Madras High Court
United India Insurance Co. Ltd vs Senthamarai on 17 November, 2021
C.M.A.No.4276 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.4276 of 2019
and
C.M.P.No.24176 of 2019
United India Insurance Co. Ltd.,
No.134, Silinghu Buildings,
No.66, Greams Road,
Chennai – 600 006. ... Appellant
Vs.
1.Senthamarai
2.Muniappan
3.Dhanush
4.Keerthikumar
5.Baby
6.Munisamy
7.Subramani
... Respondents
1/10
https://www.mhc.tn.gov.in/judis
C.M.A.No.4276 of 2019
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the award and decree dated 26.02.2019 made in MCOP
No.6669 of 2016 on the file of Motor Accident Claim Tribunal, (IV Court of
Small Causes, Chennai).
For Appellant : Mr.A.Dhiraviyanathan
For Respondents : M/s R.J.Radhika (for R1 to R6)
No appearance for R7
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This appeal arises out of the order passed by the Motor Accident Claims
Tribunal, IV Court of Small Causes, Chennai in MCOP No.6669 of 2016 dated
26.02.2019.
2.This is the case of the fatal accident. The case of the claimants is that the
deceased Palani being a cleaner of a Private Bus bearing Reg.No.TN-23-AJ-8299,
on 14.08.2016 at 05.15 hours, he has assisted the driver of the said bus for taking
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C.M.A.No.4276 of 2019
reverse of Vandalur to Minjur 400 feet road, on Nemilicherry over-bridge. At that
time, the driver of the bus has suddenly drove the bus in a rash and negligent
manner, endangering public safety with high speed, dashed against the deceased.
As a result of which, the deceased sustained fatal injuries and died in the hospital.
The first claimant is the wife of the deceased and the claimants 2 to 4 are their
sons and the claimants 5 and 6 are the parents. The appellant herein is the insurer
of the bus. Alleging that the accident had taken place due to the rash and
negligent driving of the bus, the claimants laid a petition, claiming compensation
of Rs.30,00,000/-.
3.Resisting the claim, the appellant Insurance Company filed their counter
disputing the manner of accident, age, avocation and income of the deceased and
its liability to pay the compensation. It was also contended that the claim is
excessive.
4.To substantiate the case, on the side of the claimants, P.Ws.1 and 2 were
examined and Exs.P.1 to Ex.P.17 were marked. On the side of the
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C.M.A.No.4276 of 2019
appellant/Insurance Company, no witness was examined and no document has
been produced.
5.The Tribunal, after considering the oral and documentary evidence held
that the driver of the bus was responsible for the accident and awarded
compensation of Rs.29,89,200/- to the claimants under the following heads:-
Heads Rs.
Loss of Contribution to the family 24,19,200/-
Loss of Love and Affection 5,00,000/-
Loss of Estate 15,000/-
Consortium 40,000/-
Funeral Expenses 15,000/-
Total 29,89,200/-
6.Assailing the award, the appellant Insurance Company has filed the
present appeal. This appeal has been filed only challenging the quantum, hence,
the other issues need not be dealt with herein.
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C.M.A.No.4276 of 2019
7.The learned counsel for the appellant Insurance Company has contended
that the award is on the higher side by wrongly fixing excessive monthly income
of Rs.12,000/- and it requires reduction. He would further contend that the
Tribunal erred in awarding Rs.24,19,200/- towards loss of contribution to the
family; Rs.5,00,000/- towards loss of love and affection; Rs.15,000/- towards loss
of estate; Rs.40,000/- towards consortium and Rs.15,000/- towards funeral
expenses. He would further contend that the Tribunal has granted an exorbitant
sum of Rs.1,00,000/- each to the claimants, which is contrary to the decision of
the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd., vs.
Nanu Ram and others reported in 2018(1) TN MAC 452 (SC), wherein a sum
of Rs.40,000/- alone granted towards spousal, parental and filial consortium.
Hence, the amount awarded under the head of love and affection is to be set aside.
8.Per contra, the learned counsel appearing for the respondents/claimants
argued that the impugned Judgment and Decree awarding the aforesaid
compensation is well reasoned and it requires no interference and therefore, this
Civil Miscellaneous Appeal is liable to be dismissed.
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C.M.A.No.4276 of 2019
9.This Court carefully considered the submissions of the learned counsel
for the appellant Insurance Company and the learned counsel appearing for the
respondents/claimants and perused the materials available on record.
10.A perusal of the impugned award would show that the Tribunal has
granted Rs.5,00,000/- towards loss of love and affection. As contended by the
learned counsel for the appellant Insurance company, it is contrary to the decision
of the Hon'ble Apex Court in case of Magma General Insurance Co. Ltd., vs.
Nanu Ram and others (cited supra). Therefore, as per the above said decision,
the claimants are entitled to Rs.40,000/- each towards consortium and love and
affection, which comes to Rs.2,40,000/-. Therefore, the amount awarded under
the head of loss of love and affection is set aside. Further, the amount of
Rs.40,000/- awarded under the head of consortium separately is also set aside
since totally awarded Rs.2,40,000/-.
11.Further, though the learned counsel appearing for the appellant
Insurance Company has contended that the award under the others heads are on
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C.M.A.No.4276 of 2019
the higher side and it requires reduction, on perusal of the records, we find that
the Tribunal, on proper appreciation of evidence of P.W.1 and Exs.11 to 13 (Bank
Passbooks), has fixed the monthly income and adopting correct multiplier
awarded a just and reasonable compensation under the head of loss of
contribution to the family; loss of estate; and funeral expenses and hence, they
are confirmed. The rate of interest fixed by the Tribunal remains unaltered.
12.In the light of the above, the compensation awarded by the Tribunal to
the claimants is re-quantified as follows:-
Heads Rs.
Loss of Contribution to the family 24,19,200/-
Loss of Love and Affection & consortium 2,40,000/-
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
Total 26,89,200/-
13.In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The appellant Insurance Company is directed to deposit the modified
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C.M.A.No.4276 of 2019
award amount with accrued interest and costs, less the amount already deposited,
if any, within a period of eight weeks from the date of receipt of a copy of this
order. On such deposit, the first claimant is entitled to withdraw a sum of
Rs.14,89,000/-; the claimants 2 to 4 are entitled to withdraw a sum of
Rs.3,00,000/- each; the claimants 5 and 6 are entitled to withdraw a sum of
Rs.1,50,000/- each together with proportionate interest and costs. The major
claimants are permitted to withdraw their share after filing a memo, along with a
copy of this order, less the amount if already withdrawn. Further, the Tribunal is
directed to deposit the share of the minor claimants in any one of the nationalised
banks, as fixed deposit under the Cumulative Deposit Scheme, till the minors
attain the age of major and permitted to take the interest by their guardian. No
costs. Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
17.11.2021
Intex : Yes/No
Internet : Yes/No
skn
https://www.mhc.tn.gov.in/judis
C.M.A.No.4276 of 2019
To
1.The Motor Accident Claims Tribunal,
II Small Causes Court, Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.4276 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.4276 of 2019
and
C.M.P.No.24176 of 2019
17.11.2021
https://www.mhc.tn.gov.in/judis
