Madras High Court
United India Insurance Co. Ltd vs K.Prabhakar Reddy on 24 February, 2021
C.M.A.No.144 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.144 of 2019
and
C.M.P.No.683 of 2019
United India Insurance Co. Ltd.,
No.70, N.S.C. Bose Road,
Sowcarpet, Chennai – 600079. ... Appellant
vs
1.K.Prabhakar Reddy
S/o.K.Koni Reddy
2.K.Kamalamma
W/o.Prabhakar Reddy
3.K.Lakshmi
W/o.M.Srikanth Reddy
K.Sireesha (since died)
D/o.Prabhakar Reddy
(K.Sireesha since died amended as per
order in MP.121/2018 dated 13.3.2018)
4.V.Laxmi
W/o.Vengi ... Respondents
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C.M.A.No.144 of 2019
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 16.04.2018 passed in
M.C.O.P.No.6742 of 2013 on the file of the Motor Accident Claims Tribunal,
Special Sub Court II, Chennai.
For Appellant : Mr.S.Arunkumar
For Respondents : Mr.P.Selvaraj [R1 to R3]
Ex parte [R4]
*****
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
This matter is heard through Video-Conferencing.
2. For the sake of convenience, appellant herein is referred to as
'Insurance Company' and respondents 1 to 3 herein are referred to as
'Claimants'.
3. Questioning the quantum of compensation awarded by the Tribunal in
and by its judgment and decree 16.04.2018 passed in M.C.O.P.No.6742 of
2013 on the file of the Motor Accident Claims Tribunal, Special Sub Court II,
Chennai., the Insurance Company has filed the present appeal.
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C.M.A.No.144 of 2019
4. The brief facts of the case are as follows:
Claimants are parents and sister of deceased K.Nanda Kishore
respectively. On 02.01.2013 at about 08.00 a.m., while the deceased was
riding his two-wheeler bearing Registration No.TN-22-BW-7929 on the
Velacherry to Medavakkam Main Road, a Tipper Lorry bearing Registration
No.TCW-4626 came in a rash and negligent manner and dashed against the
two-wheeler of the deceased, due to which the deceased sustained grievous
injuries and died. Hence, claimants filed a petition seeking compensation in a
sum of Rs.40,00,000/- for the death of the deceased.
5. Resisting the claim made by claimants, Insurance Company has filed
a detailed counter statement inter alia contending that the accident had not
occurred in the manner as projected by claimants. They have also denied the
age, occupation and income of the deceased. Thus, they prayed for dismissal
of the claim petition.
6. To prove their claim, on the side of claimants, 3 witnesses were
examined as PWs.1 to 3 and 17 documents were marked as Exs.P1 to P17. On
the side of Insurance Company, 1 witness was examined and 4 exhibits were
marked.
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C.M.A.No.144 of 2019
7. On appreciation of materials and the evidence on record, the Tribunal
arrived at a finding that the accident had occurred due to the rash and
negligent driving of the Tipper Lorry bearing Registration No.TCW-4626.
On coming to such a finding, the Tribunal directed the Insurance Company, as
insurer of the offending vehicle, to pay compensation. The Tribunal awarded a
sum of Rs.27,18,000/- as compensation. The break-up details are as follows:
Sl.No. Compensation awarded under the head Amount (in Rs.)
1. Loss of pecuniary benefits 26,88,000/-
2. Loss of estate 15,000/-
3. Funeral expenses 15,000/-
Total 27,18,000/-
The said sum of Rs.27,18,000/- was directed to be paid together with interest
at 7.5% p.a. from the date of claim petition till the date of realisation.
Questioning the quantum of compensation, the Insurance Company has filed
the present appeal.
8. Learned counsel for Insurance Company submits that it was the claim
of claimants before the Tribunal that the deceased was working as Purchasing
Manager in M/s.R.K.International Service Pvt. Ltd., Neelankarai, Chennai and
was earning a sum of Rs.20,000/- p.m. To establish such contention, a staff
from such company has been examined as PW-3 and through him, Ex.P17 –
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C.M.A.No.144 of 2019
Salary Certificate of the deceased was marked, in which the monthly salary of
the deceased was shown as Rs.20,000/-. The Tribunal, based on Ex.P17 –
Salary Certificate, fixed the monthly income of the deceased at Rs.20,000/-.
