Madras High Court
Reliance General Insurance ... vs S.Ramasamy on 16 July, 2021
C.M.A.No.1864 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2021
CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN
and
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.1864 of 2021
and
C.M.P.No.10037 of 2021
Reliance General Insurance Company Limited,
Reliance House, 6th Floor,
No.6, Haddows Road, Nungambakkam,
Chennai – 600 006.
...Appellant
Vs.
1.S.Ramasamy
2.R.Selvi
3.K.Murugadoss ...
Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree made in
M.C.O.P.No.1470 of 2017 dated 31.10.2019 on the file of the Motor
Accident Claims Tribunal, Special Subordinate Court, Cuddalore.
For Appellant : Mr.M.B.Raghavan.
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C.M.A.No.1864 of 2021
JUDGMENT
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
The matter has been heard through "Video Conference".
2.The Appeal has been preferred by the Insurance Company
against the award of Rs.35,02,709/- (Rupees Thirty Five Lakhs Two
Thousand Seven Hundred and Nine only) for the death of one Mr.R.Raj
@ Varadharajan who was working as Hotel employee, in the accident
occurred on 14.02.2017, when he was riding his two wheeler at Chennai
to Trichy NH-45 which was hit behind by a Maruti Wagon R Car.
Therefore, Claim Petition in M.C.O.P.No.1470 of 2017 was filed.
3.On contest, the Tribunal found that accident occurred
because of the rash and negligent driving of the car and awarded a sum of
Rs.35,02,709/- (Rupees Thirty Five Lakhs Two Thousand Seven
Hundred and Nine only). Challenging the quantum of compensation, the
Appellant has come before this Court, by way of this Appeal.
4.Heard Mr.M.B.Raghavan, Learned Counsel for the
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C.M.A.No.1864 of 2021
Appellant.
5.Since the Appellant has not questioned the negligence and
only questioned the quantum of compensation, this Court is not going
into the aspect of negligence. In any event, the Tribunal, taking into
consideration of the evidence of eye witness PW2 and First Information
Report registered against the driver of the Car, found that the Car was
driven rashly and negligently.
6.The deceased was working in Production Department at
Mahabalipuram Resort and he had completed Diploma in Food
Production and was earning a sum of Rs.22,223/- per month as proven by
Ex.P.16 viz., Salary Certificate which has been marked by PW3, who is
the Assistant HR Manager of Intercontinental Hotel, Chennai. Relying
upon Ex.P.16, it is seen that the Tribunal took the gross income of the
deceased which comes about Rs.22,223/- as monthly income and
therefore, the Tribunal is justified in determining the monthly income.
7.Since he was employed in a permanent job and was aged
about 23 years at the time of accident as per the Transfer Certificate viz.,
Ex.P.13, 50% was rightly taken as future prospects and the income of the
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C.M.A.No.1864 of 2021
deceased is fixed at Rs.33,335/- [Rs.22,223/- + 11,112 (50% of
Rs.22,223/-) ]. Since the deceased was aged about 23 years, right
multiplier '18' was taken and the Tribunal also deducted 20% towards
Income Tax and therefore, rightly deducted the loss of dependency at
Rs.57,60,288/-. Since, the deceased was a bachelor, 50% has been
rightly deducted towards personal expenses and arrived at Rs.28,80,144/-
8.Further, Rs.5,52,565/- awarded towards Medical expenses,
Rs.15,000/- towards Loss of Estate, Rs.40,000/- towards Loss of
consortium and Rs.15,000/- towards Funeral Expenses are all reasonable
and the same are confirmed. Hence, the award amount of Rs.35,02,709/-
(Rupees Thirty Five Lakhs Two Thousand Seven Hundred and Nine
only) and rate of interest at 7.5% is confirmed. However, it is made clear
that if the Claimants file an Appeal for enhancement of compensation,
this order will not be a bar for them.
9.The appellant is directed to deposit the entire award amount
as per the Judgment of the Tribunal along with interest and costs after
deducting the amount, if any, already deposited, within a period of four
weeks from the date of receipt of a copy of this Judgment. On such
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C.M.A.No.1864 of 2021
deposit being made, the tribunal is directed to transfer the respective
shares of the Respondents 1 & 2 through RTGS as per the ratio fixed by
the Tribunal within a period of two weeks there of.
10.With the above directions, this Civil Miscellaneous Appeal
is dismissed. No costs. Consequently, connected Miscellaneous Petition
is also dismissed.
(N.K.K.,J.)
(T.V.T.S.,J.)
16.07.2021
ay
Index:Yes/No
Internet:Yes/No
To
The Motor Accident Claims Tribunal,
Special Sub Court,
Cuddalore.
http://www.judis.nic.in
C.M.A.No.1864 of 2021
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI, J.
ay
C.M.A.No.1864 of 2021
and
C.M.P.No.10037 of 2021
Dated: 16.07.2021
http://www.judis.nic.in
