The Branch Manager vs Sankarapandian : Ist
2022 Latest Caselaw 8281 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 20.04.2022

                                                       CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                            C.M.A(MD)No.653 of 2019
                                                      and
                                            C.M.P(MD)No.8003 of 2019

                     The Branch Manager,
                     The Oriental Insurance Company Limited,
                     DDJ Centre, First Floor,
                     Opposite to Vadaseri Bus Stand,
                     Nagercoil,
                     Kanyakumari District.        :Appellant/Second respondent


                                                .vs.


                     1.Sankarapandian                  : Ist Respondent/Ist Petitioner

                     2.Izakkiammal                     :2nd Respondent/2nd Petitioner

                     3.Karuppasamy                     :3rd Respondent/3rd Petitioner

                     4.Mariappan                       :4th Respondent/4th Petitioner

                     5.Muthukumar                      :5th Respondent/5th Petitioner

                     6.Karpagavadigu                   :6th Respondent/Ist Respondent


                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act,1988 against the decree and judgment made in
                     M.C.O.P.No.34 of 2014, dated 9.7.2018, on the file of Subordinate
                     Judge, Kovilpatti, Thoothukudi District.


                     1/6
https://www.mhc.tn.gov.in/judis
                                       For Appellant           :Mr.A.Ilango

                                       For Respondents         :Mr.B.Senthil Kumar
                                             1 to 5

                                       For Respondent-6         :Mr.S.Pon Senthilkumaran

                                                    JUDGMENT

*********

This Civil Miscellaneous Appeal is directed against the decree

and judgment made in M.C.O.P.No.34 of 2014, dated 9.7.2018, on

the file of Subordinate Judge, Kovilpatti, Thoothukudi District.

2.The Insurance Company is the appellant herein challenging

the award passed in M.C.O.P.No.34 of 2014, on the point of

quantum of compensation only.

3.The factum of the accident, manner of the accident and

rash and negligence on the part of the offending vehicle are not

disputed and hence, the findings of the Tribunal with regard to the

same are confirmed.

4.Heard the learned counsel appearing on either side and

perused the materials placed before this Court.

https://www.mhc.tn.gov.in/judis

5.The deceased is a bachelor, aged 25 years at the time of

accident and taking note of the nature of the employment, the

Tribunal has rightly come to the conclusion and fixed the notional

income at Rs.9,000/-p.m., however, the future prospects was

wrongly calculated. For the age group of 25 years, working in an

non-Governmental organization, it should be 40% and since he is a

bachelor 1/2(50%) deduction has to be made. Accordingly, the

pecuniary loss sustained by the parents and brothers is assessed at

Rs.9,000/- Rs.3,600(40%) - Rs.4,500(50%) =Rs.8100/-.The proper

multiplier for the age group of 25 as per Sarla Verma's case is

'18'. Therefore the peucninary loss is assessed at Rs.8,100/- x 12 x

18 =Rs.17,49,600/-. Further, this Court awards loss of parental

consortium at Rs.40,000/- each for the claimants 1 and 2(parents)

totalling to Rs.80,000/-, loss of consortium for the brothers and

sisters at Rs.40,000/- x 3 = Rs.1,20,000/-, funeral expenses at Rs.

15,000/-, loss of estate at Rs.15,000/- and finally the total

compensation payable to the claimants is Rs.19,79,600/- with

interest at the rate of 7.5% p.a.

6.The Civil Miscellaneous Appeal is party allowed to the

extent, as indicated above, by reducing the compensation from Rs.

https://www.mhc.tn.gov.in/judis 20,44,000/- to Rs.19,79,600/-with interest at the rate of 7.5% p.a.,

from the date of claim petition till the date of realisation. It is

represented by the learned counsel for the appellant Insurance

Company that a sum of 15 lakhs has already been deposited to the

credit of the claim petition. The appellant Insurance Company is

directed to deposit the balance award amount as per the modified

award amount as awarded by this Court, with proportionate interest

and costs, within a period of eight weeks from the date of receipt of

a copy of this order. On such deposit being made, the claimants are

permitted to withdraw their share in the award amount with

proportionate interest and costs, as per the terms and ratio of

apportionment made by the Tribunal, by filing necessary application

before the Tribunal. The Tribunal is directed to refund excess court

fee, if any, to the appellant/Insurance Company, if so eligible. No

costs. Consequently, connected Miscellaneous Petition is closed.

20.04.2022

Index:Yes/No

Internet:Yes/No

vsn

https://www.mhc.tn.gov.in/judis To

1.The Motor Accidents Claims Tribunal, Subordinate Judge, Kovilpatti, Thoothukudi District.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis RMT.TEEKAA RAMAN.,J.

vsn

JUDGMENT MADE IN C.M.A(MD)No.653 of 2019 and C.M.P(MD)No.8003 of 2019

20.04.2022

https://www.mhc.tn.gov.in/judis