Madras High Court
M/S Hdfc Ergo General Insurance ... vs K.Ramadass on 25 April, 2022
C.M.A.No.699 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.699 of 2022
and
C.M.P.No.5060 of 2022
M/s HDFC Ergo General Insurance Company Limited,
(Previously) M/s L & T General Insurance Company Limited,
No.601 & 602, 5th Floor,
Trade Centre, Bandra Kurla Complex,
Bandra (East), Mumbai-400 051. ... Appellant
Vs.
1.K.Ramadass
2.K.Ethiraj
3.K.Vijaya
4.Parthiban
5.K.Pushpa
6.Parvatha
7.Amutha Krishnamurthy ... Respondents
1/10
https://www.mhc.tn.gov.in/judis
C.M.A.No.699 of 2022
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree in MCOP No.631 of 2013
dated 17.12.2015 on the file of the Motor Accident Claims Tribunal, Special
District Court, Krishnagiri.
For Appellant : Mr.M.B.Raghavan
For Respondents : Mr.M.Selvam for R1 to R6
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
The Insurance Company has come up with this appeal assailing the award
of the Motor Accident Claims Tribunal, Special District Court, Krishnagiri made
in MCOP No.631 of 2013, dated 17.12.2015.
2. Facts necessary for disposal of the appeal is narrated herein under:-
On 07.01.2012 at 7.30 hours, the deceased K.Aruldoss was driving a lorry
bearing Reg.No.KA-05-C-4955 from Pondicherry to Hosur. When the said lorry
was proceeding near Dhandaekuppam in Chennai to Krishnagiri National
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C.M.A.No.699 of 2022
Highways Road, the driver of a Tarus Lorry bearing Reg.No.AP-02-X-7635
which was proceeding in front of the deceased Lorry, without giving any
indication or signal, stopped the lorry. On account of this, the lorry driven by the
deceased dashed on the back side of the Tarus Lorry. In the impact, the deceased
sustained grievous and fatal injuries to his vital organs. Immediately, he was
taken to the Government Hospital, Krishnagiri and after first aid, he was taken to
C.M.C. Hospital, Vellore for further treatment. Inspite of treatment, he died on
28.01.2012. At the time of accident, the deceased was 29 years bachelor. Though
he was having three lorries, he was working as driver and his monthly income is
Rs.1,50,000/-. The claimants 1, 2 and 4 are the brothers and the claimants 3, 5
and 6 are the sisters of the deceased. The parents of the deceased predeceased.
The accident had happened only due to the negligence of the driver of the Tarus
Lorry. The fifth respondent is the owner and the appellant is the insurer of the
offending lorry. Hence, the claimants filed the claim petition before the Tribunal
claiming compensation of Rs.50,00,000/-.
3. The appellant Insurance Company filed their counter disputing the
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C.M.A.No.699 of 2022
manner of accident, occupation and income of the deceased and its liability to pay
the compensation. It was also contended that the claim is excessive and
exorbitant.
4. To substantiate the case, on the side of the claimants, four witnesses
were examined as P.W.1 to P.W.4 and Ex.P.1 to Ex.P.22 were marked. On the side
of the appellant/Insurance Company, R.W.1 was examined and Exs.R1 and R2
were filed.
5. The Tribunal, after considering the oral and documentary evidence, held
that the driver of the Tarus Lorry bearing Reg.No.AP.02-X-7635 was responsible
for the accident and awarded compensation of Rs.27,16,300/- to the claimants.
Assailing the award, the appellant/Insurance Company has filed the present
appeal.
6.The learned counsel appearing for the appellant/Insurance Company
Mr.M.B.Gopalan would submit that the Tribunal erred in fixing the monthly
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C.M.A.No.699 of 2022
income of the deceased as Rs.16,000/- without any valid documents. He would
further submit that the Tribunal erred in deducting 1/4th towards personal
expenses since the deceased was bachelor. Hence, the learned counsel prays for
reduction of the compensation.
7.Per contra, the learned counsel appearing for the respondents/claimants
Mr.M.Selvam submitted that the impugned award awarding the aforesaid
compensation is well reasoned and it requires no interference and therefore, this
Civil Miscellaneous Appeal is liable to be dismissed.
8.We have considered the rival submission of both the learned counsels and
perused the materials available on record.
9.In this appeal, negligence fixed by the Tribunal is not challenged. The
appellant questions only quantum awarded by the Tribunal. A perusal of the
impugned award would show that to prove the income of the deceased, the
claimants have not filed any document. But the Tribunal fixed the monthly
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C.M.A.No.699 of 2022
notional income of the deceased as Rs.16,000/-, which is on the higher side.
Ex.P.15 is the driving licence of the deceased, which is proved his employment.
Hence, considering the age of the deceased, Rs.12,000/- is fixed as his monthly
notional income. As per the decision of the Hon'ble Supreme Court in the case of
National Insurance Company Ltd., vs. Pranay Sethi and others reported in
2017(2) TNMAC 609 (SC), the claimants are entitled to 40% of the income
towards future prospects. The Tribunal rightly applied the multiplier '17',
however, deducted 1/4th towards personal expenses. Since the deceased was a
bachelor, 50% of the income has to be deduced towards his personal expenses.
Accordingly, by adding 40% towards future prospects and after deducting 50%
towards his personal expenses and by applying multiplier '17', loss of income is
assessed as Rs.17,13,600/- (12000+4800(40%)=16800x12x17x1/2).
10.As per the decision of the Hon'ble Supreme Court of India 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.2,40,000/-. Rs.15,000/- is awarded
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C.M.A.No.699 of 2022
towards loss of estate. The amount of Rs.25,000/- awarded towards funeral
expenses is reduced to Rs.15,000/-. The amount awarded under the remaining
heads, viz., medical expenses, transportation, damage to cloth and articles and
loss of love and affection are set aside. The rate of interest fixed by the Tribunal
as 7.5% per annum remains unaltered.
11. Accordingly, the compensation awarded by the Tribunal to the
claimants is re-quantified as follows:-
Heads Amount Re-quantified Status
awarded by the Amount by this
Tribunal Court
Loss of income 22,03,200/- 17,13,600/- reduced
Medical expenses 3,25,100/- Nil set aside
Transportation 10,000/- Nil set aside
Damage to cloth & articles 3,000/- Nil set aside
Funeral Expenses 25,000/- 15,000/- reduced
Loss of Love & Affection 1,50,000/- Nil set aside
Loss of Consortium Nil 2,40,000/- granted
Loss of Estate Nil 15,000/- granted
Total 27,16,300/- 19,83,600/- reduced
Rounded of 19,84,000/-
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C.M.A.No.699 of 2022
12. In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The award amount of Rs.27,16,300/- is reduced to Rs.19,84,000/-. Out
of the said amount, the respondents 1 to 5/claimants 1 to 5 are entitled to
Rs.3,30,000/- each and the 6th respondent/6th claimant is entitled to Rs.3,34,000/-.
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 Judgment.
On such deposit, the claimants are permitted to withdraw their share, 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.]
25.04.2022
Intex : Yes/No
Internet : Yes/No
skn
https://www.mhc.tn.gov.in/judis
C.M.A.No.699 of 2022
To
1.The Motor Accident Claims Tribunal,
Special District Court, Krishnagiri.
2.The Section Officer
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.699 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.699 of 2022
and
C.M.P.No.5060 of 2022
25.04.2022
https://www.mhc.tn.gov.in/judis
