Bharti Axa General Insurance ... vs Poornam :First
2021 Latest Caselaw 4901 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              RESERVED ON :30.03.2022

                                           PRONOUNCED ON :04.04.2022

                                                       CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                            C.M.A(MD)No.564 of 2021


                     Bharti AXA General Insurance Company Limited,
                     45/1A, Rajabarley Building, Second Floor,
                     Bypass Road, Near Rathna Mt.Hospital,
                     Madurai – 625 010.
                     through its Branch Manager.
                                             :Appellant/Second Respondent

                                                .vs.

                     1.Poornam                  :First Respondent/Petitioner

                     2.Vigneshwaran

                     3.Raj

                     4.The Oriental Insurane Company Limited,
                       B2, LKG Complex,First Floor,
                       North Car Street,
                       Tenkasi,
                       Tirunelveli District.
                       Through Branch Manager. :Respondents 2 to 4/Respondents 1,3
                                                                      and 4



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act,1988, against the judgment and decree made in
                     M.C.O.P.No.585 of 2015, dated 25.2.2021, on the file of the Motor


                     1/6
https://www.mhc.tn.gov.in/judis
                     Accidents           Claims    Tribunal   Authority/The     Special    Sub-Judge,
                     Tirunelveli, insofar as the quantum of compensation is concerned.


                                         For Appellant             :Mr.V.Sakthivel

                                         For Respondent-1         :Mr.T.Lenin Kumar
                                                                   for Mr.E.Chandrasekaran

                                         For Respondents           :No appearance
                                               2 and 3

                                                       JUDGMENT

*********

This Civil Miscellaneous Appeal is directed against the

judgment and decree made in M.C.O.P.No.585 of 2015, dated

25.2.2021, on the file of the Motor Accidents Claims Tribunal

Authority/The Special Sub-Judge, Tirunelveli, insofar as the

quantum of compensation is concerned.

2.Insurance Company is the appellant herein, challenging the

award of the Tribunal, on the quantum of compensation.

3.The factum of the accident, manner of the accident and rash

and negligence on the part of the offending vehicle are not disputed

and hence, the findings of the Tribunal with regard to the same are

confirmed.

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

4.The first respondent/claimant is the mother of the deceased

boy, aged about 15 years at the time of accident.

5.On the point of quantum of compensation, both the parties

are heard.

6.As per Ex.P8-Educational Certificate, the date of birth is

mentioned as 17.08.1999 and as on the date of the accident, he is

aged 15 years,1 month and 13 days and hence, the age of the

deceased is taken as 15 years at the time of accident. As per

Sarla Verma's case, multiplier for the age group of 15 is '15'.

7.The Tribunal has considered the date of the accident and

the father of the deceased has also pre-determined him and the

claim petitioner being the mother, has no other person to support

her, has come to the conclusion that the notional income of Rs.

9,000/- need not be altered. Following the Pranay Sethy's case,

he is entitled to 40% furture prospects. Since the deceased is a

bachelor, 50% of the salary has to be deduced towards his personal

expenses. Accordingly, the pecuniary loss is reassessed at Rs.

9,000/- +Rs.3,600/- = Rs.12,600/- - Rs.6,300/- = Rs.

https://www.mhc.tn.gov.in/judis 6,300/-.Hence the pecuniary loss is reassessed at Rs.6,300/- x 12

x15=Rs.11,34,000/-. Further, this Court awards parental consortium

at Rs.40,000/-, loss of estate at Rs.15,000/-, funeral expenses at

Rs.15,000/- and also transport expenses at Rs.15,000/-, totally the

compensation payable to the claimant is arrived at Rs.12,19,000/-.

8.In fine, the Civil Miscellaneous Appeal is partly allowed,

reducing the compensation from Rs.14,30,000/- to Rs.12,19,000/-

with interest at 7.5%p.a from the date of claim petition till the date

of realisation. It is reported that the appellant/Insurance Company

has deposited 50% of the award amount to the credit of claim

petition. The appellant Insurance Company is directed to deposit the

balance of the modified award amount with proportionate accrued

interest and costs, less the award amount already deposited, within

a period of eight weeks from the date of receipt of a copy of this

order. On such deposit being made, the claimant is permitted to

withdraw the award amount so deposited, by filing necessary

application before the Tribunal. No costs.

04.04.2022

https://www.mhc.tn.gov.in/judis Index:Yes/No

Internet:Yes/No

vsn

To

1.The Motor Accidents Claims Tribunal, The Special Sub-Judge, Tirunelveli.

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

https://www.mhc.tn.gov.in/judis RMT.TEEKAA RAMAN.,J.

vsn

PRE-DELIVERY JUDGMENT IN C.M.A(MD)No.564 of 2021

04.04.2022

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