Madras High Court
National Insurance Co. Ltd vs Santhamani on 24 February, 2022
CMA.No.3181 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CMA.No.3181 of 2017
and
CMP. No.19536 of 2017
National Insurance Co. Ltd.,
No.10, Flat No.101 – 106,
NIBMC House, Connaught Place,
New Delhi.
...Appellant
Vs.
1.Santhamani
2.Amsaveni
3.Venkatachalam
4.Saravanan
5.Rathinamani
..Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award and decree dated 10.06.2015 made in
MCOP No.358 of 2012 on the file of the Motor Accidents Claims Tribunal /
Additional Sub Court, Tiruppur.
For Appellant : Mr.S.Arunkumar
For R1 to R3 : Mr.M.Lokesh
For MA.P.Thangavel
1/6
https://www.mhc.tn.gov.in/judis
CMA.No.3181 of 2017
JUDGMENT
The Insurance Company / 3rd respondent in MCOP No.358 of 2012 on
the file of the Motor Accidents Claims Tribunal / Additional Sub Court,
Tiruppur is the appellant herein.
2.The said MCOP No.358 of 2012 had been preferred by the two
daughters and one son of deceased Palanisamy, who died in an accident on
26.03.2012 at around 04.00 a.m, when he was driving a two wheeler and which
two wheeler was hit by a Maruti Omni van bearing Registration No.TN-42-X-
3580. He was taken to the Government Hospital, Palladam and also to PSG
Hospital, Coimbatore. He died in the hospital on the same day. The deceased was
aged 60 years and was an agricultural coolie. It is claimed that he earned a
monthly income of Rs.10,000/-.
3.The Tribunal on consideration of the facts and circumstances had
determined that the accident occurred due to the rash and negligent manner in
which driver of the Maruti Omni van had driven the vehicle and thereafter,
granted compensation and determined the monthly income at Rs.6,000/-. Taking
into consideration that he would have earned as an agricultural coolie a sum of
Rs.200/- per day. Thereafter, an increase of 15% towards future loss of income
https://www.mhc.tn.gov.in/judis
CMA.No.3181 of 2017
was granted and 1/3rd amount was deducted towards personal use for expenses
and finally a sum of Rs.4,500/- was arrived at. By considering the age of the
deceased, the Tribunal had adopted the multiplier of 7 and determined the loss of
dependency towards income at Rs.3,78,000/- (Rs.4,500 x 12 x 7 = Rs.3,78,000).
4.The learned counsel for the appellant advanced arguments raising
grievance with respect to the addition of 15% towards the future income. Taking
into consideration the monthly income actually determined at Rs.4,500/-, let me
not disturb that particular finding.
5.However, the Tribunal appears to have strayed away by granting a
sum of Rs.1,00,000/- per claimant towards loss of love and affection and granted
a total sum of Rs.3,00,000/- under that particular head. A perusal of the records
reveals that the 1st claimant was aged 39 years and was married. The 2 nd claimant
was aged 33 years and was also married and the third claimant / son was aged 31
years. Fixing a sum of Rs.1,00,000/- each towards loss of love and affection at
that advanced age, would not be proper particularly because their interests on
their own families would far surpass their loss of their father, I would revise the
same to a sum of Rs.15,000/- per person and grant a total sum of Rs.45,000/-.
https://www.mhc.tn.gov.in/judis
CMA.No.3181 of 2017
6.There was yet another compensation granted under the caption of
funeral expenses of Rs.25,000/- which I would not interfere with.
7.The total reduced compensation therefore, now granted is
Rs.4,48,000/- (Rs.3,78,000 + Rs.45,000 + Rs.25,000 = Rs.4,48,000/-). The
Tribunal directed the Insurance Company to deposit the award amount and then
to recover it from the 5th respondent herein, which finding I would not interfere
with. It is informed that 50% of the award amount had been deposited. The
appellant / Insurance Company is directed to deposit the reduced compensation,
along with interest of 7.5 % from the date of filing of the petition till the date of
deposit within a period of eight weeks from the date of receipt of a copy of this
order and less the amount already deposited. On such deposit, the appellants are
permitted to withdraw the same. The reduced compensation amount shall be
apportioned amongst the claimants in the same ratio as ordered by the Tribunal.
The Civil Miscellaneous Appeal is partly allowed. No order as to costs.
Consequently, the connected Civil Miscellaneous Petition is closed.
24.02.2022
smv
Index:Yes/No
Internet:Yes/No
Speaking / Non-speaking order
https://www.mhc.tn.gov.in/judis
CMA.No.3181 of 2017
To:-
1.The Motor Accident Claims Tribunal / Additional Sub Court, Tirupur.
https://www.mhc.tn.gov.in/judis
CMA.No.3181 of 2017
C.V.KARTHIKEYAN, J.
smv
CMA.No.3181 of 2017
and
CMP. No.19536 of 2017
24.02.2022
https://www.mhc.tn.gov.in/judis
