Madras High Court
United India Insurance Co. Ltd vs M.Dhandapani on 1 March, 2021
C.M.A.No.2810 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 1.3.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
Civil Miscellaneous Appeal No.2810 of 2013
and M.P.No.1 of 2013
United India Insurance Co. Ltd.,
Naduvila Village, Vaikom,
Kottayam, Kerala ... 3rd Respondent/Appellant
..Vs..
1. M.Dhandapani
2. D.Palaniammal ... Claimants/Respondents 1 & 2
3. K.K.Rajan
4. Sujatha Rajan ... Respondents 1 & 2/Respondents 3 & 4
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the
Judgement and decree dated 9.11.2012 made in M.C.O.P.No.48 of 2011 on the file
of Subordinate Court (Motor Accidents Claims Tribunal), Udumalpet.
For Appellant : Mr.S.Arun Kumar
*****
JUDGMENT
Brief facts of the claimant's case is as follows:
It is the case of the claimant that on 23.9.2010 at about 12.20 p.m.
the deceased Prakash was walking with his friends in the extremely left side of
Udumalpet to Pollachi road, when they reached near Primier Mill gate, third
respondent herein drove the Cruiser jeep bearing registration No.KL 05 V 8505 in a
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C.M.A.No.2810 of 2013
rash and negligent manner with high speed, without following the traffic rules and
hit the deceased Prakash, thereby caused accident, resulting in the deceased
Prakash sustained fatal injuries all over the body. The deceased Prakash was taken
to Government hospital, Udumalpet, but the injured Prakash died on the way to
hospital. The Udumalpet police registered a case in Cr.No.4974 of 2010 under
Section 279, 304(A) of I.P.C. The parents of the deceased have filed a claim
petition before the Tribunal, claiming Rs.10,00,000/- as compensation from the
appellant and the respondents 3 & 4.
2. The third respondent herein remained exparte before the tribunal.
To prove the case of the claimants, P.W.1 and 2 were examined and Ex.P1 to P8
were marked. On the side of the appellant, Rough sketch was marked as Ex.R1.
No witness was examined on the side of the appellant.
3 The Tribunal, based on the oral and documentary evidence adduced
by both sides, came to a conclusion that due to rash and negligent driving of the
insured vehicle by the third respondent herein the accident occurred and held
that the appellant/Insurance Company is liable to pay Rs.5,20,000/- as total
compensation along with interest at the rate of 7.5% p.a from the date of petition
till realization to the claimants. The total compensation awarded by the tribunal
under various heads are as follows:
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C.M.A.No.2810 of 2013
Heads Amount in Rs.
Loss of income to the family 4,80,000/-
4000 x 2/3 x 12 x 15
Love and affection 30,000/-
Funeral expenses 10,000/-
Total : 5,20,000/-
4. Heard the learned counsel appearing for the appellant/Insurance
Company and the learned counsel appearing for the respondents/claimants and
perused the materials available on record.
5. The learned counsel appearing for the appellant/Insurance
Company submitted that the deceased was minor at the time of accident, the
tribunal has erroneously fixed Rs.4000/- as monthly income of the deceased which
is excessive and the multiplier adopted by the tribunal is also unsustainable in law.
Further, the award passed under other heads also improper and the same is
required to be modified.
6 In the light of the decision of the Hon'ble Supreme Court in the
case of Rajkumar Vs. Ajay Kumar & another [2011 (1) SCC 343] the deceased
was a minor, school going student at the time of accident and considering the age
of the parents, this Court is of the view that the respondents/claimants are
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C.M.A.No.2810 of 2013
entitled Rs.30,000/- p.a. as notional income of the minor child. Considering the
age of the deceased, Multiplier adopted by the tribunal is also perfectly correct.
Tribunal has not awarded any amount towards loss of estate. Therefore, this Court
is of the view that the award passed by the tribunal is required to be modified as
follows:
Heads Compensation Compensation
Awarded by the modified by
tribunal this Court
Rs. Rs.
Loss of income to the family 4,80,000/- 4,50,000/-
Rs.30,000/- x 15
Love and affection 30,000/- 30,000/-
Loss of consortium Rs.10,000/- -- 20,000/-
each
Funeral expenses 10,000/- 10,000/-
Loss of estate -- 10,000/-
Total : 5,20,000/- 5,20,000/-
The compensation awarded by the tribunal is modified to the aforesaid extent.
Except the above modification, the award passed by the tribunal is confirmed.
7. The appellant/Insurance Company already deposited entire award
amount with interest before the tribunal and the 50% of the award amount with
accrued interest has already been withdrawn by the respondents/claimants.
Therefore, the respondents/claimants are permitted to withdraw remaining 50% of
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C.M.A.No.2810 of 2013
the award amount with accrued interest by filing appropriate application.
8. In fine, the Civil Miscellaneous Appeal is dismissed with the above
modification. No costs. Consequently, connected miscellaneous petition is closed.
1.3.2021
Speaking/Non Speaking order
Index: Yes/No
Internet: Yes/No
vaan
To
1. The Subordinate Court (Motor Accidents Claims Tribunal), Udumalpet
2. United India Insurance Co. Ltd., Naduvila Village, Vaikom, Kottayam, Kerala
3. The Section Officer, V.R.Section, Madras High Court, Chennai-104.
http://www.judis.nic.in
C.M.A.No.2810 of 2013
D.KRISHNAKUMAR, J.
vaan
Civil Miscellaneous Appeal
No.2810 of 2013
1.3.2021
http://www.judis.nic.in
