Madras High Court
The National Insurance Company vs Lalitha on 21 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN
C.M.A.No.1301 of 2015 and
M.P.No.1 of 2015
The National Insurance Company,
3rd Party Claims Office,
No.752, Mount Road,
Chennai - 2. ...Appellant
Vs.
1. Lalitha
2.Ulaganathan
3.Sai Jegadesan
4.Sri Vaisnavi Finance,
No.12/13, Kothandapani Street,
Mettupakkam, Chennai - 107. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree dated 18.09.2014,
made in M.C.O.P.No.4448 of 2011, on the file of the Motor Accidents
Claims Tribunal, IV Court of Small Causes, Chennai.
For Appellant : Mr.S.Arun Kumar
For Respondents : No appearance
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2
JUDGMENT
This Civil Miscellaneous Appeal is filed by the United India
Insurance Company Limited, challenging, the Judgment and decree
passed in M.C.O.P.No. 4448 of 2011, on the file of the Motor Accidents
Claims Tribunal, IV Court of Small Causes, Chennai. They have filed the
M.C.O.P and the same is awarded. Challenging the award passed by the
Motor Accidents Tribunal at the point of negligence of quantum.
2. The brief case of the first respondent/claimant is as follows:
(i) The first respondent/claimant was aged 24 years, on the
date of the accident. She was working as Electrician and earning a sum
of Rs.10,000/- per month.
(ii) On 22.10.2009, at about 21.45 hours, while the deceased
was riding his motor cycle bearing Regn.No.TN 22 AM 7484 from his job
to his house, when he was nearing Kovilampakkam Main Road and
Sathiya Nagar 1st street junction, the 1st respondent's driver, who drove
the motor cycle bearing Regn.No.TN 22BF 5226 in a rash and negligent
manner and dashed against the deceased motor cycle, so the deceased
sustained head injuries and multiple injuries through out his body and
died on 28.10.2009. The 1st respondent as the owner and the 2nd
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respondent is the financier of the vehicle and the 3rd respondent as the
insurer of the vehicle, the accident occurred due to the negligence of 1st
respondent's driver and hence all the respondents are severally and
jointly liable to pay the compensation.
(iii) Immediately after the accident, the first respondent/
claimant was admitted as in-patient at Government General Hospital at
Chennai for treatment.
3. Taking note of the fact that P.W.2 occurrence witness has
spoken about the manner of the accident, the Tribunal has rightly come
to the conclusion that the accident has taken place due to the negligence
about the offending vehicle and hence the contention raised by the
Insurance Company on the point of negligence stands negatived and
finding rendered by the Tribunal is hereby confirmed.
4. On the point of quantum, it is seen that the deceased is
bachelor aged about 23 years at the time of the accident. Before the
Tribunal, the first respondent/claimant was herself examined as PW1
PW2 was examined and exhibits P1 to P8 were marked. On behalf of the
Insurance Company, no oral or documentary evidence was marked.
During the Trial, the Insurance Company has disputed the manner of the
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accident and they also disputed the age, avocation and alleged income of
the first respondent/claimant. Based upon the oral evidence of PW1
coupled with FIR (Ex.P1), the Tribunal has come to the conclusion that
the accident has taken place due to the rash and negligent driving of the
driver of the motor cycle bearing Registration No. TN 22 AM 7484.,
belonging to the second respondent herein and insured with the United
India Insurance Company Limited. Aggrieved against the orders passed
by the Tribunal, the National Insurance Company Limited has filed the
present appeal under Section 173 of the Motor Vehicles Act, 1988.
5. Heard both sides.
6. On perusal of the orders passed by the Tribunal and the
materials available on records, this Court finds that, the finding of the
Tribunal that the accident has taken place due to the rash and negligent
driving of the driver of the lorry bearing Registration No. TN 22 AM 7484
does not warrant any interference, at this appellate stage, and the same
is hereby confirmed.
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7. On the point of quantum, it is seen that the deceased is
Bachelor aged about 25 years at the time of the accident fixing notional
income at the rate of Rs.6500/-. At the time of the accident of the year
2009 the constitutional judgment is entitled for the 40% of the income of
as in notional prospects income and multiplier is adopted and hence the
compensation is re-fixed as under:-
(Rs.6500+40%*12*18/2=Rs.9,82,800/-)
8.Taking into consideration the age of the deceased as 25, the
Tribunal adopted multiplier 18 and arrived at the compensation at
Rs.9,82,800/- as loss of earning; for loss of estate, Rs.15,000/- is
awarded; for loss of love and affection this Court is awarded Rs.40,000/-
each and for loss of funeral expenses, this Court is awarded Rs.15,000/-
and hence, the compensation is re-assessed at Rs.10,92,800/- . All the
other heads awarded by the Tribunal are just and reasonable and the
same are hereby confirmed.
9. Accordingly, the award of the Tribunal in M.C.O.P.No. 4448
of 2011is modified as follows:-
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Sl. Particulars Amount granted Amount
No. by the Tribunal granted by this
Court
1. Loss of earning Rs.12,96,000/- Rs.9,82,800/-
2. Loss of Consortium Rs. 50,000/- ---
3. Funeral Expenses Rs. 25,00,000/- Rs. 15,000/-
4. Loss of Estate ---- Rs. 15,000/-
Loss of love and ---- Rs. 80,000/-
5. affection
Total Rs.13,71,000/- Rs.10,92,800/-
The compensation awarded by the Tribunal is reduced from
Rs.13,71,000/- to Rs. 10,92,800/- which shall carry interest at the rate
of 7.5% per annum.
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The quantum of compensation awarded by the Tribunal is
reduced from Rs.13,71,000/- to Rs. 10,92,800/-.
(iii) The appellant – Insurance Company is directed to deposit
the compensation awarded by this court, i.e., Rs.10,92,800/- together
with interest at the rate of 7.5% per annum (if not already deposited) to
the credit of M.C.O.P.No.4448 of 2011, dated 18.09.2014, on the file of
the Motor Accidents Claims Tribunal, IV Court of Small Causes, Chennai
within a period of eight weeks from the date of receipt of a copy of this
order.
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(iv) On such deposit being made by the present appellant, the
first and second respondent/claimant is permitted to withdraw the same,
in the suitable manner known to law.
(v) The present appellant – Insurance Company is permitted to
withdraw the amount, in excess of the award passed by this Court, if any,
in the suitable manner known to law.
21.01.2021
nvi
Index : Yes/No
Speaking/Non-speaking order
To
1.The Motor Accidents Claims Tribunal
IV Court of Small Causes, Chennai.
2.The Section Officer,
V.R.Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
RMT.TEEKAA RAMAN,J.,
nvi
C.M.A.No.1301 of 2015 and
M.P.No.1 of 2015
21.01.2021
https://www.mhc.tn.gov.in/judis/
