Madras High Court
The New India Assurance Co. vs N.Uma on 18 June, 2021
1/8
C.M.A.No.4215 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.4215 of 2019
and CMP.No.23851 of 2019
(Through Video Conferencing)
The New India Assurance Co., Ltd.,
No.45, Moore Street, Iind Line Beach,
Chennai – 1. .. Appellant
vs.
1.N.Uma
2.N.Shriram
3.N.Sai Pradesh
4. L.Sathya
(4th respondent set exparte in the
lower court. Hence, notice to him
is dispensed with) ... Respondents
https://www.mhc.tn.gov.in/judis/
2/8
C.M.A.No.4215 of 2019
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.585 of
2012 dated 17.08.2015, on the file of the Motor Accidents Claims Tribunal,
(VI Court of small causes ) Chennai.
For Appellant : Mr.R.Sivakumar
For R1 to R3 : Mr.P.Thirupathi Raj
JUDGMENT
The insurance company is the appellant in this appeal. It is aggrieved
by the impugned Judgment and Decree dated 17.08.2015 passed by the
Motor Vehicles Accident Claims Tribunal (VI Court of Small Causes)
Chennai in M.C.O.P.No.585 of 2012.
2. In this appeal, the appellant - Insurance Company has questioned
the quantum of compensation awarded by the Tribunal to the
respondents/claimants 1 to 3.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4215 of 2019
3. By the impugned Judgment and Decree, the Tribunal has awarded
a sum of Rs.21,16,000/- together with interest at 7.5% per annum from the
date of claim petition till the date of deposit, to the respondents/claimants 1
to 3.
4. The learned counsel for the appellant insurance company submits
that as per Ex.P.11 – Income Tax Returns for the year 2009-2010, the gross
income of the deceased is only Rs.1,96,873.33/- whereas, the Tribunal has
considered a gross income of the deceased as Rs.2,35,810/- for awarding the
compensation. He submits that the Tribunal has not discussed future
prospects. That apart the learned counsel for the appellant-Insurance
Company submits that the Tribunal has erred in granting a sum of
Rs.25,000/- towards funeral expenses, Rs.1,00,000/- each towards loss of
consortium and loss of love and affection and mental agony. He further
submits that the respondents 2 and 3 are the major sons of the deceased and
they are not dependents of the deceased. Hence he prays for setting aside
the impugned Judgment and decree.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4215 of 2019
5. Defending the impugned Judgment and decree, the learned
counsel for the respondents/claimants 1 to 3 submits that the impugned
Judgment and decree passed by the Tribunal is well reasoned and requires
no interference.
6. Heard the learned counsel for the appellant – Insurance Company
and the learned counsel for the respondents 1 to 3.
7. I have considered the arguments advanced by the learned counsel
for the appellant- Insurance Company and the learned counsel for the
respondents 1 to 3 and I have also perused the impugned Judgment and
decree and exhibits were marked before the Tribunal.
8. Facts on record reveals that on 22.11.2009 at about 20.00 hrs., the
deceased was riding a Motor Cycle bearing Reg.No.TN 22 K 8429, when a
motor cycle bearing Reg.No.TN.22 BV 9187 insured with the appellant was
driven by its rider allegedly in a rash and negligent manner and hit against
the deceased Natarajan, as a result of which, he suffered fatal injury.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4215 of 2019
9. In my view, the Tribunal ought to have awarded 10% towards
future prospects as per the decision of the Hon’ble Supreme Court in
National Insurance Co., Ltd., vs. Pranay Sethi & Others, 2017(2) TN
MAC 609(SC), considering the fact that the age of the deceased was 54
years at the time of his death/accident. The Tribunal should have taken the
gross income of the deceased as Rs.1,96,873/ as per Ex.P.11 Income tax
returns for the year 2009-2010 for awarding compensation.
10. That apart though the Tribunal has not awarded any amount
towards transportation, it appears that this consolidated amount towards
funeral expenses and transportation has been awarded. Therefore, the
amount awarded towards funeral expenses is not disturbed. At the same
time, it is noticed that the Tribunal has awarded a sum of Rs.1,00,000/- each
towards loss of consortium for the first respondent/wife and loss of love and
affection to the 2nd and 3rd respondents. This amount appears to be higher
and contrary to the decision of the Hon'ble Supreme Court in Magma
General Insurance Company Ltd. Vs. Nanuram @ Chuhru Ram and
Others, (2018) 18 SCC 130.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4215 of 2019
11. Accordingly, the compensation awarded by the Tribunal is re-
computed as follows:-
Re-quantified
amount of
Heads & Calculation
Compensation
by this Court
Loss of dependency
i) Loss of annual income (as per Form-16) : Rs.1,96,873.33
ii) Add 10% future prospects
(Rs.1,96,873.33 + 19,687) : Rs.2,16,560.33
iii) less 1/3rd personal expenses
(Rs.2,16,560.33 –72,186.77) : Rs. 1,44,374/-
iv) Multiplier 11 (Rs.1,44,374 x 11) : Rs. 15,88,114/- Rs. 15,88,114/-
Loss of love and affection and mental agony Rs. 80,000/-
Medical expenses Rs. 1,61,994/-
Funeral Expenses & Transportation Rs. 25,000/-
Loss of consortium Rs. 40,000/-
Rs. 18,95,108/-
Rounded off to
Rs. 18,95,000/-
12. The appellant -Insurance Company is herefore directed to
deposit the modified amount of compensation Rs.18,95,000/- together with
interest at 7.5% from the date of claim petition till the date of such deposit,
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4215 of 2019
to the credit of M.C.O.P.No.585 of 2012 on the file of the Motor Accident
Claims Tribunal (VI Court of Small Causes) Chennai, less any amount
already deposited, within a period of six weeks from the date of receipt of a
copy of this Judgment.
13. On such deposit, the respondents 1 to 3 /claimants 1 to 3 are
permitted to withdraw the amount in the same proportion fixed by the
Tribunal, less any amount already withdrawn, by filing suitable applications
before the Tribunal.
14. In view of the above, this Civil Miscellaneous Appeal is partly
allowed. No cost. Consequently, connected miscellaneous petition is also
closed.
18.06.2021
Index : Yes / No
Internet : Yes / No
kkd
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4215 of 2019
C.SARAVANAN,J.
kkd
To:
The Motor Accident Claims Tribunal
(VI Court of small causes ) Chennai.
C.M.A.No.4215 of 2019
and CMP.No.23851 of 2019
18.06.2021
https://www.mhc.tn.gov.in/judis/
