Madras High Court
National Insurance Company ... vs Vijayalakshmi on 26 April, 2022
C.M.A(MD)No.13 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A(MD)No.13 of 2022
and
C.M.P(MD)No.103 of 2022
National Insurance Company Limited,
Divisional Office,
1st Floor, KRT Building,
Promenade Road,
Cantonment,
Trichy-1. ... Appellant/2nd Respondent
-vs-
1.Vijayalakshmi
2.Harishankar
3.Jayalakhsmi ... Respondents 1 to 3/
Petitioners 1 to 3
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, to set aside
the judgment and decree dated 10.06.2020 made in M.C.O.P.No.1193 of 2014, on
the file of the Motor Accident Claims Tribunal, Special District Judge, to deal
with MCOP Cases, Trichirappalli.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.13 of 2022
For Appellant : Mr.A.S.Mathialagan
For Respondents : Mr.R.Sudhagar Nagaraj
JUDGMENT
R.SUBRAMANIAN, J.
AND
N.SATHISH KUMAR, J.
With the consent of parties, the Civil Miscellaneous Appeal itself is
taken up for final disposal.
2. Mr.N.Sudhagar Nagaraj, learned counsel, is on caveat.
3. The Insurance Company challenges the award of the Tribunal
granting compensation of Rs.29,85,664/- (Rupees Twenty nine lakhs eighty five
thousand six hundred and sixty four only) for the death of one Srinivasan, who
died in a road accident that occurred on 17.05.2014 claiming that the deceased
had died due to the rash and negligent driving of the lorry bearing Registration
No.TN-27-U-4675 owned by the fourth respondent and insured with the appellant
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.13 of 2022
Insurance Company. The claimants sought for compensation of Rs.30,00,000/-
(Rupees Thirty Lakhs only).
4. It is not disputed that the deceased was working as Special Sub
Inspector of Police and earning a salary of Rs.37,000/- (Rupees Thirty Seven
Thousand only). The Tribunal added 15% towards future prospects, deducted
1/3rd towards personal expenses of the deceased, applied multiplier of '9' and
awarded a sum of Rs.27,29,664/- (Rupees Twenty Seven Lakhs Twenty Nine
Thousand Six Hundred and Sixty Four only) towards loss of dependency. The
Tribunal has also awarded a sum of Rs.40,000/- (Rupees Forty Thousand only)
each towards loss of consortium for the petitioners 1 to 3, Rs.1,00,000/- ( Rupees
One Lakh only) towards loss of love and affection, Rs.15,000/- (Rupees Fifteen
Thousand only) towards loss of estate, Rs.15,000/- (Rupees Fifteen Thousand
only) towards funeral expenses and Rs.6,000/- (Rupees Six Thousand only)
towards transportation. Altogether, the Tribunal awarded the total compensation
of Rs.29,85,664/- (Rupees Twenty Nine Lakhs Eighty Five Thousand Six
Hundred and Sixty Four only).
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.13 of 2022
5. Mr.A.S.Mathialagan, learned counsel appearing for the appellant
would submit that the Tribunal ought to have adopted split multiplier in view of
the age of the deceased and the fact that he was serving in the Police Department.
He would also fault the Tribunal in awarding Rs.1,00,000/- (Rupees One Lakh
only) towards love and affection after awarding Rs.40,000/- (Rupees Forty
Thousand only) to each of the claimants for loss of consortium. He would further
contend that the Tribunal should have authorised the deduction of TDS.
6. Contending contra, Mr.N.Sudhagar Nagaraj, learned counsel
appearing for the respondents would submit that split multiplier theory cannot be
adopted in view of the judgment of the Hon'ble Supreme Court in R.Valli Vs.
Tamilnadu Transport Corporation reported in 2022(1) TNMAC 289. He would,
however, fairly concede that a sum of Rs.1,00,000/- (Rupees One Lakh only)
awarded by the Tribunal under the head of love and affection is not sustainable in
view of the judgment of the Hon'ble Supreme Court in National Insurance Co.,
Ltd., v. Pranay Sethi reported in (2017) 16 SCC 680.
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C.M.A(MD)No.13 of 2022
7. As regards TDS is concerned, the issue is pending before the
Larger Bench. It is not for the Insurance Company to claim hat TDS should be
deducted. We sustain the conclusion of the Tribunal.
8. In view of the above, the Civil Miscellaneous Appeal is partly
allowed. Rs.1,00,000/- (Rupees One Lakh only) awarded under the head of loss
love and affection will stand disallowed. No costs. Consequently, connected
miscellaneous petition is closed. The Compensation is reduced to Rs.28,85,664/-
(Rupees Twenty Eight Lakhs Eighty Five Thousand Six Hundred and Sixty Four
only) . The compensation is apportioned as follows:-
"The first respondent/wife of the deceased would be entitled to
Rs.14,35,664/- (Rupees Fourteen Lakhs Thirty Five Thousand Six Hundred and
Sixty four only), the second respondent/son of the deceased would be entitled to
Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand only) and the third
respondent/mother of the deceased would be entitled to Rs.5,00,000/- (Rupees
Five Lakhs only) with accrued interest and the entire costs shall go to the first
respondent/wife of the deceased."
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.13 of 2022
9. The appellant/Insurance Company is directed to deposit the
compensation as fixed by us with accrued interest and costs within a period of
eight weeks from today. On such deposit, the claimants would be entitled to
withdraw their respective share amounts.
Index : No [R.S.M.,J.] [N.S.K.,J.]
Internet : Yes 26.04.2022
am
To:
The Motor Accident Claims Tribunal,
Special District Judge to deal with MCOP Cases,
Trichirappalli.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.13 of 2022
R.SUBRAMANIAN, J.
and
N.SATHISH KUMAR, J.
am
ORDER MADE IN
C.M.A(MD)No.13 of 2022
26.04.2022
https://www.mhc.tn.gov.in/judis
