Madras High Court
M/S.United India Insurance Co. ... vs Vidhya on 28 October, 2021
C.M.A.No.1469 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1469 of 2021
and C.M.P.No.7689 of 2021
M/s.United India Insurance Co. Ltd.,
Arabindo Salai, Block-19,
Neyveli. .. Appellant
Vs.
1. Vidhya
2. Minor Priyadharshini
3. Minor Iyyappan
4. Jayaraman
5. Kalai Selvan
7. Gunavathi
(R2 & R3 rep by their mother R1) .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to set aside the judgment and decree dated
07.08.2020, made in M.C.O.P.No.97 of 2019, on the file of the Motor
Accidents Claims Tribunal, III Additional District and Sessions Court,
Virdhachalam.
For Appellant : Ms.R.Rathna Thara
For Respondents 1 to 5 : Mr.Udhaya Kumar
-----
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C.M.A.No.1469 of 2021
JUDGMENT
(The case has been heard through video conference)
This appeal has been filed by the insurance company challenging the
impugned order dated 07.08.2020, passed by the Motor Accidents Claims
Tribunal, III Additional District and Sessions Court, Virdhachalam, in
M.C.O.P.No.97 of 2019.
2. The appellant / insurance company challenged the award on the
ground that the Tribunal has erroneously not fixed any contributory
negligence on the part of the deceased as the deceased was admittedly
sleeping under the tractor and therefore the Tribunal ought to have fixed
contributory negligence on his part.
3. This Court perused and examined the impugned award. As seen
from the evidence available on record, it is an admitted fact that the deceased
was sleeping under the tractor when a lorry due to its over speed dashed
against the tractor which resulted in the death of Packiyaraj. Further, it is an
admitted fact that the deceased is also the driver of the tractor. However,
under the impugned award, the Tribunal has not fixed any contributory
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C.M.A.No.1469 of 2021
negligence on the part of the deceased, even though he was sleeping under
the tractor and was also the driver of the tractor. This Court is of the
considered view that contributory negligence ought to have been fixed on
the part of the deceased as he was careless in sleeping under the tractor.
After giving due consideration to the same, this Court is of the considered
view that 25% contributory negligence has to be fixed on the part of the
deceased. Accordingly, 25% contributory negligence is fixed on the part of
the deceased.
4. In so far as quantum of compensation awarded by the Tribunal is
concerned, the appellant insurance company has not raised any serious
dispute. Since contributory negligence has been fixed on the part of the
deceased at 25%, the total compensation payable to the respondents 1 to 5 /
claimants 1 to 5 after deduction of 25% towards contributory negligence on
the part of the deceased, the compensation is reduced to Rs.18,43,200/-
instead of Rs.24,57,600/- erroneously fixed by the Tribunal.
5. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is reduced to Rs.18,43,200/- instead of
Rs.24,57,600/- erroneously fixed by the Tribunal. The details of the
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C.M.A.No.1469 of 2021
compensation now awarded by this Court is detailed hereunder:
Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
1. Loss of income 22,17,600 22,17,600 Confirmed
2. Loss of consortium (R1) 40,000 40,000 Confirmed
3. Loss of love and affection (R2 1,60,000 1,60,000 Confirmed
to R5)
4. Loss of Estate 15,000 15,000 Confirmed
5. Transport charges 10,000 10,000 Confirmed
6. Funeral expenses 15,000 15,000 Confirmed
Total (Rounded) 24,57,600 24,57,600
Less: 25% Contributory Reduced by
--- 18,43,200
Negligence Rs.6,14,400/-
6. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.24,57,600/- is hereby
reduced to Rs.18,43,200/- together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit. The appellant /
insurance company is directed to deposit the award amount now determined
by this Court along with interest and costs, less the amount already
deposited, if any, within a period of four weeks from the date of receipt of a
copy of this judgment to the credit of M.C.O.P.No.97 of 2019, on the file of
the Motor Accidents Claims Tribunal, III Additional District and Sessions
Court, Virdhachalam. On such deposit of the compensation amount, the
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C.M.A.No.1469 of 2021
claimants are permitted to withdraw their respective award amount as
directed by the Tribunal along with interest and costs, less the amount, if
any, already withdrawn by making necessary applications before the
Tribunal. So far as the amount awarded to the minor claimants are
concerned, the amount should be deposited in a fixed deposit in a
nationalised bank as directed by the Tribunal and the accrued interest shall
be withdrawn as directed by the Tribunal. The claimants are entitled to
refund of Court fee, in any, on the reduced amount of compensation now
determined by this Court. Consequently, the connected miscellaneous
petition is closed. No costs.
28.10.2021
Index : Yes / No
kk
To
1. The Motor Accidents Claims Tribunal,
III Additional District and Sessions Court,
Virdhachalam.
2. The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1469 of 2021
ABDUL QUDDHOSE, J.
kk
C.M.A.No.1469 of 2021
and C.M.P.No.7689 of 2021
28.10.2021
https://www.mhc.tn.gov.in/judis
