Madras High Court
Divisional Manager vs R.Selvaraj on 23 November, 2021
C.M.A.No.1194 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.1194 of 2020
and C.M.P.No.7434 of 2020
Divisional Manager
M/s. United India Insurance Co.Ltd
Door No.13A, Nethaji Road
Cuddalore – 607 001. ... Appellant
Vs.
1.R.Selvaraj
2.S.Punithavalli
3.S.Rajarajeswari
4.S.Rajawarman
5.M/s Arul Nandhini Bus Service ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988, against the judgment and decree passed in M.C.O.P. No.3349
of 2015 dated 06.02.2019 on the file of the Motor Accidents Claims Tribunal, I
Additional District & Sessions Judge, Cuddalore.
For Appellant : Mr.S.Arunkumar
For Respondents : Mr.R.R.Pradeep for RR1 to 4
R5 – Notice served - NA
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1194 of 2020
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This appeal arises out of the order passed by the Motor Accidents Claims
Tribunal, I Additional District & Sessions Judge, Cuddalore, in M.C.O.P. No.3349
of 2015, dated 06.02.2019.
2.For the sake of convenience, parties are referred to as per their ranking in
the claim petition.
3.The case of the claimants is that on 11.09.2015, at about 1.20 hours, the
deceased was walking from North to South, keeping extreme left of Kathipara
Bridge Service Road, near Dhanalakshmi Automobiles, Alandur, Chennai, the 1st
respondent's Bus bearing Registration No.TN 36 AY 3349, came from behind, at a
great speed, in a rash and negligent manner, without making horn dashed against
the deceased. Due to the accident the deceased sustained fatal injuries and died
on the spot. Alleging that the accident had taken place due to the rash and
negligent driving of the driver of the bus belonging to the 1st respondent, the
https://www.mhc.tn.gov.in/judis
C.M.A.No.1194 of 2020
claimants sought for compensation of Rs.1,00,00,000/- before the Tribunal.
4.The appellant Insurance Company resisted the claim by filing counter,
wherein the manner of accident, age, avocation and income of the deceased and its
liability to pay the compensation were disputed. According to the counter, the
compensation claimed by the claimants is excessive.
5. To substantiate the case, on the side of the claimants, P.Ws.1 to 3 were
examined and Exs.P.1 to 16 were marked. On the side of the respondents, R.W.1
was examined but, no document has been marked.
6.The Tribunal after considering the oral and documentary evidence held
that the driver of the 1st respondent Bus was responsible for the accident, awarded
compensation of Rs.61,98,000/- to the claimants under the following heads:-
Heads Rs.
Loss of Income 60,48,000/-
Loss of love and affection 60,000/-
Loss of estate 60,000/-
https://www.mhc.tn.gov.in/judis
C.M.A.No.1194 of 2020
Heads Rs.
Transport Expenses 15,000/-
Funeral Expenses 15,000/-
Total 61,98,000/-
7.Assailing the award passed by the Tribunal, the appellant Insurance
Company has filed the present appeal.
8.The learned counsel for the appellant would submit that the accident had
happened due to the negligence on the part of the deceased. The Tribunal erred in
fixing the monthly income of the deceased as Rs.40,000/- per mensem, without
any valid documents and also awarded excessive amounts under different heads.
Consequently, the sum of Rs.61,98,000/- awarded as compensation to the
claimants, is on the higher side and the same needs proper reduction.
9.Per contra, the learned counsel appearing for the claimants submit that
the Tribunal has passed a well-reasoned award and the same does not require any
interference by this Court. Further, it is stated that the occurrence was witnessed
by P.W.2-Babu, who deposed before the Tribunal about the manner of accident.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1194 of 2020
In so far as the monthly income of the deceased, P.W.3 was examined before the
Tribunal, he clearly deposed about the monthly salary of the deceased. In support
the same, Exs.P.7, 11, 12, 13 and 16 were marked. Therefore, the Tribunal has
rightly fixed the monthly income of the deceased as Rs.40,000/-.
10.This Court carefully considered the submissions of the learned counsel
for the appellant/Insurance Company and the learned counsel appearing for the
claimants and perused the materials available on record.
11. The Tribunal, by relying upon the evidence of Ex.P1 - FIR and the
evidence of PW2, rightly came to the conclusion that the accident had occurred
due to the negligent act of the driver of the 1st respondent Bus. Ex.P.9-Insurance
policy of the vehicle, which involved in the accident, rightly establishes the policy
coverage at the relevant point of time, therefore, the Tribunal directed the 2 nd
respondent/Insurance company to pay the compensation awarded to the claimants.
12.Further, considering the cost of living prevalent at the time of the
https://www.mhc.tn.gov.in/judis
C.M.A.No.1194 of 2020
accident, we are of the opinion that the sum of Rs.40,000/- fixed by the Tribunal
towards monthly income of the deceased Rajaguru, appears to be on the higher
side. Since no document was produced to show that the deceased has received the
salary through any electronic mode, it is appropriate to fix notional income as
Rs.15,000/-. Then, by adding 40% towards future prospects, the monthly salary of
the deceased is arrived at Rs.21,000/-. Since the deceased was a bachelor, 50% of
the amount is deducted towards personal expenses, and this Court fixes the
contribution to his family at Rs.10,500/- per mensem. So, the Loss of Dependency
is calculated at Rs.22,68,000/- [10,500 x 12 x 18], by adopting multiplier "18". In
addition to that, this Court is inclined to modify the award of the Tribunal under
the conventional heads viz., Rs.1,60,000/- towards Filial Consortium; Rs.15,000/-
towards Funeral and Transport Expenses; Rs.15,000/- towards Loss of Estate; In
total, the claimants are entitled to Rs.24,58,000/- along with interest at the rate of
7.5% per annum from the date of claim petition till the date of realization.
13.In the result, the Civil Miscellaneous Appeal is partly allowed. The
appellant/Insurance Company is directed to deposit the modified award amount of
https://www.mhc.tn.gov.in/judis
C.M.A.No.1194 of 2020
Rs.24,58,000/- with accrued interest and costs, less the amount already deposited,
if any, within a period of six weeks from the date of receipt of a copy of this
Judgment. On such deposit, the claimants are permitted to withdraw the award
amount, less the amount already withdrawn, if any, together with proportionate
interest and costs. The apportionment of shares as fixed by the Tribunal to the
claimants is hereby confirmed. No costs. Consequently, connected miscellaneous
petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
23.11.2021
Intex : Yes/No
Internet : Yes/No
Jer
To
1.The Motor Accidents Claims Tribunal
I Additional District & Sessions Judge, Cuddalore.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1194 of 2020
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
C.M.A.No.1194 of 2020
and
C.M.P.No.7434 of 2020
23.11.2021
https://www.mhc.tn.gov.in/judis
