Madras High Court
United India Insurance Company ... vs Selvaraj on 30 September, 2021
C.M.A.No.3175 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.3175 of 2014
and M.P.No.1 of 2014
United India Insurance Company Limited,
Divisional Office,
P.P.K.Building, Main Road,
Marthandam, Kanniyakumari District. .. Appellant
Vs.
1. Selvaraj
2. S.Senthilkumar
3. E.Kanakaraj
4. New India Assurance Company Ltd.,
Coimbatore. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1989 seeking to set aside the award and decree dated
30.08.2013 made in M.C.O.P.No.100 of 2005 on the file of Motor Accident
Claims Tribunal, Subordinate Court, Pollachi.
For Appellant : Mr.D.Bhaskaran
For Respondent 1 : Mr.Sairam
for Mr.L.Mouli
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C.M.A.No.3175 of 2014
JUDGMENT
(The case has been heard through video conference)
This appeal has been filed by the Insurance Company challenging the
award dated 30.08.2013, passed by the Motor Accidents Claims Tribunal,
Subordinate Court, Pollachi in M.C.O.P.No.100 of 2005.
2. The appellant insurance company has challenged the impugned
award questioning its liability to pay the compensation awarded by the
Tribunal.
3. Heard Mr.D.Bhaskaran, learned counsel appearing for the appellant
insurance company and Mr.Sairam, learned counsel appearing for the first
respondent/claimant.
4. The Tribunal under the impugned award directed the appellant
insurance company to pay the first respondent/claimant compensation of
Rs.5,70,000/- as detailed hereunder:
Sl. Heads Amount in Rs.
No.
1. Loss of dependency 5,40,000
2. Loss of love and affection 10,000
3. Funeral expenses 10,000
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3175 of 2014
Sl. Heads Amount in Rs.
No.
4. Transport expenses 10,000
Total 5,70,000
5. The appellant insurance company has challenged the impugned
award on the ground that the Tribunal has erroneously fixed the income of
the deceased at Rs.4,500/- p.m. despite the fact that the deceased boy was
aged only 15 years. Even though the grounds raised by the appellant
insurance company may require consideration but considering the fact that
the overall compensation awarded by the Tribunal is only Rs.5,70,000/- to
the first respondent / claimant, the same cannot be considered to be
excessive. This Court is not going into the question as to whether the
assessment of monthly income of the deceased aged 15 years at Rs.4,500/-
p.m. is correct or not.
6. For the foregoing reasons, there is no merit in the 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.100 of
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3175 of 2014
2005, on the file of the Motor Accident Claims Tribunal, Subordinate Court,
Pollachi. On such deposit of the compensation amount, the first
respondent/claimant is 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.
30.09.2021
Index : Yes / No
kk
To
1. The Subordinate Judge,
Motor Accident Claims Tribunal,
Pollachi.
2. The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3175 of 2014
ABDUL QUDDHOSE, J.
kk
C.M.A.No.3175 of 2014
and M.P.No.1 of 2014
30.09.2021
https://www.mhc.tn.gov.in/judis/
