Madras High Court
Reliance General Insurance ... vs Sekar on 12 November, 2021
C.M.A.(MD)No.642 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.642 of 2019
and
C.M.P.(MD)Nos.7897 of 2019 & 5558 of 2021
Reliance General Insurance Company Ltd.,
Balmer Lurie House,
625, Anna Salai, Thenampet,
Chennai – 18. ... Appellant/2nd Respondent
Vs.
1.Sekar
2.Kalimuthu ... 1st & 2nd Respondents/Petitioners
3.Vijayakumar ...3rd Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the fair and decreetal order, dated 02.04.2018
made in M.C.O.P.No.1111 of 2013 on the file of the Motor Accidents Claims
Tribunal / III Additional District Judge (PCR), Madurai.
For Appellant :Mr.S.Srinivasa Raghavan
For R1 – R2 :Mr.R.Ramadurai
For R3 :No Appearance
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.642 of 2019
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the fair
and decreetal order, dated 02.04.2018 made in M.C.O.P.No.1111 of 2013 on
the file of the Motor Accidents Claims Tribunal / III Additional District
Judge (PCR), Madurai.
2.It is a case of fatal accident. On 23.09.2012 at about 2.00 p.m., while
the deceased was standing near Kanmaikarai in front of Oorkavalan Koil,
Kuvalaiveli, the vehicle namely JCB (HYUNDAI HYDRAULIC
EXCAVATOR) bearing chassis No.N601001579, Engine No.53154703
belonging to the first respondent driven by his driver in negligence manner
caused the accident and due to the said accident, the deceased sustained
grievous injuries on his head and shoulder and also all over the body. Hence,
he was admitted in Vikram Hospital, Madurai and then, he was admitted in
the Madurai Rajaji Hospital and was succumbed to his injuries on
24.09.2012.
3.The parents of the deceased/claimants have filed a petition in
M.C.O.P.No.1111 of 2013 on the file of the Motor Accident Claims
Tribunal/III Additional District Judge (PCR), Madurai, seeking
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C.M.A.(MD)No.642 of 2019
compensation.
4.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 & P.W.2 and marked ten documents as Exs.P.1 to P.10. On
the side of the appellants herein/respondent, no one was examined as witness
and no document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondents and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the JCB of
the third respondent and directed the appellant herein to pay a sum of
Rs.13,90,000/- as compensation.
6.Against which, the appellant/second respondent has filed this present
appeal to set aside the award of compensation passed by the Tribunal.
7.Heard the learned counsel appearing for the appellant and the learned
counsel appearing for the first and second respondents and perused the
materials available on record.
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C.M.A.(MD)No.642 of 2019
8.Eventhough the appeal has filed on the ground that the driver has no
valid license, the learned counsel for the appellant restricted his arguments
only regarding the quantum. He also contended that the deceased has
attained the age of 21 years at the time of accident and he was studying third
year in B.B.A. Since the deceased was only a B.B.A., third year student, the
monthly salary is to be fixed at Rs.7,500/-. But the Tribunal has fixed as Rs.
9,000/- for monthly salary of the deceased. Hence, it requires modification.
9.On perusal of records, it shows that the tribunal has fixed Rs.9,000/-
towards monthly income of the deceased and the same cannot be retained and
it has to be fixed as Rs.7,500/-. The Tribunal has awarded 40% towards
future prospectus of the deceased. Therefore, the notional income of the
deceased arrived at Rs.10,500/- (Rs.7,500/- + Rs.3000/-). The deceased was
a bachelor on the date of the accident. Hence 50% of his income should be
deducted towards his personal expenses. Therefore, the net income arrived at
Rs.5,250/- (Rs.10,500/- x 50% = Rs.5,250/-). Thus, Rs.5,250/- x 12 x 18 =
Rs.11,34,000/- is calculated as loss of dependency. As per the judgment of
the Honourable Supreme Court reported in (2018) 18 SCC 130 in the case of
Magma General Insurance Company Ltd, Vs. Nanu Ram alias Chuhru
Ram and others, this Court awarded Rs.40,000/- each for loss of love and
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C.M.A.(MD)No.642 of 2019
affection. Except the above, all the other terms of the award passed by the
Tribunal is confirmed.
10.Accordingly, the claimants are entitled for compensation as follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Income Rs.11,34,000/-
2. Funeral Expenses Rs. 15,000/-
3. Loss of Estate Rs. 15,000/-
4. Loss of love and affection Rs. 80,000/-
Total Rs. 12,44,000/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
11.Finally, this Civil Miscellaneous Appeal is partly allowed. No costs.
The award amount of Rs.13,90,000/- granted by the Motor Accidents Claims
Tribunal Cum III Additional District Judge (PCR), Madurai in M.C.O.P.No.
1111 of 2013, dated 02.04.2018, is reduced to Rs.12,44,000/- (Rupees
Twelve lakhs forty four thousand only). The first respondent, who is the
father of the deceased, is entitled to Rs.5,44,000/- and the second respondent,
who is the mother of the deceased, is entitled to Rs.7,00,000/- with interest
at 7.5% p.a from the date of claim petition till the date of realization.
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C.M.A.(MD)No.642 of 2019
12.The appellant/Insurance Company is directed to deposit the award
amount, now fixed by this Court, within a period of four weeks from the date
of receipt of a copy of this order, less the amount already deposited. On
such deposit, the claimants are entitled to withdraw their respective share as
per the ratio fixed by this Court. Consequently connected miscellaneous
petition is closed.
12.11.2021
Index :Yes/No
Internet:Yes/No
vsd
Note:In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
Advocate/litigant concerned.
To
1.The Motor Accidents Claims Tribunal /
III Additional District Judge (PCR),
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.642 of 2019
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.642 of 2019
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.642 of 2019
and
C.M.P.(MD)Nos.7897 of 2019 & 5558 of 2021
12.11.2021
https://www.mhc.tn.gov.in/judis
