Madras High Court
The Branch Manager vs Shanthi on 22 November, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.928 of 2019
and
C.M.P.(MD)Nos. 12505 of 2019 & 7123 of 2021
The Branch Manager,
National Insurance Company Limited,
No.1754/56, Manojiyappa Street,
Thanjavur. ...Appellant/2nd Respondent
Vs.
1.Shanthi
2.Rajeshwari
3.Vignesh ...R-1 to R-3/Claimant Nos.1 to 3
4.Manikandan ...4th Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and decree dated 19.07.2019
made in M.C.O.P.No.1152 of 2017 on the file of the learned Special Judge,
Thanjavur.
For Appellant :Mr.A.Elango
For R-1 to R-3 :Mr.S.Muthumalai Raja
For R-4 :Mr.G.Karnan
https://www.mhc.tn.gov.in/judis
2
ORDER
This Civil Miscellaneous Appeal has been filed to set aside the
Judgment and decree, dated 19.07.2019 in M.C.O.P.No.1152 of 2017 passed
by the learned Special Judge, Thanjavur.
2.It is a case of fatal accident, which took place on 08.01.2017 at about
06.00 p.m., when the deceased Dinesh was riding a motor cycle bearing
Registration No.TN-68-H-1928 and one Kaviyarasan was a pillion rider in
Thanjavur – Nagapattinam main road, from west to east, north side of
Kovilur Anna nagar Thurukkachi kulam, a Hero Honda Splender motor cycle
bearing Regn. No.TN-68-4077 with three persons came from opposite
direction with rash and negligent manner and dashed against the deceased
vehicle. Due to the said accident, Dinesh died.
3.The claimants have filed a petition in M.C.O.P. No.1152 of 2017 on
the file of the learned Special Judge, Thanjavur, seeking compensation.
4.Before the Tribunal, on the side of the claimants two witnesses were
examined as P.Ws.1 & 2 and marked thirteen documents as Exs.P.1 to P.13.
No witness was examined and document marked on the side of the Insurance
company or owner of the vehicle.
https://www.mhc.tn.gov.in/judis
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
insurance company and also on appreciating the evidences on record, held
that the accident occurred only, due to the rash and negligent driving of the
two wheeler of the 4th respondent herein and directed the appellant/insurance
company to pay a sum of Rs.17,30,496/-as compensation.
6.Heard Mr.A.Elango, learned counsel appearing for the appellant and
Mr.S.Muthumalai Raja, learned counsel appearing for the claimants and
Mr.G.Karnan, learned counsel appearing for the 4th respondent. Perused the
material documents available on record.
7.The appellant/insurance company has filed this Civil Miscellaneous
Appeal on two grounds. One is sons of the deceased is a bachelor for
personal expenses 50% to be deducted. However, personal expenses to be
deducted at 50%. But, the tribunal has wrongly deducted 1/3 as personal
expenses. The tribunal has fixed monthly income as Rs.12,000/- and 40%
future prospectus. Rs.12,000 x 40/100 =Rs.16,800/- for personal expenses
50% to be deducted. Hence, monthly income is Rs.8,400 x 12 x18
=18,14,400/-.
https://www.mhc.tn.gov.in/judis
8.On hearing both sides, this Court is inclined to modify the award
amount of compensation passed by the Tribunal.
9.Accordingly, the claimants are entitled for compensation as follows:
S. Description Amount awarded by Award
confirmed /
No.
Tribunal This Court enhanced /
granted
1. For Loss of income Rs. 24,19,200/- Rs.18,14,400/- modified
2. For funeral expenses Rs. 15,000/- Rs. 15,000/- confirmed
3. For loss of Estates Rs. 15,000/- Rs. 15,000/- confirmed
Total Rs 24,49,200 /- Rs.18,44,400/-
4. Deducted 10% for mistake of the Rs. 2,44,920/- Rs. 1,84,440/- modified
deceased
Total Rs.22,04,280/- Rs. 16,59,960/- modified
5. Deducted for Income-tax Rs. 4,73,784/- Rs. 1,65,996/-
Total Rs. 17,30,496/- Rs.14,93,964/- modified
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
10.In view of the said modification, this Civil Miscellaneous Appeal is
partly allowed, and the award amount of Rs.17,30,496/-granted by the
learned Special Judge, Thanjavur, is reduced to Rs.14,93,964/-with 7.5%.
The appellant/insurance company is directed to deposit the entire award
amount, within a period of Four weeks, from the date of receipt of copy of
the order. After depositing, the 1st claimant(mother) is entitled for 70% and
https://www.mhc.tn.gov.in/judis
2nd and 3rd claimants are entitled for 15% each. For other aspects, the order
of the Tribunal is confirmed. After depositing the award amount, the
claimants are entitled to withdraw the compensation on filing appropriate
application before the tribunal. If the appellant/insurance company deposited
the excess amount is to be refunded to the insurance company. No costs.
Consequently, connected miscellaneous petitions are closed.
Index :Yes/No 22.11.2021
Internet:Yes/No
ksa
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
The Special Judge,
Thanjavur.
https://www.mhc.tn.gov.in/judis
S.ANANTHI, J.
ksa
Order made in
C.M.A.(MD).No.928 of 2019
22.11.2021
https://www.mhc.tn.gov.in/judis
