Madras High Court
The Manager vs Tmt.Rekha on 7 October, 2021
C.M.A.No.354 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.354 of 2021
and
C.M.P.Nos.2392 and 8383 of 2021
The Manager,
M/s.Reliance General Insurance Company Limited,
H-Block, 4th Street, Door No.12,
H-2035, 15th Main Road,
Anna Nagar (West),
Chennai - 600 040. ... Appellant
Vs.
1.Tmt.Rekha
2.Rahul (Minor), S/o.Late Anandan,
(2nd Respondent Minor Represented by
Mother and NF 1st Respondent)
3.Arumugam
4.Nagammal
5.P.John Bosco
... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.354 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988, against the judgment and decree made in MCOP.No.111 of
2017, dated 15.10.2019, on the file of the Motor Accident Claims Tribunal,
Special District Court, Tiruvallur.
For Appellant : Mr.M.B.Raghavan
For Respondents : Mr.K.R.Ponnusamy
for M/s.G.Anand and Suryas (for R1 to R4)
R5-No Appearance
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,Special District Court, Tiruvallur, in MCOP.No.111 of 2017, dated
15.10.2019.
2.This is the case of fatal accident. The case of the claimants is that on
30.06.2017, at about 03.15 p.m., the deceased was getting down from the auto,
near Mappedu Bus Stop, Mappedu Village. While he was waiting to cross the
road, at that time, the 5th respondent vehicle Bolero Van bearing registration
No.TN-12K-0534, came in a rash and negligent manner and dashed against the
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C.M.A.No.354 of 2021
deceased, as a result of which, he sustained grievous injuries on his head and
immediately, he was taken to hospital and he was shifted to R.G.G.H, Chennai,
for further treatment. However, he died in the hospital on 03.07.2017. This
accident was occurred due to the rash and negligent driving of the driver of the
Bolero Van bearing registration No.TN-12K-0534. Alleging that the accident had
taken place due to the rash and negligent driving of the Bolero Van, the claimants
laid a petition claiming compensation of Rs.42,70,000/-.
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 to 3 were
examined and Exs.P.1 to Ex.P.17 were marked. On the side of the respondents,
R.W.1 was examined and Ex.R.1 was marked.
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C.M.A.No.354 of 2021
5.The Tribunal, after considering the oral and documentary evidence held
that the driver of the Bolero Van was responsible for the accident and awarded
compensation of Rs.42,70,000/- to the claimants under the following heads:-
Heads Rs.
Loss of Dependency 40,50,000/-
Loss of consortium 40,000/-
Funeral Expenses 15,000/-
Loss of estate 15,000/-
Loss of love and affection 1,50,000/-
Total 42,70,000/-
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.30,000/- and it requires reduction.
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C.M.A.No.354 of 2021
8.Per contra, the learned counsel appearing for the respondents/claimants
submits that the Tribunal has passed a well-reasoned award and the same does not
require any interference by this Court.
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.20,000/- fixed and added 50% future prospects by the
Tribunal is on the higher side as un supported by sufficient evidence and against
the Pranaysethi case decision and hence, the same is reduced to Rs.15,000/- and
40% is added towards future prospects. Since the number of dependents are 4,
1/4th is deducted towards personal expenses. Further, the amount of
Rs.1,50,000/- awarded under the head 'love and affection' is set aside. Instead, a
sum of Rs.40,000/- each is awarded to the parents of the deceased towards filial
consortium and a sum of Rs.40,000/- is awarded towards parental consortium to
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C.M.A.No.354 of 2021
the minor child of the deceased. The amount awarded under the other heads
remain unaltered. Hence, the compensation awarded by the Tribunal to the
claimants is re-quantified as follows:-
Heads Rs.
Loss of dependency 28,35,000/-
[(15,000+40%)-1/4*12*15
Filial consortium 80,000/-
Loss of consortium 40,000/-
Parental consortium 40,000/-
Funeral expenses 15,000/-
Loss of Estate 15,000/-
Total 30,25,000/-
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 first claimant/wife of the deceased is entitled to
a sum of Rs.10,00,000/-, the second claimant/minor son of the deceased is
entitled to a sum of Rs.15,00,000/-, the third claimant/father of the deceased is
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C.M.A.No.354 of 2021
entitled to a sum of Rs.2,75,000/- and the fourth claimant/mother of the deceased
is entitled to sum of Rs.2,50,000/-. The claimants 1, 3 and 4 are permitted to
withdraw the award amount, less the amount already withdrawn, if any, together
with proportionate interest and costs. Insofar as the second claimant/ minor is
concerned, his 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
till they attain majority and the interest accrued thereon shall be withdrawn by the
first claimant/mother once in three months. No costs. Consequently, connected
Miscellaneous Petitions are closed.
[M.K.K.S.,J.] [V.S.G.,J.]
07.10.2021
Intex : Yes/No
Internet : Yes/No
ub
To
1.The Motor Accidents Claims Tribunal,
Special District Court, Tiruvallur.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.354 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
ub
C.M.A.No.354 of 2020
07.10.2021
https://www.mhc.tn.gov.in/judis/
