Madras High Court
United India Insurance Co. Ltd vs M.Sundari on 24 September, 2021
C.M.A.No.1936 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.1936 of 2020
and
C.M.P.No.14305 of 2020
United India Insurance Co. Ltd.,
W-122, III Avenue, Anna Nagar,
Chennai – 40 (Branch Code 011 200) ... Appellant
Vs.
1.M.Sundari
2.Seetha Mohan
3.Sala Mohan
4.M.Vignesh
5.M/s Bavani Transport,
Rep. by its Partner,
No.240, Vellore Road, Katpadi Taluk,
Vellore District – 632 008.
6.S.Karthikeyan
... Respondents
1/9
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1936 of 2020
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the award and decree dated 03.12.2019 made in MCOP
No.2902 of 2013 on the file of the Motor Accidents Claims Tribunal, II Court of
Small Causes, Chennai.
For Appellant : Mr.S.Arun Kumar
For Respondents : Mr.K.S.V.Prasad (for R1 to R4)
No appearance for R5 and R6
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, II Court of Small Causes, Chennai in MCOP No.2902 of 2013 dated
03.12.2019.
2.This is the case of the fatal accident. The case of the claimants is that on
30.06.2012 at 23.15 hours, the deceased Mohan was riding a motorcycle bearing
Reg.No.TN-01-AM-7278 from Ambattur Estate Wavin Road from east to west,
near Tata Motors showroom. At that time, a Tipper Lorry bearing Reg.No.TN-23-
BB-3976 driven by its driver in a rash and negligent manner, dashed against the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1936 of 2020
deceased vehicle. In the impact, the deceased was thrown out from his
motorcycle on the road and the wheels of the Tipper lorry crushed his skull, his
body and sustained fatal injuries and died on the spot. The first claimant is the
wife of the deceased and the claimants 2 to 4 are their daughters and son.
Alleging that the accident had taken place due to the rash and negligent driving of
the Tipper Lorry, the claimants laid a petition, claiming compensation of
Rs.42,57,113/-.
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 claim is
excessive.
4.To substantiate the case, on the side of the claimants, P.Ws.1 to 4 were
examined and Exs.P.1 to Ex.P.27 were marked. On the side of the
appellant/Insurance Company, R.W.1 was examined and Exs.R.1 to R3 were
marked.
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C.M.A.No.1936 of 2020
5.The Tribunal, after considering the oral and documentary evidence held
that the driver of the Tipper lorry was responsible for the accident and awarded
compensation of Rs.41,67,375/- to the claimants under the following heads:-
Heads Rs.
Loss of Dependency 36,12,375/-
Loss of Consortium 40,000/-
Loss of Love and Affection 2,00,000/-
Parental consortium 3,00,000/-
Funeral Expenses 15,000/-
Total 41,67,375/-
Rounded off 41,67,400/-
6.Assailing the award, the appellant Insurance Company has filed the
present appeal. These appeals have 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
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C.M.A.No.1936 of 2020
of Rs.30,875/- and it requires reduction. He would further contend that the
Tribunal erred in awarding Rs.2,00,000/- towards love and affection and
Rs.3,00,000/- towards parental consortium, which is contrary to the Judgment
rendered in National Insurance Company Ltd., vs. Pranay Sethi and others
reported in 2017(2) TNMAC 609 (SC), hence, the amount awarded under the
above said heads are to be set aside.
8.Per contra, the learned counsel appearing for the respondents/claimants
that the impugned Judgment and Decree awarding the aforesaid compensation is
well reasoned and it requires no interference and therefore, this Civil
Miscellaneous Appeal is liable to be dismissed.
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.
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C.M.A.No.1936 of 2020
10.Though the learned counsel appearing for the appellant has contended
that the amount awarded under the head of loss of dependency is on the higher
side, on perusal of the records, we find that the Tribunal, on proper appreciation
of evidence of P.W.1, the first claimant and Ex.P.6 and Ex.P.26 Salary Certificates,
has fixed the monthly income and multiplier by following the decision in the case
of Sarala Verma and others vs. Delhi Transport Corporation and another
reported in 2009 TN MAC 1 and National Insurance Company Ltd., vs.
Pranay Sethi and others (cited supra). Therefore, we are of the view that the
amount awarded under the head of loss of dependency is reasonable and hence, it
is confirmed. Since the children are majors, the amount awarded under the head
of loss of love and affection and parental consortium are set aside. As per the
decision of the Hon'ble Apex Court in the case of Magma General Insurance
Co. Ltd., vs. Nanu Ram and others reported in 2018(1) TN MAC 452 (SC), the
claimants are entitled to Rs.40,000/- each towards consortium, which comes to
Rs.1,60,000/-. Rs.15,000/- is awarded for loss of estate. Rs.15,000/- awarded for
funeral expenses is unaltered. Hence, the compensation awarded by the Tribunal
to the appellants is re-quantified as follows:-
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C.M.A.No.1936 of 2020
Heads Rs.
Loss of dependency 36,12,375/-
Loss of consortium 40000 x 4 1,60,000/-
Funeral expenses 15,000/-
Loss of Estate 15,000/-
Total 38,02,375/-
Rounded Off 38,02,400/-
11.In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The appellant Insurance Company is directed to deposit the 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 are permitted to withdraw the award
amount, equally, less the amount already withdrawn, if any, together with
proportionate interest and costs. No costs. Consequently, connected
miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
24.09.2021
Intex : Yes/No
Internet : Yes/No
skn
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1936 of 2020
To
1.The Motor Accidents Claims Tribunal,
II Court of Small Causes, Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1936 of 2020
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.1936 of 2020
and
C.M.P.No.14305 of 2020
24.09.2021
https://www.mhc.tn.gov.in/judis/
