Madras High Court
M/S. Reliance General Insurance ... vs E.Chinnaiah on 25 February, 2021
C.M.A.No.442 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.442 of 2021
and
C.M.P.No.2803 of 2021
M/s. Reliance General Insurance Company Limited,
Reliance House, 6th Floor,
Haddows Road,
Chennai – 600 006. .. Appellant
Vs.
1.E.Chinnaiah
2.Minor. C.Harini
3.Minor. C.Richards
(Minor respondents 2 & 3 represented by their
Father E.Chinnaiah, 1st respondent herein)
4.K.Ravi .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and decree dated 17.12.2019
made in M.C.O.P.No.7873 of 2014 on the file of the Motor Accident Claims
Tribunal, Special Sub Court No.II, Small Causes Court, Chennai.
For Appellant : Mr.S.Arunkumar
1/8
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C.M.A.No.442 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 17.12.2019 made in M.C.O.P.No.7873 of 2014 on the file of the Motor
Accident Claims Tribunal, Special Sub Court No.II, Small Causes Court,
Chennai.
2.The appellant is the 2nd respondent in M.C.O.P.No.7873 of 2014 on
the file of the Motor Accident Claims Tribunal, Special Sub Court No.II,
Small Causes Court, Chennai. The respondents 1 to 3 filed the above said
claim petition claiming a sum of Rs.29,00,000/- as compensation for the
death of one Stella Mary, who died in the accident that took place on
08.08.2014.
3.According to respondents 1 to 3, on 08.08.2014 at about 15.30 hours,
while the deceased Stella Mary was riding as pillion rider in the motorcycle
bearing Registration No.TN 20 BM 2721 driven by one Durai from Porur to
Valasaravakkam on the Arcot Road from West to East direction, near the
Kadumbadi Amman Street Junction, the driver of the van bearing
Registration No.TN 20 AK 8980 belonging to 4th respondent, who was
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C.M.A.No.442 of 2021
driving the van behind the motorcycle, came in a rash and negligent manner
and dashed against the motorcycle in which the deceased was travelling as
pillion rider and caused the accident. In the accident, the said Stella Mary
sustained severe injuries and died in the Hospital. Therefore, the respondents
1 to 3 filed the said claim petition claiming a sum of Rs.29,00,000/- as
compensation against the 4th respondent and appellant, being the owner and
insurer of the van respectively.
4.The 4th respondent-owner of the van remained exparte before the
Tribunal.
5.The appellant-Insurance Company, insurer of the van filed counter
statement and denied all the averments made by the respondents 1 to 3. The
appellant denied the manner of accident as alleged by the respondents 1 to 3.
The appellant denied that the 4th respondent's van was having valid vehicular
records, valid insurance and also the driver of the 4th respondent was
possessing valid driving license at the time of accident. The respondents 1 to
3 have to prove that they are the only legal heirs of the deceased by producing
valid documents. The appellant denied the age, avocation and income of the
deceased. In any event, the quantum of compensation claimed by the
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C.M.A.No.442 of 2021
respondents 1 to 3 are highly excessive and prayed for dismissal of the claim
petition.
6.Before the Tribunal, the 1st respondent examined himself as P.W.1,
one Gowthaman, eyewitness to the accident was examined as P.W.2 and 9
documents were marked as Exs.P1 to P9. The appellant-Insurance Company
did not let in any oral and documentary evidence.
7.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the van belonging to 4th respondent and directed the
appellant to pay a sum of Rs.22,54,000/- as compensation to the respondents
1 to 3.
8.Questioning the quantum of compensation awarded by the Tribunal
in the award dated 17.12.2019 made in M.C.O.P.No.7873 of 2014, the
appellant-Insurance Company has come out with the present appeal.
9.The learned counsel appearing for the appellant contended that the
respondents failed to prove the age, avocation and income of the deceased by
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C.M.A.No.442 of 2021
producing valid documents. In the absence of any material evidence to prove
the avocation and income, a sum of Rs.10,000/- per month fixed by the
Tribunal as notional income of the deceased is excessive. The amounts
awarded by the Tribunal towards loss of love and affection, filial consortium
and 40% enhancement granted by the Tribunal towards future prospects are
highly excessive. In any event, the total compensation awarded by the
Tribunal at Rs.22,54,000/- is highly excessive and prayed for setting aside the
award passed by the Tribunal.
10.Heard the learned counsel appearing for the appellant-Insurance
Company and perused the entire materials on record.
11.From the materials available on record, it is seen that it is the claim
of the respondents 1 to 3 that the deceased was aged 29 years, working as
Sales Executive at M/s.Power Bajaj, Ashok Nagar Branch, Chennai – 600
083 and was earning a sum of Rs.7,500/- per month as salary and getting
commission of Rs.10,000/- per month at the time of accident. But they failed
to prove the avocation and income of the deceased. In the absence of any
material evidence with regard to avocation and income of the deceased, the
Tribunal fixed a sum of Rs.10,000/- per month as notional income of the
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C.M.A.No.442 of 2021
deceased by following the judgment of Division Bench of this Court reported
in 2019 (1) TNMAC 54 (DB), [Andal and others Vs. Avinav Kannan and
other]. The accident occurred in the year 2014 and the monthly income fixed
by the Tribunal is not excessive. As far as the contention of the learned
counsel appearing for the appellant that compensation awarded by the
Tribunal towards loss of love and affection and parental consortium are
excessive is concerned, the respondents 2 and 3, minor children of the
deceased have lost their Mother at young age and loss of their Mother cannot
be compensated monetarily and also the love and affection shown by their
mother cannot be compensated by granting compensation. Therefore, the
amounts awarded by the Tribunal towards loss of love and affection and
parental consortium are not interfered with. The Tribunal considering the
entire materials on record, has awarded a sum of Rs.22,54,000/- as
compensation to the respondents 1 to 3, which is not excessive warranting
interference by this Court.
12.In the result, this Civil Miscellaneous Appeal is dismissed and a
sum of Rs.22,54,000/- awarded by the Tribunal as compensation to the
respondents 1 to 3, along with interest and costs is confirmed. The appellant-
Insurance Company is directed to deposit the award amount along with
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C.M.A.No.442 of 2021
interest and costs, less the amount if any already deposited, within a period of
six weeks from the date of receipt of a copy of this judgment to the credit of
M.C.O.P.No.7873 of 2014 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.II, Small Causes Court, Chennai. On such deposit, the
1st respondent is permitted to withdraw his respective share of the award
amount as per the ratio of apportionment fixed by the Tribunal along with
proportionate interest and costs after adjusting the amount, if any already
withdrawn, by filing necessary applications before the Tribunal. The share of
the minor respondents 2 and 3 is directed to be deposited in any one of the
Nationalized Banks, till the minor respondents 2 and 3 attains majority. On
such deposit, the 1st respondent, being the Father of the minor respondents 2
and 3 is permitted to withdraw the accrued interest once in three months for
the welfare of the minor respondents 2 and 3. Consequently, the connected
Miscellaneous Petition is closed. No costs.
25.02.2021
krk
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.442 of 2021
V.M.VELUMANI, J.
krk
To
1.The Special Subordinate Judge No.II,
Motor Accidents Claims Tribunal,
Small Causes Court,
Chennai
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.442 of 2021
25.02.2021
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