Madras High Court
The New India Assurance Company ... vs A.Selvarasu (Deceased) on 8 October, 2021
C.M.A.No.236 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.236 of 2014
and C.M.P.No.2 of 2015
The New India Assurance Company Ltd.,
New Bus Stand,
Perambalur. .. Appellant
Vs.
1. A.Selvarasu (deceased)
2. S.Periyakkal
3. S.Prabakar
4. S.Kanagaraj
(R2 and R3 were recorded as LRs of the
deceased R1 vide order of this Court
dated 09.06.2017 made in M.P.No.1/2017) .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the Decree and Judgment dated
04.01.2013, made in M.C.O.P.No.577 of 2011, on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Perambalur.
For Appellant : Mr.N.Anand
For Respondents 2 & 3 : Mr.K.Bala Subramaniam
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C.M.A.No.236 of 2014
JUDGMENT
(The case has been heard through video conference)
This appeal has been filed by the insurance company challenging the
Award dated 04.01.2013, passed by the Motor Accidents Claims Tribunal,
Principal District Court, Perambalur in M.C.O.P.No.577 of 2011.
2. The appellant insurance company has challenged the impugned
award only on the ground that the quantum of compensation awarded by the
Tribunal under the impugned award is excessive. The details of
compensation awarded by the Tribunal are as follows:
Sl.No. Heads Amount in Rs.
1. Loss of income 6,12,000
2. Loss of love and affection 10,000
3. Loss of estate 10,000
4. Funeral expense 10,000
5. Transport charges 5,000
Total 6,47,000
3. The respondents 2 & 3 / claimants 2 & 3 are the dependents of the
deceased who died as a result of an accident on 28.08.2011, caused by the
vehicle insured with the appellant insurance company. The cause of the
accident has not been disputed by the appellant insurance company. They
are only disputing the quantum of compensation awarded by the Tribunal.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.236 of 2014
4. In the claim petition, the claimants have pleaded that the deceased
was aged 26 years and was self employed. The deceased was earning a sum
of Rs.12,000/- per month by doing catering service. The Tribunal has fixed
the notional monthly income of the deceased at Rs.4,500/-. The accident
happened in the year 2011. This Court is of the considered view that the
assessment made by the Tribunal towards notional monthly income of the
deceased cannot be considered to be excessive as alleged by the appellant
insurance company. The Tribunal has adopted the correct multiplier of 17
since the deceased was aged 26 years at the time of the accident. The
Tribunal has rightly deducted 1/3 towards personal expenses of the
deceased. The Tribunal has also not awarded any compensation towards loss
of future prospects, which the claimants are legally entitled to. The Tribunal
has awarded compensation of Rs.6,12,000 towards loss of income to the
claimants, which cannot be considered to be excessive as alleged by the
appellant insurance company. The Tribunal has also awarded a sum of
Rs.10,000/- towards loss of love and affection, a sum of Rs.10,000/- towards
loss of estate, Rs.10,000/- towards funeral expenses and a sum of Rs.5,000/-
towards transport charges, which also cannot be considered as excessive.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.236 of 2014
5. After giving due consideration to the evidence available on record
as well as the year of the accident, this Court is of the considered view that
the assessment of compensation made by the Tribunal under the impugned
Award cannot be considered to be excessive as alleged by the appellant
insurance company.
6. For the foregoing reasons, there is no merit in this appeal and
accordingly this appeal is dismissed. The appellant insurance company is
directed to deposit the award amount along with 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 to the credit of M.C.O.P.No.577 of
2011, on the file of the Motor Accidents Claims Tribunal, Principal District
Court, Perambalur. On such deposit of the compensation amount, the
respondents 2 & 3/claimant 2 & 3, are permitted to withdraw the award
amount along with interest and costs, less the amount, if any, already
withdrawn by making necessary applications before the Tribunal.
Consequently, the connected miscellaneous petition is closed. No costs.
08.10.2021
Index : Yes / No
kk
https://www.mhc.tn.gov.in/judis/
C.M.A.No.236 of 2014
To
1. The Motor Accident Claims Tribunal,
Principal District Court, Perambalur.
2. The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.236 of 2014
ABDUL QUDDHOSE, J.
kk
C.M.A.No.236 of 2014
and C.M.P.No.2 of 2015
08.10.2021
https://www.mhc.tn.gov.in/judis/