The grievance of the Insurance Company is that except Ex.P17 – Salary
Certificate, no other authenticated documents such as attendance register, pay
slip etc. have been produced. Under such circumstances, the Tribunal ought
not to have fixed the monthly income of the deceased at Rs.20,000/- solely
relying upon Ex.P17 – Salary Certificate. Hence, learned counsel prays this
Court to fix the notional monthly income of the deceased at Rs.12,000/- and
accordingly, modify the compensation awarded by the Tribunal.
9. On the other hand, learned counsel for claimants made his
submissions supporting the award passed by the Tribunal.
10. This Court has considered the rival submissions. Perused the
materials on record.
11. Since only the quantum of compensation is challenged in the present
appeal, this Court is not dealing with the other aspects of the award passed by
the Tribunal.
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C.M.A.No.144 of 2019
12. As rightly submitted by the Insurance Company, this Court finds
that except Ex.P17 – Salary Certificate, no other authenticated document has
been produced to establish the monthly income of the deceased. Under such
circumstances, the Tribunal ought not to have fixed the monthly income of the
deceased at Rs.20,000/- solely relying upon Ex.P17 – Salary Certificate.
Considering the avocation and age of the deceased at the time of accident as
also the fact that the accident took place in the year 2013 and the cost of living
prevailed at that point of time, this Court is of the view that it would be
appropriate to fix a sum of Rs.12,300/- as the monthly income of the deceased
to arrive at a just and proper compensation. Accordingly, the monthly income
of the deceased is fixed at Rs.12,300/-. The deceased was a bachelor. Hence,
50% of the income has to be deducted towards personal expenses.
Accordingly, the compensation payable under the head 'loss of pecuniary
benefits' is re-calculated as follows:
Monthly Income : Rs. 12,300/-
Add : Future Prospects
40% of Rs.12,500/- : Rs. 4,920/-
-----------------
Rs. 17,220/-
Less : Personal expenses
1/2 of Rs.17,500/- : Rs. 8,610/-
------------------
Rs. 8,610/-
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C.M.A.No.144 of 2019
Annual income
(Rs.8,610 *12) : Rs. 1,03,320/-
Multiplier : x 16
------------------
Loss of pecuniary benefits : Rs.16,53,120/-
------------------
13. Further, this Court finds that no sum has been awarded towards loss
of love and affection. Hence, a sum of Rs.1,20,000/- (40000 * 3) is awarded
towards loss of love and affection. A sum of Rs.15,000/- awarded by the
Tribunal towards funeral expenses is on the higher side and hence, the same is
reduced to Rs.10,000/-. The amount of Rs.15,000/- awarded under the head
'loss of estate' is hereby confirmed.
14. Accordingly, the modified compensation payable would be:
Award of the Award of
Sl. Compensation awarded under
Tribunal this Court
No. the head
(in Rs.) (in Rs.)
1. Loss of pecuniary benefits 26,88,000/- 16,53,120/-
2. Loss of love and affection - 1,20,000/-
3. Loss of estate 15,000/- 15,000/-
4. Funeral expenses 15,000/- 10,000/-
Total 27,18,000/- 17,98,120/-
Rounded off to 18,00,000/-
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C.M.A.No.144 of 2019
In the result, the Civil Miscellaneous Appeal is partly allowed. The
compensation of Rs.27,18,000/- awarded by the Tribunal is reduced to
Rs.18,00,000/- [Rupees Eighteen Lakhs only]. The Insurance Company is
directed to deposit the modified compensation, less the amount already
deposited, together with interest at 7.5% p.a. from the date of claim petition till
the date of deposit within a period of four weeks from the date of receipt of
this judgment. On such deposit being made by Insurance Company,
respondents 1 to 3/claimants are permitted to withdraw their respective shares,
as apportioned by Tribunal, along with accrued/proportionate interest and
costs, less the amount, if any already withdrawn by them, by filing necessary
application before the Tribunal. No costs. Connected miscellaneous petition is
closed.
[R.P.S., J] [S.S.K., J]
24.02.2021
Speaking/Non-speaking order
Index: yes/no
Internet:yes/no
gm
https://www.mhc.tn.gov.in/judis/
C.M.A.No.144 of 2019
To
1.The Motor Accident Claims Tribunal,
Special Sub Court II,
Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.144 of 2019
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
gm
C.M.A.No.144 of 2019
24.02.2021
https://www.mhc.tn.gov.in/judis/
