Madras High Court
The Branch Manager vs Jeyarani : Ist on 20 April, 2022
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.592 of 2019
and
C.M.P(MD)No.7177 of 2019
The Branch Manager,
National Insurance Company Limited,
First Floor,
Jerom Buildings, 4th Station Road,
Trichy District. :Appellant/Second respondent
.vs.
1.Jeyarani : Ist Respondent/Ist Petitioner
2.Velvizhi :2nd Respondent/2nd Petitioner
3.Minor Chithu :3rd Respondent/3rd Petitioner
Durai Vanniyar :4th Respondent/4th Petitioner
(since died)
4.K.S.Ravichandran :5th Respondent/Ist Respondent
5.The Branch Manager,
United India Insurance Company Limited,
12, Madathu Street, First Floor,
Kumbakonam,
Thanjavur District. :6th Respondent/3rd Respondent
(Minor third respondent is represented by his natural guardian and
mother, the first respondent herein)
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
1/8
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Motor Vehicles Act against the decree and judgment made in
M.C.O.P.No.192 of 2015, dated 2.2.2019, on the file of Chief
Judicial Magistrate Court, Thanjavur at Kumbakonam.
For Appellant :Mr.A.Ilango
For Respondents :Mr.A.N.Ramanathan
1 to 3
For Respondent-4 :No appearance
For Respondent-5 :Mr.C.Jawahar Ravindran
JUDGMENT
*********
This Civil Miscellaneous Appeal is directed against the decree
and judgment made in M.C.O.P.No.192 of 2015, dated 2.2.2019, on
the file of Chief Judicial Magistrate Court, Thanjavur at
Kumbakonam.
2.The Insurance Company is the appellant herein challenging
the award passed in M.C.O.P.No.192 of 2015, on the ground that
the deceased has not died due to the accidental injuries and also
challenging the quantum of compensation.
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.
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4.Based upon the documents Ex.P1 and Ex.P2 First
Information Report and Motor Vehicle Inspector's Report and two
Wound Certificates issued by the Government Hospital,
Kumbakonam under ExP3 and by Thanjavur Medical College Hospital
under Ex.P4, the Tribunal has rightly come to the conclusion that
the deceased has suffered serious injuries in the accident. Based
upon Ex.P7, the learned counsel for the appellant/Insurance
Company would contend that the deceased was suffering from
cancer at the time of the accident and hence the cause for the
death is not due to the accidental injuries but due to the cancer
which is pre-existing with the injured. In this regard, Dr.Moideen
Abdul Khader was examined as P.W.2 and Dr.Thirumalai Pandian
was examined as P.W.3 and Dr.Bharathi was examined as P.W.4.
5.Both P.W.3 and P.W.4 has categorically stated about the
admission of the injured after the accident initially at Kumbakonam
Government Hosptial and subsequently at Thanjavur Medical
College Hospital and based upon discharge summary both P.W.3
and P.W.4 medical evidence are to the effect that there is no
symptom of cancer existed at the time of accident. Further, the
injured also taken treatment in a private hospital on 13.8.2013,
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16.8.2013 and 18.8.2013, wherein, they have taken some
treatment for cancer. During the cross-examination of P.W.1, she
has stated that they have made scan test in the private scan centre
and Ex.P8 medical bill is admitted but in the cross-examination
she admitted that her husband is not suffering from cancer.
However, the Insurance company has raised a point that the cause
for the death is cancer and not due to the accidental injuries. Based
upon the medical evidence of P.W.3 and P.W.4 coupled with
discharge summary Ex.P7, the Tribunal has come to the conclusion
that the cause for the death is the injuries sustained in the
accident. It is the specific evidence of P.W.3 Doctor that the injuries
sustained in the accident is sufficient enough to cause the death. As
per the evidence of P.W.3 Dr.Thirumalaipandian, both Tibula and
Tibia bones has been fractured. He denied the suggestion that the
injured could have died due to cancer. Ex.P4 is to the effect that
the treatment has been given admittedly at Thanjavur Medical
College Hospital by P.W.4 and the medical records marked as Ex.X1,
wherein,it is mentioned that the injured is not suffering from any
other disease and hence, the medical evidence of P.W.3 and P.W.4
Doctors and the documentary evidene as stated supra, the Tribunal
has rightly come to the conclusion that the deceased died due to
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the accidental injuries only. In the absence of any contra evidence
much less any evidence to probabalise the plea of the
appellant/Insurance Company, I do not find any reason to interfere
with the findings rendered by the Tribuanal as to the cause of the
death. Accordingly, the above contention of the appellant/Insurance
Company stands negatived.
6.On the point of quantum of compensation, I find that there
is an error in calculation in respect of 1/4 th deduction towards
personal expenses of the deceased, however, the Tribunal has
neither made the calculation as per the Pranay Sethy's case nor
as per Sarla Verma's case and no future prospects was added
and there was no deduction for personal expenses of the deceased.
After making a rough calculation, I find that even after giving 10%
increase for the future prospects and making 1/4th deduction, the
award amount arrived at by this Court and the award of the Tribunal
is in close margin.
7.Hence, in the interest of justice, since the difference
between the calculation made by this Court and the award of the
Tribual is very narrow in margin, the Civil Miscellaneous Appeal
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stands dismissed, by confirming the award of the Tribunal. It is
represented by the learned counsel for the appellant/Insurance
Company that the entire award amount has been deposited to the
credit of the claim petition. Therefore, the major claimants 1 and 2
are permitted to withdraw their share in the award amount with
proportionate accrued 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 deposit
the share in the award amount together with accrued interest and
costs in respect of the minor third claimant, in an interest bearing
fixed deposit, in any one of the nationalised Bank, initially for a
period of three years and renewable thereafter, till the minor attains
majority. The first respondent, mother and guardian of the minor
third claimant is permitted to withdraw the interest from the fixed
deposit, once in three months, directly from the Bank and utilize the
same for the welfare of the child. No costs. Consequently, connected
Miscellaneous Petition is dismissed.
20.04.2022
https://www.mhc.tn.gov.in/judis
Index:Yes/No
Internet:Yes/No
vsn
To
1.The Chief Judicial Magistrate,
Thanjavur at Kumbakonam.
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.592 of 2019
and
C.M.P(MD)No.7177 of 2019
20.04.2022
https://www.mhc.tn.gov.in/judis
