Madras High Court
The Branch Manager vs M.Dhanabal on 4 March, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 04.03.2021
CORAM
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
C.M.A(MD)No.796 of 2018
and
CMP(MD)No.8953 of 2018
The Branch Manager,
M/s.United India Insurance Company Limited,
B.O.II, No.23E, E.V.R Road,
Puthur, Trichy. : Appellant/2nd Respondent
Vs.
1.M.Dhanabal
2.Minor Gajalakshmi
3.Minor Deepak
4.Saraswathi
5.Ramalingam : R1 to R5/Petitioners 1 to 5
(Minor Respondents 2 and 3
are represented by her
mother, natural guardian,
next friend Smt.Dhanabal
1st Respondent herein)
6.N.Vijaya Shankar : 6th Respondent/1st Respondent
PRAYER:- Civil Miscellaneous Appeals has been filed under
Section 173 of the Motor Vehicles Act, 1988 against the award
passed by the Motor Accident Claims Tribunal (Special District
Court), Trichy, made in MCOP No.1791 of 2014, dated 13.04.2018.
For Appellant : Mr.C.Karthik
For R1 to R5 : Mr.C.Deepak
For 6th Respondent : No appearance
https://www.mhc.tn.gov.in/judis/
2
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging
the award passed by the Motor Accident Claims Tribunal (Special
District Court), Trichy, made in MCOP No.1791 of 2014, dated
13.04.2018.
2.The short facts of the case is that on 17.08.2014 at about
18.15 hours, the deceased Mahendran was travelled as a pillion
rider in the Hero Honda Bike TN-48-Q-5628 and the rider of the
bike on Johnson James drove the Bike on Trichy-Dindigul NH Road
and when they were proceeding near Vellivadi at that time, the Bus
TN-45-AT-4757 came in a rash and negligent manner and dashed on
the bike in the same direction and turned the Bus towards western
side and crossed the center median and came in the wrong
direction and dashed against the Bike. Due to the impact, the
deceased and the rider were sustained multiple grievous injuries all
over the body, especially the deceased had sustained multiple
grievous injuries all over the body including severe head injuries. A
claim petition was filed by the legal heirs of the deceased
Mahendran, claiming compensation of Rs.25,00,000/- for the death
of the said Mahendran.
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3.The claimants have stated that the deceased was 30 years
at the time of accident and he was working as Mason and Building
Contractor, thereby he was earning Rs.20,000/- per month. It is
alleged that the said Mahendran died only due to the negligence on
the part of the driver of the offending vehicle.
4.In the counter filed by the Appellant Insurance Company,
they disputed the manner of accident and their liability to pay
compensation.
5.Before the tribunal, on the side of the claimants, 6
witnesses were examined and marked 20 documents. On the side of
the Appellant Insurance Company, 1 witness was examined and
Exs.X1 to X6 were marked through claimants side witnesses.
6.The Tribunal, on consideration of oral and documentary
evidence adduced by the parties, came to the conclusion that the
driver of the offending vehicle has caused the accident and
awarded compensation of Rs.18,67,000/- together with interest @
7.5% p.a.
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7.Heard both sides and perused the materials available on
record.
8.The learned counsel for the appellant Insurance Company
mainly argued that the tribunal erred in awarding higher quantum
of compensation to the claimants and failed to award a fair
compensation and the award of the tribunal under the conventional
heads are also on the higher side, hence, the award of the tribunal
has to be reduced. On the other hand, the learned counsel for the
respondents 1 to 5 submitted that the award is reasonable, which
does not warrant any interference of this court.
9.It is not in dispute that the deceased was working as Mason
and also doing Building Contract Work. It is also not in dispute that
the deceased died at the age of 30 years. Since no reliable
document has been produced to prove the income of the deceased,
based on the evidence, the tribunal has fixed the monthly income of
the deceased at Rs.7,500/-. After adding 40% towards future
prospects and by applying multiplier '16' and after deducting 1/4th
from the salary of the deceased for his personal expenses, the
tribunal has awarded Rs.15,12,000/- towards loss of income.
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Further, the tribunal has awarded Rs.15,000/- towards funeral and
transportation expenses; Rs.3,00,000/- towards loss of love and
affection to the claimants 1 to 5; Rs.30,000/- towards consortium to
the 1st claimant. In total, the tribunal has awarded Rs.18,67,000/- to
the claimants along with interest @ 7.5% p.a.
10.Perusal of the award of the tribunal, the tribunal has
rightly fixed the monthly income of the deceased at Rs.7,500/- and
by applying proper multiplier and after deduction, arrived at the
loss of dependency at Rs.15,12,000/-. In respect of conventional
heads, as per the decisions in Pranay Sethi and Megama
Insurance case, this Court awards Rs.40,000/- towards loss of
consortium to the 1st claimant; Rs.40,000/- towards filial consotrium
to the claimants 2 to 5; Rs.15,000/- for funeral expenses and Rs.
15,000/- towrds loss of estate. In total, the claimants would be
entitled for Rs.17,42,000/- together with interest at the rate of
7.5% p.a.
11.In the result, this Civil Miscellaneous Appeal is partly
allowed. The award of the tribunal is reduced to Rs.17,42,000/-
from Rs.18,67,000/-. The Appellant Insurance Company is directed
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to deposit the modified award amount together with interest @
7.5% p.a. from the date of petition till the date of deposit, less the
amount already deposited, within a period of six weeks from the
date of receipt of a copy of this judgment. On such compliance, the
1st claimant is entitled to withdraw Rs.6,92,000/- and the claimants
4 and 5 are each entitled to withdraw Rs.1,25,000/- together with
accrued interest and costs. The minor claimants 2 and 3 are
entitled to Rs.4,00,000/- each. Insofar as the share of the minor
claimants is concerned, the Tribunal is directed to deposit their
share in any one of the Nationalised Bank, in a fixed deposit
scheme initially for a period of three years renewable thereafter, till
they attain majority. The 1st claimant/being the mother and
guardian of minors is permitted to withdraw the accrued interest
once in three months directly from the Bank for the welfare of the
minor children. No costs. Consequently, connected Miscellaneous
Petition is closed.
04.03.2021
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
To,
1.The Motor Accident Claims Tribunal/
The Special Sub Court, Trichy.
2.The Record Keeper,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
Judgement made
in CMA(MD)No.796 of 2018
04.03.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
