Madras High Court
M/S.Reliance General Insurance ... vs Vijayalakshmi on 29 October, 2021
C.M.A.No.591 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.591 of 2021 &
CMP.No.3622 of 2021
M/s.Reliance General Insurance Company Limited,
2nd Floor, Shri Abirami Towers,
No.43-B, Cowly Brown Road,
R.S.Puram, Coimbatore – 641 002. ... Appellant
Vs.
1.Vijayalakshmi
2.Lakshmi Devi (Minor)
3.Vijayaraghavan (Minor)
4.Balan (Minor)
(Respondents 2 to 4 minor respondents by mother & NF 1st Respondent)
5.Sala @ Salammal
6.Govindan
7.P.Periyasamy ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the judgment and decree made in
MCOP.No.861 of 2017 dated 18.06.2020 on the file of the Motor Accident
Claims Tribunal, Special District Court, Dharmapuri.
For Appellants : Mr.E.Rajadurai
for Mr.M.B.Gopalan Associates
For Respondents 1 to 6 : Mr.S.Sathia Seelan
For Respondent 7 : No appearance
1/6
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C.M.A.No.591 of 2021
JUDGMENT
This appeal has been filed by the Insurance Company challenging the
impugned award dated 18.06.2020 passed by the Motor Accident Claims
Tribunal (Special District Court, Dharmapuri) in MCOP.No.861 of 2017.
2. The Appellant Insurance Company has challenged the impugned
award questioning the quantum of compensation awarded by the Tribunal,
but they have not disputed the liability to pay compensation by them to the
claimants/respondents 1 to 6.
3. The Tribunal under the impugned award directed the Appellant
Insurance Company to pay the claimants a compensation of Rs.19,71,000/-
together with interest and costs as detailed hereunder:
Heads Award Amount
(Rs.)
Compensation for pecuniary loss 17,01,000/-
Loss of consortium for claimants 2,40,000/-
Loss of estate 15,000/-
Funeral expenses 15,000/-
Total 19,71,000/-
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C.M.A.No.591 of 2021
4. The deceased was aged 40 years at the time of the accident which
happened on 19.03.2017. In the claim petition, the respondents 1 to 6 /
claimants who are the dependants of the deceased have pleaded that the
deceased was an agriculturist and a mason and earning Rs.20,000/- per
month at the time of the accident. However, the Tribunal has fixed the
notional monthly income of the deceased at Rs.9,000/- which cannot be
considered to be excessive as alleged by the Appellant Insurance Company.
Therefore, this Court confirms the same. The Tribunal has rightly awarded
compensation at 40% towards loss of future prospects and rightly adopted
15 multiplier as the deceased was aged 40 years at the time of the accident
and also rightly deducted 1/4th towards the personal expenses of the
deceased as the dependants are six in number. This Court does not find any
infirmity in the said findings.
5. The Tribunal has awarded a sum of Rs.40,000/- towards loss of
consortium to the first respondent/wife of the deceased and also awarded
another sum of Rs.2,00,000/- towards loss of love and affection to the
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C.M.A.No.591 of 2021
respondents 2 to 6 who are the children and parents of the deceased which is
also confirmed by this Court as it is in accordance with law.
6. The Tribunal has awarded a compensation of Rs.15,000/- towards
loss of estate and Rs.15,000/- towards funeral expenses which is also in
accordance with law and therefore, the same is confirmed by this Court.
7. For the foregoing reasons, this Court does not find any merit in this
appeal. Accordingly, this civil miscellaneous appeal is dismissed. The
Appellant Insurance Company is directed to deposit the amount awarded by
the Tribunal, after deducting the amount already deposited if any, together
with interest from the date of claim till the date of deposit and costs, to the
credit of MCOP.No.861 of 2017 within a period of four weeks from the date
of receipt of a copy of this Judgment. On such deposit being made, the
Tribunal shall transfer the respective share of award amount together with
accrued interest lying to the credit of MCOP.No.861 of 2017 to the bank
account of the respondents 1, 5 & 6/claimants as per the ratio apportioned
by the Tribunal through RTGS within a period of one week thereafter. Since
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C.M.A.No.591 of 2021
the respondents 2 to 4 are minors, their respective share of award amount
together with accrued interest lying to the credit of MCOP.No.861 of 2017
shall be deposited in any one of the Nationalised Banks till they attain the
age of majority and the first respondent/mother of the minors is permitted to
withdraw the interest alone once in six months for the welfare of the minors.
If the minors attain the age of majority, it is open for them to file a formal
petition to declare them as majors. No costs. Consequently, connected
miscellaneous petition is closed.
29.10.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
To
1. The Special District Court, Dharmapuri.
2.The Section Officer, V.R.Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.591 of 2021
ABDUL QUDDHOSE, J.
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C.M.A.No.591 of 2021
29.10.2021
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