vs P.Periyammal on 23 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
C.M.A(MD)No.430 of 2018
and
CMP(MD)No.5339 of 2018
M/s.The Oriental Insurance Company Limited,
Divisional Office,
1st Floor, Loyola Building,
Salai Road,
Dindigul-624 001. : Appellant/2nd Respondent
Vs.
1.P.Periyammal
2.R.Paraman
3.P.Kiruthika : R1 to R3/Petitioners 1 to 3
4.C.Murali : R4/1st Respondent
PRAYER: Civil Miscellaneous Appeal has been filed under
Section 173 of Motor Vehicles Act against the award, dated
04.11.2017 made in MCOP No.265 of 2014 on the file of Motor
Accident Claims Tribunal (Sub Court). Kulithalai.
For Appellant : Mr.K.Bhaskaran
For R1 to R3 : Mr.N.Sudhagar Nagaraj
For 4th Respondent : Mr.C.Mayilvahana Rajendran
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 (Sub Court), Kulithalai, in MCOP
No.265 of 2014, dated 04.11.2017.
2.The short facts of the case is that on 04.08.2014 at about
6.40 pm, on Musiri-Velakanatham Main Road near Naicker
Thottam, the deceased Prasanth was riding his TVS Sport Motor
cycle TN-47-U-3180 along with his friends Gobi and Balamurugan,
at that time, a Eicher Milk Van TN-57-M-7670 came in a rash and
negligent manner and dashed against the Two Wheeler. Due to the
impact, the deceased Prasanth and his two friends fell down from
the vehicle and sustained fatal injuries, while the deceased
Prasanth, died on the spot. The claimants, being the legal heirs of
the deceased filed a claim petition seeking compensation of Rs.
20,00,000/- on the ground that the driver of the Eicher Lorry was
responsible for the accident.
3.The claimants have stated that at the time of accident, the
deceased was working as Car Driver in a private company and was
earring Rs.25,000/- per month. A criminal case in Crime No.291 of
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2014 was registered against the driver of the Eicher Lorry by
Murisi Police.
4.The claim was opposed by the appellant Insurance
Company 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 Lorry was
responsible for the accident and awarded compensation of Rs.
13,81,000/- with interest @ 7.5% p.a. Challenging the award of the
tribunal, the Insurance Company is before this court as appellant.
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.
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8.It is contended by the learned counsel for the appellant that
the tribunal has failed to note that the practice of deduction
towards personal and living expenses of the deceased, 1/3rd of the
income if the deceased was married and one half (50%) of the
income of the deceased was a bachelor and and the tribunal has
wrongly added 50% future prospects, instead of 40% as the
deceased was on a fixed salary and the monthly income fixed by the
tribunal is on the higher side and in respect of conventional head,
the award of the tribunal is also on the higher side. On the other
hand, the learned counsel for the 1st respondent/claimant submitted
that the income fixed by the tribunal is on the lower side since the
deceased was died at the age of 23 and in respect of other heads,
the compensation is to be enhanced to some extent.
9.It is not in dispute that at the time of the accident, the
deceased was aged about 23 years and he was working as a Car
Driver in a Private Company namely Vinayaka Drugs Company,
Trichy and he was a bachelor. PW1 has stated that the deceased
was working as a Car Driver and he was earning a sum of Rs.
25,000/- per month. However, no reliable document has been
produced to that effect. Hence, the tribunal assessed the income of
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the deceased at Rs.6,000/- per month and by applying proper
multiplier, has awarded a sum of Rs.13,50,000/- towards loss of
income.
10.Perusal of the records would reveal that the deceased was
working as a Car Driver. Considering the above facts and the age
of the deceased at the time of the accident, the court fixed the
notional income of the deceased at Rs.7,000/- per month. By adding
40% towards future prospects, the monthly loss of income of the
deceased is calculated at Rs.9,800/- (Rs.7,000/- + 2,800/-). Since
the deceased is a bachelor, after deducting 50% towards his
personal and living expenses and by applying proper multiplier '18',
this court awards Rs.10,58,400/- (Rs.4,900/- x 12 x 15) towards
loss of income. In addition to that , as per the decisions in the case
of Pranay Sethi & Megma General Insurnce Company), this
Court awards Rs.40,000/- towards parental consotirum to the
claimants 1 and 2; Rs.15,000/- towards loss of amenities adn Rs.
15,000/- towards futuneral expenses In total, the claimants would
be entitled for Rs.11,68,400/- together with interest @ 7.5% p.a.
https://www.mhc.tn.gov.in/judis/
30.With the above observation, the Civil Miscellaneous
Appeal is partly allowed. The award is reduced to Rs.11,68,400/-
from Rs.13,81,000/-. The appellant Insurance Company is directed
to deposit the modified award amount together with accrued
interest and costs, less the amount already deposited, within a
period of six weeks from the date of receipt of a copy of this
judgment. On such compliance, the claimants are entitled to
withdraw their respective share as per the ratio fixed by the
tribunal, with accrued interest and costs, without filing any formal
petition before the tribunal. No costs. Consequently, connected
Miscellaneous Petition is closed.
23.02.2021
Index:Yes/No
Internet:Yes/No
er
To
1.The Motor Accidents Claims Tribunal/
The Sub Court, 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.430 of 2018
23.02.2021
https://www.mhc.tn.gov.in/judis/
