Madras High Court

The Branch Manager vs Parvathi on 22 July, 2021

CMA No.1659 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

CMA No.1659 of 2015
and
MP No.1 of 2015
and
CMP No.15057 of 2017

The Branch Manager,
United India Insurance Co. Ltd.,
52, Katcheri Road,
AKT Complex,
Kallakurichi,
Villupuram District. ... Appellant

versus
1. Parvathi
2. Dhanapothi
3. Ganesh Koodailingam
4. Gomathiyammal
5. Anandhanayagi ... Respondents

Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 12.08.2014 made in
MCOP No.224 of 2012 on the file of the Motor Accidents Claims
Tribunal, Principal District Judge, Perambalur.

https://www.mhc.tn.gov.in/judis/
1/10
CMA No.1659 of 2015

For Appellant : Mr.S. Arunkumar

For Respondents : Mr.A.A.Venkatesan for R1 to R4
R5 - Served - No appearance

JUDGMENT

(Heard Video Conference)

This appeal has been filed by the appellant / Insurance Company

challenging the award dated 12.08.2014 passed by the Motor Accidents

Claims Tribunal, Principal District and Sessions Judge, Perambalur, in

MCOP No.224 of 2012.

2. The appellant / Insurance Company has challenged the award

primarily questioning the quantum of compensation awarded by the

Tribunal.

3. The Tribunal under the impugned award directed the appellant /

Insurance Company to pay the respondents / claimants a compensation of

Rs.14,52,000/-together with interests and costs as detailed hereunder :-


https://www.mhc.tn.gov.in/judis/

                                                                                CMA No.1659 of 2015




                                               Heads            Amount awarded
                                                                 by the Tribunal
                                                                      (Rs.)
                                   Loss of dependency                  12,32,010/-
                                   Loss of consortium                   1,00,000/-
                                   Filal consortium                       80,000/-
                                   (Rs.20,000/- x 4)
                                   Loss of estate                         10,000/-
                                   Transport charges                       5,000/-
                                   Funeral expenses                       25,000/-
                                   Total                               14,52,010/-
                                   R/off                               14,52,000/-

4. Heard Mr.S. Arunkumar, learned counsel for the appellant /

Insurance Company and Mr.A.A.Venkatesan, learned counsel for the

respondents 1 to 4. Despite service of notice on the 5th respondent, there

is no representation on her side.

5. This Court has perused the materials and evidence available on

record before the Tribunal.

6. Selladurai died on 11.03.2012 as a result of an accident caused

by a vehicle owned by the 5th respondent and insured with the appellant

/ Insurance Company. Selladurai was a Manager in a private rice mill

https://www.mhc.tn.gov.in/judis/

CMA No.1659 of 2015

and in the claim petition filed by the respondents / claimants, they have

pleaded that he was earning Rs.15,000/-p.m., at the time of the accident.

The deceased was aged 48 years at the time of the accident, which has

not been disputed by the appellant / Insurance Company before this

Court. The Tribunal has fixed the notional monthly income of the

deceased at Rs.9,000/-. This Court after perusing and examining the

evidence available on record is of the considered view that the said

assessment is a correct assessment. However, the Tribunal has

erroneously awarded 30% to the respondents / claimants towards loss of

future prospects. The deceased was working in a private concern and

was aged 48 years at the time of the accident and therefore, the Tribunal

ought to have awarded only 25% towards loss of future prospects and not

30%. Accordingly, this Court modifies the same to 25% instead of 30%.

