The United India Insurance ... vs Mari
2021 Latest Caselaw 12084 Mad

Citation : 2021 Latest Caselaw 12084 Mad
Judgement Date : 21 June, 2021

Madras High Court

The United India Insurance ... vs Mari on 21 June, 2021

                                                        C.M.A.No.2692 of 2016

          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED: 21.06.2021

                                   CORAM

      THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

                         C.M.A.No.2692 of 2016
                       and C.M.P.No.19337 of 2016

The United India Insurance Company Ltd.,
No.48, Arcot Road,
Chennai – 600 093.                                             ... Appellant

                                      Vs
1.Mari

2.Jayavel

3.Sudha                                                    ...Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor

Vehicles Act, 1988, against the award and decree dated 06.04.2015 made in

M.C.O.P.No.436 of 2013 on the file of Motor Accidents Claims Tribunal,

(2nd Additional District Judge, Poonamallee).

                   For Appellant      : Mr.A.Dhiraviyanathan
                   For Respondents : Mr.M.Sivakumar for R1 & R2
                                        Mr.S.Gurumoorthy for R3 – NA



1/6
                                                          C.M.A.No.2692 of 2016

                           JUDGMENT

This appeal has been filed by the Insurance Company challenging

ratio of contributory negligence fixed by the Tribunal under the impugned

Award dated 06.04.2015 passed by the Motor Accident Claims Tribunal

(2nd Additional District Judge, Poonamallee) in MCOP.No.436 of 2013.

2.Heard Mr.A.Dhiraviyanathan, learned counsel for the Appellant and

Mr.M.Sivakumar, learned counsel for the respondents 1 and 2.

3.The only contention raised by the Appellant Insurance Company is

that the Tribunal has erroneously fixed the contributory negligence of the

vehicle insured with the Appellant at 75%.

4.According to them, the insured container lorry was stationary at the

time of the accident and hence they cannot be held responsible to pay the

compensation. The deceased was the rider of the motorcycle which dashed

against the container lorry which is insured with the Appellant and the

accident happened on 19.04.2013.

C.M.A.No.2692 of 2016

5.Based on the sketch submitted by the Police which has been marked

as Ex.R1 before the Tribunal, the Tribunal has fixed the contributory

negligence of the driver of the insured container lorry at 75% and the

deceased at 25%.

6.Even though, there may be some basis for the Appellant's challenge

as seen from the sketch marked as Ex.R1 but however, this Court is of the

considered view that since the Tribunal has erroneously failed to Award any

compensation towards loss of future prospects and the compensation

awarded by the Tribunal towards transportation, loss of love and affection

and funeral expenses is low and not accordance with the settled law, the

overall compensation awarded by the Tribunal cannot be considered to be

an unjust one.

7.Further, the Tribunal has erroneously adopted the multiplier of 17

instead of 18 which is the correct one for a person aged 19 years. Hence,

there is no scope for interference with regard to the quantum of

compensation from this Court as the total compensation awarded by the

Tribunal at Rs.7,39,500/- cannot be considered to be excessive as alleged by

the Appellant.

C.M.A.No.2692 of 2016

8.The details of the compensation awarded by the Tribunal under the

impugned Award are as follows:

                      Particulars               Amount
                                                 ( in Rs.)
         Loss of income                              9,60,000
         Funeral expenses                              10,000
         Transportation expenses                          5,000
         Love and affection                            10,000
         (2 petitioners)
         Damage to clothing                               1,000
         Total                                  Rs.9,86,000/-
         75% contributory negligence            Rs.7,39,500/-

6.For the foregoing reasons, this Court is of the considered view that

there is no merit in this Appeal. Accordingly, this

Appeal shall stand dismissed. The Appellant Insurance Company is directed

to deposit the entire award amount along with interest and costs as assessed

by the Tribunal after deducting the amount already deposited if any to the

credit of MCOP.No.436 of 2013 within a period of four weeks from the date

of receipt of a copy of this Judgment. On such deposit being made, the

C.M.A.No.2692 of 2016

Tribunal shall transfer the amount lying to the credit of MCOP.No.436 of

2013 to the bank account of the respondents 1 and 2 as per the ratio

apportioned through RTGS within a period of one week thereafter. No

costs. Consequently, connected miscellaneous petition is closed.