Madras High Court
Bharti Axa General Insurance ... vs Mrs.Krishnaveni on 4 October, 2021
C.M.A.No.542 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.542 of 2020
and
C.M.P.No.3320 of 2020
Bharti Axa General Insurance Company Limited,
No.162, Metro Plaza, 2nd Floor,
Opp to Spencer Plaza, Anna Salai,
Mount Road, Chennai - 600 002. ... Appellant
Vs.
1.Mrs.Krishnaveni,
W/o.Velayudham.
2.K.Velayudham,
S/o.Krishnan.
3.Velu (Minor),
S/o.K.Velayudham.
4.Mariyappan (Minor),
S/o.K.Velayudham.
(Petitioners 3 and 4 are minors rep by their
Mother and NF Mrs.Krishnaveni)
5.K.Dharani
(5th respondent/1st respondent herein remained exparte,
hence, notice may be dispensed with)
... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.542 of 2020
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988, praying to set aside the decree and judgment made in
M.C.O.P.No.2634 of 2015 dated 01.08.2018, on the file of the Motor Accidents
Claims Tribunal, III Court of Small Causes, Chennai.
For Appellant : Mr.K.Poomalai
For Respondents : Mr.K.Varadhakamaraj (for R1 to R4)
R5-Exparte
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, III Court of Small Causes, Chennai in M.C.O.P.No.2634 of 2015, dated
01.08.2018.
2. This is the case of the fatal accident. The case of the claimants is that
on 02.02.2015 at about 20.00 hours, the deceased V.Ramesh was riding a
motorcycle bearing Reg.No.TN-19K-8997 on the left side of the Siruthavur Road,
Kanchipuram District. At that time an another motorcycle bearing Registration
No.TN-05AQ-1257 driven rashly and negligently by its rider in a manner
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C.M.A.No.542 of 2020
endangering to public safety came at a dangerous speed and dashed against the
deceased thereby caused fatal injuries and died on the spot. The first claimant is
the mother of the deceased and the second claimant is the father of the deceased
and claimants 3 and 4 are the brothers of the claimant. Alleging that the accident
had taken place due to the rash and negligent driving of the motorcycle, the
claimants laid a petition, claiming compensation of Rs.20,59,000/-.
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 compensation
awarded by the Tribunal 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.9 were marked and no witness was examined on the
side of the respondent's side.
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C.M.A.No.542 of 2020
5. The Tribunal, after considering the oral and documentary evidence held
that the rider of the motorcycle was responsible for the accident and awarded
compensation of Rs.20,59,000/- to the claimants under the following heads:-
Heads Rs.
Loss of Dependency 19,44,000/-
Loss of Love and Affection 1,00,000/-
Funeral Expenses 15,000/-
Total 20,59,000/-
6. Assailing the award, the appellant Insurance Company has filed the
present appeal. The appeal has been filed only challenging the quantum, hence,
the other issues need not be dealt with herein.
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.
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C.M.A.No.542 of 2020
8. Per contra, the learned counsel appearing for the respondents/claimants
submits that the Tribunal has not awarded any amount towards loss of estate and
filial consortium.
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. As rightly submitted by the learned counsel appearing for the appellant
that monthly income of Rs.12,000/- fixed by the Tribunal is on the higher side
since the deceased was working as a Drummer and hence, the same is reduced to
Rs.10,000/- and 40% is added towards future prospects. Since the deceased was a
bachelor, 50% has to be deducted towards personal expenses. Further, this Court
finds that no sum has been granted under the heads 'loss of estate' and 'filial
consortium' and hence, sums of Rs.15,000/- and Rs.20,000/- respectively are
granted under such heads. The amount of Rs.1,00,000/- Rs.15,000/- awarded
towards loss love and affection and funeral expenses is unaltered. Hence, the
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C.M.A.No.542 of 2020
compensation awarded by the Tribunal to the claimants is re-quantified as
follows:-
Heads Rs.
Loss of dependency 15,12,000/-
[(10,000+40%)-1/2*12*18
Loss of love and affection 1,00,000/-
Filial consortium 20,000/-
Funeral expenses 15,000/-
Loss of Estate 15,000/-
Total 16,62,000/-
11. In view of the above modification, the Civil Miscellaneous Appeal is
partly allowed. The appellant Insurance Company is directed to deposit the above
modified 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 claimants 1 and 2 are permitted to
withdraw the award amount, less the amount already withdrawn, if any, together
with proportionate interest and costs. Insofar as the claimants 3 and 4/ minors are
concerned, their share shall be deposited by the Tribunal in any Fixed Deposit
Scheme in any one of the Nationalised Banks and it shall be renewed periodically
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C.M.A.No.542 of 2020
till they attain majority and the interest accrued thereon shall be withdrawn by the
first claimant/mother once in three months. 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.]
04.10.2021
Intex : Yes/No
Internet : Yes/No
ub
To
1.The Motor Accidents Claims Tribunal,
III Court of Small Causes, Chennai
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.542 of 2020
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
ub
C.M.A.No.542 of 2020
04.10.2021
https://www.mhc.tn.gov.in/judis/