The respondents / claimants are the wife, two children and the mother of

the deceased. The second respondent was already a Major, aged 21 years

at the time of the accident. No evidence was also produced by the

respondents / claimants to prove that the second respondent was a

dependant of the deceased. However, the Tribunal without any evidence

on record has deducted 1/4th towards personal expenses of the deceased

since there were four claimants. The correct deduction is 1/3rd since there https://www.mhc.tn.gov.in/judis/

CMA No.1659 of 2015

were only three dependants for the deceased viz., his wife, his son aged

17 years at the time of the accident and his mother aged 65 years at the

time of the accident. Therefore, this Court modifies the deduction to

1/3rd instead of 1/4th fixed by the Tribunal. The Tribunal has adopted the

correct multiplier of 13 for the purpose of assessing the loss of

dependency and the same is confirmed by this Court. For the

foregoing reasons, the loss of dependency is now assessed by this Court

at Rs.11,70,000/- instead of 12,32,000/- fixed by the Tribunal under the

impugned award, which is as follows :

Rs.9,000/- + 25% x 1/3rd x 12 x 13 = Rs.11,70,000/-

7. With regard to loss of consortium awarded at Rs.1,00,000/- is

concerned, the same is also excessive and not in accordance with the

setlted law. In accordance with the decision of the Hon'ble Supreme

Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi

reported in 2017 16 SCC 680 , the first respondent /claimant, who is the

wife of the deceased is entitled only to a sum of Rs.40,000/- and not

Rs.1,00,000/- as erroneously fixed by the Tribunal. Accordingly, the

loss of consortium is reduced to Rs.40,000/- by this Court instead of

Rs.1,00,000/- fixed by the Tribunal.

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CMA No.1659 of 2015

8. Filal consortium fixed by the Tribunal at Rs.80,000/- is

confirmed by this Court since the dependants are only the mother and the

son.

9. With regard to the funeral expenses fixed by the Tribunal at

Rs.25,000/-, it is an erroneous assessment as the maximum amount that

can be paid towards funeral expenses as per Pranay sethi's judgment

referred to supra is Rs.15,000/-. Accordingly, the funeral expenses fixed

by the Tribunal at Rs.25,000/- is reduced to Rs.15,000/- by this Court.

10. The Tribunal has awarded a compensation of Rs.10,000/-

towards loss of estate, which is low and it has to be enhanced in

accordance with the Pranay Sethi's to Rs.15,000/-. Accordingly, the loss

of estate is enhanced to Rs.15,000/- instead of Rs.10,000/- fixed by the

Tribunal.

11. Since it is a fatal accident claim, the respondents / claimants

are not entitled to transport costs, but however, the Tribunal has

erroneously granted a sum of Rs.5,000/- towards transportation, which https://www.mhc.tn.gov.in/judis/

CMA No.1659 of 2015

has to be set aside by this Court. Accordingly, this Court sets aside the

same.

12. Accordingly, the total compensation awarded by the Tribunal

has to be reduced.

13. For the foregoing reasons, the award of the Tribunal is hereby

modified in the following manner :

                                       Heads              Amount awarded       Amount reduced
                                                           by the Tribunal      by this Court
                                                                (Rs.)               (Rs.)
                           Loss of dependency                   12,32,010/-          11,70,000/-
                           Loss of consortium                     1,00,000/-             40,000/-
                           Filal consortium                                              80,000/-
                           (Rs.20,000/- x 4)                       80,000/-
                           Loss of estate                          10,000/-              15,000/-
                           Transport charges                         5,000/-                     -
                           Funeral expenses                        25,000/-              15,000/-
                           Total                                14,52,010/-          13,20,000/-

14. In the result, the appeal filed by the appellant / Insurance

Company, stands partly allowed by reducing the compensation from

Rs.14,52,010/- to Rs.13,20,000/- as indicated above. No costs.

Consequently, connected miscellaneous petitions are closed. https://www.mhc.tn.gov.in/judis/

CMA No.1659 of 2015

15a. The appellant / Insurance Company is directed to deposit the

modified award amount (Rs.13,20,000/-), as assessed by this Court

together with interest at 7.5% p.a. from the date of claim petition till the

date of realization, less the amount, if any, already deposited to the credit

of M.C.O.P. No.224 of 2012 on the file of the Motor Accidents Claims

Tribunal, Principal District Judge, Perambalur, within a period of four

weeks from the date of receipt of a copy of this Judgment. It is made