Madras High Court
The Oriental Insurance Co. Ltd vs Shanthi on 28 April, 2022
C.M.A.No.1083 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.1083 of 2022
and
C.M.P.No.7925 of 2022
The Oriental Insurance Co. Ltd.,
No.115/2016, Prakasam Road,
Chennai – 600 108. ... Appellant
Vs.
1.Shanthi
2.Geetharani
3.Nagarathinam
4.Hariram
5.The Commissioner,
Corporation of Chennai,
Rippon Builing,
Chennai – 600 003.
... Respondents
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.1083 of 2022
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Decree and Judgment passed in MCOP
No.7164 of 2017 on 29.10.2021 on the file of the Motor Accident Claims
Tribunal (In the III Court of Small Causes), Chennai.
For Appellant : Mr.J.Chandran
For Respondents : Mr.K.Varadha Kamaraj for R1 to R4
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
Heard Mr.J.Chandran, learned counsel appearing for the
appellant/Insurance Company and Mr.K.Varadha Kamaraj, learned counsel
appearing for the respondents 1 to 4/claimants.
2.This appeal is directed against the order of the Motor Accident Claims
Tribunal (In the III Court of Small Causes), Chennai in MCOP No.7164 of 2017
dated 29.10.2021.
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C.M.A.No.1083 of 2022
3.This is the case of fatal accident. The claimants are the legal heirs of the
deceased Nithyakalyanan. According to the claimants, the deceased was riding his
motorcycle bearing Reg.No.TN-05-AW-7567 on 05.09.2017 at 10.15 hours from
west to east in K.H.Road, Ottery, Chennai – 600 012. At that time, a lorry bearing
Reg.No.TN-04-AQ-6280 owned by the Chennai Corporation insured with the
appellant driven by its driver in a rash and negligent manner in the same
direction, hit against him. In the accident, he sustained grievous injuries and died
on the spot. The claimants further stated that at the time of accident, the deceased
was working as 'Conductor' in the Transport Corporation and he was earning
Rs.40,000/- per month. Since the accident occurred due to the negligence of the
driver of the lorry, they are entitled to compensation of Rs.50,00,000/-.
4.The claim was resisted by the appellant/Insurance Company and the 5th
respondent/Corporation by filing a separate counter disputing the manner of the
accident, age, avocation and income of the deceased. However, the Tribunal,
after analyzing the evidence adduced by the parties, came to the conclusion that
the accident occurred due to the negligence of the driver of the lorry and awarded
total compensation of Rs.36,65,200/- along with 7.5% per annum. Questioning
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C.M.A.No.1083 of 2022
the same, the present appeal has been filed.
5.The contention of the learned counsel appearing for the
appellant/Insurance Company is that the deceased was drawing the salary of
Rs.34,000/- per month only, but the Tribunal has taken the income as Rs.37,200/-
to asses the loss of income. According to the learned counsel, the award amount
has to be reduced.
6.Per contra, the learned counsel appearing for the respondents/claimants
argued in support of the award of the Tribunal.
7.Perusal of the materials would show that at the relevant point of time, the
deceased was paid Rs.34,000/- per month. It is not in dispute that the deceased
died at the age of 56 years. 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) TN MAC 609 (SC), the claimants are entitled to 15%
addition towards future prospects and as per the decision of Sarala Verma and
others vs. Delhi Transport Corporation and another reported in 2009 TN
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C.M.A.No.1083 of 2022
MAC 1, proper multiplier would be '9'. Since the claimants are four in number,
1/4th of the income has to be deducted towards personal expenses. Hence, after
adding 15% towards future prospects and after deducting 1/4th towards personal
and living expenses and by applying multiplier '9', the loss of dependency is
assessed as Rs.31,67,100/- (34000+5100=39100x12x9x3/4). As per the decision
of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd.,
vs. Nanu Ram and others reported in 2018(1) TN MAC 452 (SC), each of the
dependents are entitled to Rs.40,000/- towards consortium and Filial consortium,
which comes to Rs.1,60,000/-. Hence, the amount of Rs.40,000/- awarded
towards consortium is enhanced to Rs.1,60,000/-. The amount of Rs.15,000/-
awarded towards funeral expenses; Rs.15,000/- towards loss of estate and
Rs.10,000/- towards Transport Expenditure are confirmed. The amount of
Rs.1,20,000/- awarded towards loss of love and affection is set aside. The rate of
interest fixed by the Tribunal as 7.5% per annum is unaltered.
8.For the foregoing reasons, the compensation awarded by the Tribunal to
the claimants is re-quantified as follows:-
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C.M.A.No.1083 of 2022
Amount Re-quantified
Heads awarded by the Amount by this Status
Tribunal Court
Loss of dependency 34,65,180/- 31,67,100/- reduced
Loss of Consortium 40,000/- 1,60,000/- enhanced
Funeral Expenses 15,000/- 15,000/- confirmed
Loss of Estate 15,000/- 15,000/- confirmed
Transport Expenditure 10,000/- 10,000/- Confirmed
Loss of love and affection 1,20,000/- Nil Set aside
Total 36,65,180/- 33,67,100/- Reduced
Rounded off 36,65,200/- 33,67,000/-
9. In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The award amount of Rs.36,65,200/- is reduced to Rs.33,67,000/-. Out
of the said amount, the first claimant/wife of the deceased is entitled to
Rs.20,00,000/-; the second claimant/daughter of the deceased is entitled to
Rs.7,00,000/-, 3rd claimant/mother of the deceased is entitled to Rs.3,67,000/- and
the fourth claimant/father of the deceased entitled to Rs.3,00,000/- together with
proportionate interest and costs.
10.The appellant/Insurance Company is directed to deposit the modified
award amount of Rs.33,67,000/- with accrued interest and costs, less the amount
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C.M.A.No.1083 of 2022
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 after filing a memo, along with a copy of this order, less the
amount if already withdrawn. There is no order as to costs. Consequently,
connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
28.04.2022
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
Chief Judge, Court of Small Causes, Chennai.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1083 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.1083 of 2022
and
C.M.P.No.7925 of 2022
https://www.mhc.tn.gov.in/judis
C.M.A.No.1083 of 2022
28.04.2022
https://www.mhc.tn.gov.in/judis
