Madras High Court
Branch Manager vs Selvarani on 25 February, 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 25.02.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD) No.1503 of 2010
and
M.P.(MD)No.2 of 2010
and
C.M.P(MD)No.10384 of 2016
Branch Manager,
The New India Assurance Co., Ltd.,
Rajapalayam. .. Appellant/Respondent-2
vs.
1.Selvarani
2.Vigneswari
3.Harishkumar .. Respondents 1 to 3/Petitioners
4.Selvarani
(2nd respondent declared as major and
guardianship discharged vide Court
Order dated 01.09.2016)
(Suo motu the 3rd respondent declared as major and
guardianship discharged vide Court
Order dated 25.02.2021) .. Respondent-4/Respondent-1
1/8
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Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, against the award dated 17.03.2010 and made in
M.C.O.P.No.180 of 2006, on the file of the Motor Accident Claims
Tribunal, Sub Court, Srivilliputhur and praying to set aside the same.
For Appellant :Mr.D.Sivaraman
For R1 to R3 :Mr.S.Kadarkarai
For R4 : No appearance
JUDGMENT
The wife and two minor children of the deceased Godhandaramulu
filed M.C.O.P.No.180 of 2006 before the Motor Accident claims
Tribunal, Sub Court, Sirvilliputhur claiming compensation of
Rs.10,00,000/-.
2. It is their case that on 27.04.2006 the deceased Godhandaramulu
was an occupant in a Qualis Car bearing Registration No.TN-63-C-3232
and when the vehicle was proceeding from Madurai to Rajapalayam, the
driver drove it in a rash and negligent manner and hit against the
Tamarind tree, in which, he sustained injuries and died on the spot.
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3. The counter affidavit has been filed by the appellant to oppose
the claim petition stating that the first claimant is the owner of the
offending vehicle and the deceased cannot be termed as 3rd party and
hence, the claim petition itself is not maintainable. The age and income
of the deceased were also denied and disputed by the appellant.
4. Before the Tribunal, on behalf of the claimants, P.Ws.1 & 2 were
examined and 6 documents were marked as Ex.P1 to Ex.P6. The
appellant examined one witness as R.W.1 and produced three documents
as Ex.R1 to Ex.R3.
5. The first claimant deposed before the Tribunal that he along
with deceased travelled in the offending vehicle at the time of accident
and it occurred due to the negligence of its driver. She also produced
Ex.P1-FIR, Ex.P3-Motor Vehicle Inspector report, Ex.P-4-charge-sheet.
The respondents have not seriously disputed the accident and it was their
main contention that the owner herself cannot maintain the claim
petition.
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6. It is relevant to note that the claim petition came to be filed by
the wife and minor children of the deceased. Admittedly, the first
claimant was the owner of the offending vehicle. It appears that during
the pendency of the claim petition, a memo was filed before the Tribunal
for relinquishing her right in the claim petition. The Tribunal based on
the evidence of P.W.1, Ex.P.1 and Ex.P4 rightly held that the accident
occurred due to the negligence of the driver of the offending vehicle.
7. It is the contention of Mr.D.Sivaraman, learned counsel for the
appellant, that the Tribunal has erred in awarding the entire claim making
the Insurance Company liable to pay the amount.
8. Per contra, Mr.S.Kadarkarai, learned counsel appearing for the
claimants would state that the deceased was working as an Assistant
Executive Engineer in TNEB and based on the salary, the Tribunal has
passed reasonable award, which does not require any interference in the
award of the Tribunal. I find force in the submission of the learned
counsel for the claimants.
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9. The contention of the appellant that they are not liable to pay
compensation was rejected by the Tribunal since the offending vehicle
had a package policy at the time of accident and the deceased was treated
as a 3rd party. The deceased in this case was an Assistant Executive
Engineer and he died at the age of 38 years. The salary certificate of the
deceased Ex.P6 shows that he was paid Rs.8,500/- per month. From
which, 1/3rd was deducted for his personal expenses, and his contribution
was taken Rs.5,424/-. By applying multiplier '16', an amount of
Rs.10,41,408/- was arrived at as loss of income. In addition, Rs.10,000/-
was awarded for loss of love and affection. Though the total amount
comes to Rs.10,51,408/-, but the Tribunal has awarded a sum of
Rs.10,00,000/- as the claim is only Rs.10,00,000/-.
10. It is settled law that the Tribunal has to award just
compensation and need not be restricted to the amount mentioned in the
claim petition. So, I am of the view that the claimants 2 & 3/Respondents
2 & 3 would be entitled for Rs.10,51,408/- with interest at the rate of
7.5% per annum.
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11. For the reasons stated above, the appeal fails and the same is
dismissed. The claimants 2 & 3 were minors at the time of filing the
claim petition and the second claimant was declared as major on
01.09.2016. By this time, the third claimant Harishkumar also should
have become major and hence, the third respondent herein is suo motu
declared as major. The award amount shall be shared by the claimants 2
& 3 equally.
12. In that view, the Civil Miscellaneous Appeal is dismissed, as
devoid of merits. The appellant is directed to deposit the entire award
amount with accrued interest and costs, less the amount already
deposited, if any, within a period of eight weeks from the date of receipt
of a copy of this order. On such deposit being made, the respondents 2 &
3/Claimants 2 & 3 are permitted to withdraw the amount equally by
making necessary application before the Tribunal. No costs.
Consequently, connected miscellaneous petitions are closed.
Index:Yes/No 25.02.2021
Internet:Yes/No
am
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To
1.The Motor Accident Claims Tribunal,
Sub Court, Srivilliputhur
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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K.KALYANASUNDARAM,J
am
JUDGMENT MADE IN
C.M.A(MD) No.1503 of 2010
25.02.2021
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