Madras High Court
M/S.United India Insurance ... vs )P.Velayutham on 16 June, 2021
CMA(MD)No.134 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.06.2021
(Reserved on 23.02.2021)
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)No.134 of 2021
and
CMP(MD)No.1142 of 2021
M/s.United India Insurance Company Limited (HUB),
through its Divisional Manager,
Office at 7A, West Veli Street, Madurai,
Issuing Office 463,
Sri Visalam Chit fund building, V.O.C. Street,
Karaikudi-630 001. ... Appellant
vs.
1)P.Velayutham
2)Mrs.V.Indumathi
3)C.Dhakshinamoorthy ... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, to set aside the fair and decreetal order passed by the
learned Motor Accidents Claims Tribunal/District and Sessions Court
(Communal Clashes Court), Madurai in MCOP.No.2503 of 2015 dated
06.03.2018 as against the appellant and allow the appeal.
For Appellant : Mr.N.Dilip Kumar
For R1 & R2 : Mr.K.Mahendran
For R3 : No appearance
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CMA(MD)No.134 of 2021
JUDGMENT
Challenging the finding of negligence and quantum of
compensation, this appeal has been filed by the insurance company.
2.In an accident which occurred on 03.10.2015, involving a TVS
XL bearing registration No.TN-59-W-8676 and a bus bearing registration
No.TN-63-AV-8199 belonged to the 2nd respondent and insured with the
appellant insurance company, the toddler namely, Deepa Dharshan 11
months old carried by his mother who was a pillion in TVS XL Moped,
sustained grievous injuries and died on the spot. Father and mother of
the child filed a claim petition in MCOP.No.2503 of 2015 on the file of
the Motor Accidents Claims Tribunal/District and Sessions Court
(Communal Clashes Court), Madurai, claiming compensation of Rs.
9,00,000/-. The appellant insurance company resisted the claim and filed
counter disputing the manner of accident and the compensation claimed
under various heads. The Tribunal considering the oral and documentary
evidence adduced on either side, held that the accident had occurred due
to the rash and negligent driving of the 3rd respondent and awarded
compensation of Rs.10,60,000/- with 7.5% interest per annum.
Challenging the negligence and quantum of compensation, this appeal is
filed.
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.134 of 2021
3.The learned counsel for the appellant would state that the
Tribunal has failed to consider that the rider of the two wheeler suddenly
crossed the road and invited the accident thereby he had contributed to
the accident and therefore, the finding of the Tribunal that the rider of the
two wheeler had not contributed to the accident is incorrect. As regards
the quantum, the Tribunal has erred in fixing the notional monthly
income at Rs.6,000/- for a 11 months old child as at such early age,
nothing can be assumed with reasonable certainty because of the
uncertainties in regard to his academic pursuits, achievements in carrier
and the advancement in life and therefore, it is neither the income of the
deceased child capable of assessment on estimated basis nor is the
financial loss suffered by the parents. In support of the said proposition,
the learned counsel would rely on the decisions in Oriental Insurance
Co.Ltd., vs. Syed Ibrahim and others reported in 2007 (11) SCC 512 and
New India Assurance vs. Satender and others reported in 2006 (13) SCC
60. He would further state in Kishan Gopal and another vs. Lala and
others reported in 2014 (1) SCC 244, the Hon'ble Supreme Court has
awarded a sum of Rs.5 Lakhs for the death of 10 year old child in a
motor vehicle accident, but in the present case, the Tribunal has awarded
excessive compensation of Rs.10,60,000/-. Thus, he would pray for
allowing the appeal.
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.134 of 2021
4.The learned counsel for the respondents 1 and 2/claimants would
state that the Tribunal considering the evidence of PWs 1 and 2/parents
of the deceased child and Ex.P1-FIR, has rightly held that due to the rash
and negligent driving of the 3rd respondent, the accident had occurred.
He would further state that the Tribunal has also held that no evidence
was let in by the appellant to disprove the manner of accident as narrated
by the claimants. He would also state that this Court in similar
circumstances has fixed the notional monthly income at Rs.6,000/- for
the death of the children aged 8, 10 and 12 years and applying multiplier
method, has awarded compensation and therefore fixation of notional
monthly income at Rs.6,000/- in the present case and the consequential
computation of compensation by applying multiplier method cannot be
said to be erroneous. In support of his contentions, he would rely on the
decisions in National Insurance Co. Ltd., Chennai, vs. K.Sugumar and 2
others [CMA.No.2395/2016 dated 08.12.2016] and New India Assurance
Co. Ltd., Dindigul vs. Palaniyandi @ Saravanan and 2 others
[CMA(MD)No.397/2018 dated 28.11.2018]. Thus, he would pray that
the interference of this Court is not necessary.
5.Heard the learned counsel for the appellant as well as the
respondents 1 and 2.
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CMA(MD)No.134 of 2021
6.Admittedly, the appellant has relied on the judgments which are
of the years 2006, 2007 and 2014 and now we are in 2021 and due to the
escalation of the price index and the standard of living and by relying
upon the judgments cited by the claimants and by taking into
consideration that no evidence was let in by the appellant before the
Tribunal to disprove the manner of accident as narrated by the
respondents/claimants, this Court is not inclined to interfere with the
award passed by the Tribunal.
7.The appellant is directed to deposit the entire award amount with
interest and costs as awarded by the Tribunal, less the amount already
deposited, if any, to the credit of the claim petition within a period of
eight weeks from the date of receipt of a copy of this judgment. On such
deposit, the respondents/claimants are permitted to withdraw the same in
the ratio apportioned by the Tribunal without filing formal permission
petition before the Tribunal.
8.Accordingly, this Civil Miscellaneous Appeal is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
Index :yes/No
Internet:yes/No
bala 16.06.2021
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.134 of 2021
J.NISHA BANU, J.
bala
To
The Judge,
Motor Accidents Claims Tribunal/
District and Sessions Court
(Communal Clashes Court),
Madurai.
PRE-DELIVERY JUDGMENT MADE IN
CMA(MD)No.134 of 2021
DATED : 16.06.2021
https://www.mhc.tn.gov.in/judis/
