Madras High Court
New India Assurance Company ... vs Santhi on 25 November, 2021
C.M.A.(MD).No.359 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 25.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No359 of 2019
New India Assurance Company Limited,
Through its Ramnad Branch Manager,
High Sports Building 1st Floor,
Old No.147, New No.186, Salai Road,
Ramanathapuram-623 501. ... Appellant/Respondent No.3
Vs.
1.Santhi
2.Mahandhiran
3.Chitra
4.Seetha ... 1st to 4th Respondents/Petitioners
5.Ananth ... 5th Respondent/1st Respondent
6.Nagarajan ... 6th Respondent/2nd Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.
30 of 2015 dated 20.08.2018 on the file of the Motor Accident Claims
Tribunal, Sub-Court, Devakottai.
For Appellant :Mr.J.S.Murali
For R1 to R4 :Mr.A.L.Kannan
For R5 & R6 : No appearance
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.359 of 2019
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the judgment
and decree passed in M.C.O.P.No.30 of 2015, dated 20.08.2018 on the file of
the Motor Accident Claims Tribunal, Sub-Court, Devakottai.
2.In the affidavit it is stated that the accident took place on 02.03.2014
at about 03.00 p.m., while the deceased was coming from Devakottai to his
home through his motor cycle bearing Registration No.TN-05-P 2613, a lorry
bearing Registration No.TN-65-R 3366 was coming from the opposite
direction, driven by its driver in a rash and negligent manner and dashed
against the deceased. Due to which, the deceased sustained grievous head
injuries and on the way to hospital, the deceased died. The claimants of the
deceased filed a claim petition in M.C.O.P.No.30 of 2015 seeking
compensation of Rs.23,57,000/-.
3.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.Ws.1 & 2 and six documents were marked as Exs.P.1 to P.6
and on the side of the respondents, one witness was examined as R.W.1 and
one document was marked as Ex.R.1.
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C.M.A.(MD).No.359 of 2019
4.The Tribunal, after considering the pleadings, oral and documentary
evidence and the arguments advanced by the counsel for the claimants and
the respondent and also on appreciating the evidence on record, held that the
appellant/Insurance Company is directed to pay a sum of Rs.19,42,000/- as
compensation. Aggrieved over the same, the appellant/Insurance Company
has filed the present Civil Miscellaneous Appeal.
5.Heard Mr.J.S.Murali, learned counsel appearing for the appellant and
Mr.A.L.Kannan, learned counsel appearing for the respondents 1 to 4 and
perused the material documents available on record.
6.The learned counsel appearing for the appellant/Insurance Company
submitted that without any proof the Tribunal had fixed the monthly income
of the deceased as Rs.12,000/- per month, is contrary to law. At the time of
accident, the deceased was running a Chicken Shop, but in this regard, no
document has been filed to prove the same. The appellant/Insurance
Company has also disputed the monthly income of the deceased fixed by the
Tribunal, in the counter affidavit. Hence, he prays to modify the award of the
Tribunal.
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C.M.A.(MD).No.359 of 2019
7.Since no document was filed by the claimants to prove the monthly
income of the deceased, this Court is inclined to reduce the monthly income
of the deceased at Rs.10,000/- and added 25% of the future prospects.
Therefore, the compensation awarded by the Tribunal stands revised from
Rs.Rs.19,42,000/- to Rs.17,50,000/- in the manner stated below:
S.No. Description Awarded by
Amount awarded by this Court
Tribunal This Court
1. Loss of Income Rs.18,72,000/- Rs.15,60,000/- (Modified)
2. Loss of love and Rs.40,000/- Rs.1,60,000/- (Modified)
affection of the first (each
petitioner petitioner Rs.
40,000/-)
3. Funeral Expenses Rs.15,000/- Rs.15,000/- (Confirmed)
4. For Ambulance Rs.15,000/- Rs.15,000/- (Confirmed)
Rs.19,42,000/- Rs.17,50,000/- (Reduced)
Total Compensation
8.In view of the above, the judgment and decree of the trial Court
passed in M.C.O.P.No.30 of 2015 are modified and the compensation is
reduced from Rs.19,42,000/- to Rs.17,50,000/- and the Civil Miscellaneous
Appeal is allowed in part. The Insurance Company is directed to deposit the
modified amount of Rs.17,50,000/-, if already not deposited, within a period
of six weeks from the date of receipt of a copy of this judgment, along with
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C.M.A.(MD).No.359 of 2019
interest at the rate of 7.5% p.a. The claimants are permitted to withdraw their
shares with accrued interests, as apportioned by the Tribunal. The excess
amount, if any, shall be refunded to the appellant/Insurance Company. No
costs.
25.11.2021
Index :Yes/No
Internet:Yes/No
To
1.The Motor Accident Claims Tribunal/
Sub Court,
Devakottai.
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.359 of 2019
S.ANANTHI, J.
Ns
Common Judgment made in
C.M.A.(MD).No359 of 2019
25.11.2021
https://www.mhc.tn.gov.in/judis
