Madras High Court
The Oriental Insurance Company ... vs A.Mariammal on 20 January, 2021
C.M.A(MD)No.129 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A(MD) No.129 of 2020
and
CMP(MD).No.2354 of 2020
The Oriental Insurance Company Limited,
Rep. thro' the Branch Manager,
No.1024B, Sri Vijay Complex,
Cumbum Road, Opposite Bus Stand,
Theni Taluk, Theni District. ... Appellant/ 2nd Respondent
vs.
1. A.Mariammal
2. Minor Shalini
3. Minor Yuvanesh
(Minor 2nd and 3rd respondents are
represented thro' their mother
and natural guardian of 1st respondent
Mariammal)
P.Jeganathan (Died)
4. A.Moorthy
5. A.Vijaya
6. J.Kumutha
7. J.Savitha
http://www.judis.nic.in
1/6
C.M.A(MD)No.129 of 2020
8. J.Viji Ananth ... 4 to 8 Respondents/3 to 7 Respondents
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
to set aside the impugned award passed in M.C.O.P.No.48 of 2017 dated
15.06.2019, on the file of the MACT Cum Additional District Judge
(FTC), Theni.
For Appellant : Mr.K.Bhaskaran
For Respondents : M/s.S.Prabha for R1 to R3
M/s.R.Sridevi for R5
No Appearance for R4, R6 to R8.
JUDGMENT
This Civil Miscellaneous Appeal is filed by the
appellant/Insurance Company, against the award made in M.C.O.P.No.48
of 2017 dated 15.06.2019, on the file of the learned Motor Accident
Claims Tribunal Cum Additional District Judge (FTC), Theni.
2. Heard the learned counsel appearing for the appellant as well as
for the respondents 1 to 3 and 5.
3. When the matter is taken up for hearing, the learned Counsel for
the appellant/Insurance Company questioned the quantum of
compensation on various grounds and mainly, he would refer paragraph
No.5 of the affidavit filed in support of this appeal and the same is
extracted hereunder:-
http://www.judis.nic.in
C.M.A(MD)No.129 of 2020
"5. The Appellant Calculation is as follows:-
The Lower Court ought to have fixed the income as
follows:- The income means Income (-) Income Tax, this was not
calculated in this case. The total income including future
prospect [Rs.26,482/- (+)15% Rs.3,972/-=Rs.30,454/-], if the
Income Tax to be deducted as 10% i.e., Rs.30,454/-x12=Rs.
3,65,448/- (-) Rs.36,554/- = Rs.3,28,904/-, 1/4th deducted has
been Rs.82,226/-, the dependency compensation is [Rs.3,28,907/-
(-) Rs.82,226/-] = Rs.2,46,678/- x 11 = Rs.27,13,458/- + Rs.
70,000/- conventional damage = Rs.27,83,458/- "
4. Learned Counsel appearing for the respondents 1 to 3/claimants
stated that the first respondent/first petitioner is suffering from cancer
and hence, she is urgently need of amount and therefore, would agree for
the above amount of Rs.27,83,458/- along with interest at the rate of
7.5% per annum.
5. Considering the facts and circumstances of the case and the
submission made by the learned Counsel for the respondents 1 to
3/claimants, the amount awarded by the Tribunal is modified as follows:-
http://www.judis.nic.in
C.M.A(MD)No.129 of 2020
The total income including future prospect [Rs.26,482/- (+)15%
Rs.3,972/-=Rs.30,454/-], if the Income Tax to be deducted as 10% i.e.,
Rs.30,454/-x12=Rs.3,65,448/- (-) Rs.36,554/- = Rs.3,28,904/-, 1/4th
deducted has been Rs.82,226/-, the dependency compensation is [Rs.
3,28,907/- (-) Rs.82,226/-] = Rs.2,46,678/- x 11 = Rs.27,13,458/- +
conventional damage at Rs.70,000/- = Rs.27,83,458/-.
6. The learned Counsel for the appellant/Insurance Company
would submit that entire amount has been deposited with interest at the
rate of 7.5% per annum from the date of claim petition till the date of
deposit.
7. It is represented that since the first respondent/first petitioner is
suffering from cancer, she has already withdrawn a sum of Rs.
10,00,000/- towards her share and from the remaining award amount, the
first respondent/first petitioner is entitled to withdraw a sum of Rs.
83,458/- and the minors 2nd and 3rd respondents/2nd and 3rd petitioners
are entitled to Rs.4,00,000/- each and the 4th and 5th respondents/3rd and
4th respondents are entitled to Rs.4,50,000/- each, along with
proportionate interest at the rate of 7.5% per annum from the date of
http://www.judis.nic.in
C.M.A(MD)No.129 of 2020
claim petition till date of realisation and proportionate costs; by filing
formal application before the Tribunal. Insofaras the share of the minors
2nd and 3rd respondents/2nd and 3rd petitioners are concerned, thier shares
of Rs.4,00,000/- each with accrued interest shall be deposited in any one
of the Nationalized Bank, in Fixed Deposit, initially for a period of three
years, renewable thereafter, till they attain majority. The first
respondent/first petitioner, the mother and guardian of the minors, is
permitted to withdraw the interest accrued thereon once in three months
and utilize the same for the welfare of the minors. The
appellant/Insurance company is permitted to withdraw the balance
amount lying in the Bank.
8. In the result, this Civil Miscellaneous Appeal is partly
allowed and the award passed in M.C.O.P.No.48 of 2017 dated
15.06.2019, on the file of the Motor Accident Claims Tribunal /
Additional District Court (FTC), Theni, is hereby modified to the extent
indicated above. No costs. Consequently, the connected miscellaneous
petition is closed.
20.01.2021
Internet : Yes / No
Index : Yes / No
pkn
http://www.judis.nic.in
C.M.A(MD)No.129 of 2020
J.NISHA BANU,J
pkn
To
The Branch Manager,
Oriental Insurance Company Limited,
No.1024B, Sri Vijay Complex,
Cumbum Road, Opposite Bus Stand,
Theni Taluk, Theni District.
C.M.A(MD) No.129 of 2020
20.01.2021
http://www.judis.nic.in
