Madras High Court
The Branch Manager vs Subbulakshmi on 30 November, 2021
C.M.A.(MD)No.205 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.205 of 2021
and
C.M.P.(MD)No.1800 of 2021
The Branch Manager,
The Oriental Insurance Company Ltd.,
Having its office at 1st Floor,
No./2851/35, Kamala Subramaniyam Arcade,
No.3607/21, Iind Floor,
Near Mary's Corner, Sathiyamoorthi Road,
Kaspa Puthukottai,
Puthukottai District. ...Appellant/Respondent No.2
Vs.
1.Subbulakshmi
2.Govindasamy
3.Sulochanan ...Respondent Nos.1 to 3/
Petitioner Nos.1 to 3
4.P.S.Sankar ...Respondent No.4/Respondent No.1
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the order of the Motor Accidents Claims
Tribunal Cum III Additional District Cum Sessions Court, Thanjavur @
Pattukottai made in M.C.O.P.No.155 of 2017, dated 30.04.2019.
For Appellant :Mr.C.Jawahar Ravindran
For R1 to R3 :Mr.M.Viji
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.205 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the order
of the Motor Accidents Claims Tribunal Cum III Additional District Cum
Sessions Court, Thanjavur @ Pattukottai made in M.C.O.P.No.155 of 2017,
dated 30.04.2019.
2.It is a case of fatal accident. On 04.03.2017, the deceased
Kavidhasan and his friend deceased Maheswaran were riding in a two
wheeler, as pillion rider and at about 7.00 p.m., when the motorcycle reached
at Pattukottai to Vadacheri Road from south to north direction, a Rathi
Meena Parcel Service lorry, bearing Registration No.TN-68-P-2113 was
driven by its driver in a rash and negligent manner and hit the two wheeler.
Due to the said accident, the deceased Kavidhasan was thrown away and
sustained fatal head injuries and died on the spot.
3.The claimants have filed a petition in M.C.O.P.No.155 of 2017 on
the file of the Motor Accident Claims Tribunal Cum III Additional District
and Sessions Court, Thanjavur @ Pattukottai, seeking compensation.
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C.M.A.(MD)No.205 of 2021
4.Before the Tribunal, on the side of the claimants, three witnesses
were examined as P.W.1 to P.W.3 and marked twenty two documents as
Exs.P.1 to P.22. On the side of the respondents herein, no one was examined
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 parcel
lorry and directed the appellant herein to pay a sum of Rs.16,15,000/- 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, second and third respondents and
perused the materials available on record.
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C.M.A.(MD)No.205 of 2021
8.The learned counsel for the appellant/Insurance company contended
though the claimants have not produced any document for the proof of
income earned by the deceased, the tribunal has fixed an exorbitant amount
of Rs.15,000/- as monthly income of the deceased. He further contended that
the Tribunal has wrongly added 25% of the income towards future
prospectus and also wrongly awarded Rs.15,75,000/- towards loss of income.
Hence, it requires modification.
9.On perusal of records, it shows that in the claim petition, it is
mentioned that the deceased was working as a painter and carpenter, earning
a sum of Rs.20,000/- per month. However, no proof of income is adduced.
Hence, this Court fixed a sum of Rs.10,000/- as notional monthly income of
the deceased. The Tribunal has awarded 25% towards future prospectus of
the deceased. Therefore, the notional income of the deceased arrived at
Rs.12,500/- (Rs.10,000/- + Rs.2,500/-). Since the deceased was a bachelor at
the time of accident, this Court deducted 50% of the income towards his
personal expenses. Therefore, the net income arrived at Rs.6,250/-
(Rs.12,500/- x 50% = Rs.6,250/-). Thus, Rs.6,250/- x 12 x 14 =
Rs.10,50,000/- is calculated as loss of dependency. The Tribunal did not
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C.M.A.(MD)No.205 of 2021
award any amount towards loss of love and affection. Hence, this Court
awards Rs.40,000/- each for first and second respondents and Rs.25,000/- for
the third respondent towards loss of love and affection. Therefore, the
respondents 1 to 3/petitioners are entitled to get Rs.11,55,000/- and to that
extent, this Civil Miscellaneous Petition can be allowed.
10.Finally, this Civil Miscellaneous Appeal is partly allowed. No costs.
The award amount of Rs.16,15,000/- (Rupees Sixteen lakhs fifteen thousand
only) passed by the Motor Accidents Claims Tribunal Cum III Additional
District Cum Sessions Court, Thanjavur @ Pattukottai in M.C.O.P.No.115 of
2017, dated 30.04.2019, is hereby modified. The respondents 1 to
3 /petitioners are entitled to get Rs.11,55,000/-. (Rupees Eleven lakhs fifty
five thousand only) with interest at 7.5% p.a from the date of claim petition
till the date of realization. Except the above, all the other terms of the award
passed by the Tribunal is confirmed.
11.The appellant is directed to deposit the award amount, now fixed by
this Court, within a period of six 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 of
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C.M.A.(MD)No.205 of 2021
apportionment made by the tribunal. Consequently connected miscellaneous
petition is closed.
Index :Yes/No 30.11.2021
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
Cum III Additional District Cum Sessions Court,
Thanjavur @ Pattukottai
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.205 of 2021
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.205 of 2021
and
C.M.P.(MD)No.1800 of 2021
30.11.2021
https://www.mhc.tn.gov.in/judis
