Madras High Court
Divisional Manager vs M.Vellaikannu on 11 November, 2021
CMA.No.656 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA.No.656 of 2020
and
CMP.Nos.5375 and 6600 of 2020
Divisional Manager,
The Oriental Insurance Company Limited,
No.16, Complex, 1st Floor,
North Veli Street,
Madurai District. ... Appellant
Vs.
1.M.Vellaikannu
W/o.Mookkan
2.M.Arunpandi
S/o.Mookkan
3.Minor M.Pandiselvi
D/o.Late Mookkan
(Minor 3rd respondent rep through her mother and natural guardian of
1st respondent Vellaikannu)
4.S.Murugan
S/o.Shanmugam
(4th respondents remained exparte before the lower Court)
... Respondents
1/8
https://www.mhc.tn.gov.in/judis
CMA.No.656 of 2020
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, to set aside the order dated 03.03.2020 passed in
M.C.O.P.No.2117 of 2017 on the file of the Motor Accident claims
Tribunal(VI Additional District Judge), Madurai.
For Appellant : Mr.K.Bhaskaran
For Respondents : Mr.A.Anbalakan
JUDGMENT
The Oriental Insurance Company, the second respondent in
MCOP.No.2117 of 2017 on the file of the VI Additional District Judge, Madurai,
has filed the present appeal.
2. The case of the claimants is as follows:
On 18.04.2017, the deceased Mookan was travelling as owner of the
goods in the TATA ACE bearing Registration No.TN-57-AF-5049 along
Kottampatti Main Road near Sampatti Junction from East to West direction
and at about 15.00 hours, a lorry bearing Registration No. TN 57 9159 hit the
TATA ACE vehicle, as a result of which, the deceased sustained injuries and
died on 04.06.2017. Hence the claimants, filed MCOP seeking compensation
for the death of the deceased Mookan.
https://www.mhc.tn.gov.in/judis
CMA.No.656 of 2020
3. The learned VI Additional District Judge, Motor Accident Claims
Tribunal, Madurai after analysing the evidence on record, awarded a
compensation of Rs.20,00,000/- together with interest at the rate of 7.5% per
annum to the claimants and directed the Insurance Company to pay the same.
Aggrieved over the orders passed by the Tribunal, Oriental Insurance Company
has filed the present appeal.
4. Heard Mr.K.Bhaskaran, learned counsel appearing for the
appellant and Mr.A.Anbalakan, learned counsel appearing for the
respondents.
5. The learned counsel appearing for the Oriental Insurance
Company contended that the claimants did not adduce any evidence to show
that the deceased was working as agriculturist and vegetable vendor. The
Tribunal was wrong in fixing the income of the deceased as Rs.13,700/- per
month, which is exorbitant. The compensation awarded under other heads
are also high. He therefore, prayed for scaling down the compensation.
6. The learned counsel appearing for the respondents 1 to 3 /
claimants contended that the Tribunal after considering all the aspects of the
case, has awarded a just compensation and the same need not be reduced.
https://www.mhc.tn.gov.in/judis
CMA.No.656 of 2020
7. In the instant case, the deceased was aged 45 years on the date
of the accident and was survived by his wife and two children (one minor
daughter). No documentary evidence was adduced by the respondents 1 to 3 /
claimants to prove the actual income of the deceased. The accident is of the
year 2017. In the absence of any income proof, this Court is inclined to
reduce the notional monthly income from Rs.13,700/- to Rs.10,000/-. The
Tribunal added 25% towards future prospects of the deceased and the same is
hereby confirmed. There are three dependents and therefore 1/3 rd of the
deceased's income deducted towards personal expenses is also confirmed. The
deceased was aged 45 years. As per the decision in Sarlavarma and others vs.
Delhi Transport Corporation and another reported in (2009) 6 SCC 121, the
Tribunal adopted multiplier 14, which is also hereby confirmed. However, the
Tribunal failed to award any amount to the deceased's children towards love
and affection. Therefore, this Court awards a sum of Rs.40,000/- to the
second respondent towards love and affection and a sum of Rs.50,000/- to the
third respondent (minor daughter) towards love and affection.
Calculation
Notional Income = Rs.10,000/-
Total = Rs.10,000/- + Rs.2,500/- (25%) = Rs.12,500/-
1/3 deduction = Rs.12,500/- x 2/3
https://www.mhc.tn.gov.in/judis
CMA.No.656 of 2020
Loss of dependency
= Rs.12,500 /-x 2/3 x 12 x 14
= Rs.14,00,000/-
8. Apart from the above said amounts, sum of Rs.5,000/-, Rs.
1,000/-, Rs.96,525/-, Rs.15,000/- and Rs.15,000/- awarded towards
''transportation'', ''damage to cloth'', ''Medical Expanses”, "funeral expenses"
and "loss of estate", respectively by the Tribunal are hereby confirmed. The
award passed by this Court under various heads is as follows:-
S.No. Head Amount granted by this
court
1. Loss of dependency Rs.14,00,000/-
2. Loss of estate Rs.15,000/-
3. Transportation Rs.5,000/-
4. Funeral expenses Rs.15,000/-
5. Damage to cloth Rs.1,000/-
6. Medical expenses Rs.96,525/-
7. Loss of love and Rs.40,000/-
affection(wife)
8. Loss of love and Rs.40,000/-
affection(second
respondent)
9. Loss of love and Rs.50,000/-
affection(third
respondent)
Total Rs.16,62,525/-
https://www.mhc.tn.gov.in/judis
CMA.No.656 of 2020
9.In view of the said modification, this Civil Miscellaneous
Appeal is partly allowed, and the award amount of Rs.20,00,000/- granted
by the learned VI Additional District Judge (MCOP), Madurai, is reduced
to Rs.16,62,525/-. The first respondent, who is the wife of the deceased, is
entitled to Rs.7,62,525/- and the second respondent, who is the first child of
the deceased is entitled to Rs.4,00,000/- and third minor respondent, who is
the second child of the deceased, is entitled to Rs.5,00,000/- along with
proportionate interest and costs.
10. The Appellant / Oriental Insurance Company is directed to
deposit the entire compensation of Rs.16,62,525/- along with interest at the
rate of 7.5% p.a from the date of petition till the date of deposit and with
cost within a period of eight weeks from the date of receipt of a copy of this
judgment. On such deposit being made, the major claimants ie. the
respondents 1 and 2 are permitted to withdraw their respective shares as per
the ratio fixed by this Court with proportionate interest and costs, after
deducting any amount already received by them, if any. The Tribunal is
directed to deposit the share of the minor third respondent in any one of the
Nationalised Banks, in a Fixed Deposit scheme, till she attains majority.
https://www.mhc.tn.gov.in/judis
CMA.No.656 of 2020
The first respondent, who is the mother and guardian of the minor third
respondent, is permitted to withdraw the accrued interest once in three
months directly from the bank and utilise the same for the welfare of minor
child. The excess amount, if any, already deposited by the appellant /
Oriental Insurance Company, shall be refunded to the appellant in
accordance with law. No costs. Consequently, connected Miscellaneous
Petitions are closed.
11.11.2021
tta
Index : Yes/No
Speaking / Non-speaking order
To
1.The Motor Accidents Claims Tribunal,
The VI Additional District Judge,
Madurai.
2.VR Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
CMA.No.656 of 2020
S.ANANTHI,J
tta
CMA.No.656 of 2020
and
MP.Nos.5375 and 6600 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
