Madras High Court
M/S.Royal Sundaram Alliance vs Selvi on 25 February, 2022
C.M.A.No.408 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A.No.408 of 2022
and
C.M.P.No.2852 of 2022
M/s.Royal Sundaram Alliance
General Insurance Co.Ltd.,
No.8/H1, Mangalam Building,
Omalur Main Road,
4 Roads, Salem – 636 009,
Salem District. ... Appellant/2nd Respondent
Vs.
Baby (died)
1.Selvi
2.Palanisamy
3.Sidhuraji
4.Nallakkal
5.Kandasamy ... 1 to 5 Respondents/Petitioners
6.M.Gowrishangar ... 6th Respondent/1st
Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988 against the award and decree dated 07.03.2019 passed in
M.C.O.P.No.860 of 2011 on the file of Motor Accidents Claims Tribunal
(Subordinate Court), Sangagiri.
For Appellant : Mr.G.Vasudevan
For Respondents : Mr.C.Kulanthaivel
for R1 to R5
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C.M.A.No.408 of 2022
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This appeal is directed against the award dated 07.03.2019 passed by
the Motor Accident Claims Tribunal (Sub Court), Sangagiri in
M.C.O.P.No.860 of 2011.
2.The legal heirs of the deceased Sundaram @ Ayyangkutti, who died
in a road accident on 30.04.2011, have filed the claim petition in
M.C.O.P.No.860 of 2011. It is their case that the deceased was working in
an old iron shop and on the date of accident, he was travelling in a Minidor
Auto bearing Registration No.TN-29-H-1832 from Ettikuttaimedu to
Konganapuram. When the deceased was proceeding near Kachuppalli
Pirivu, a lorry bearing Registration No.TN-36-U-7809, which was coming
in the same direction, driven by its driver in a rash and negligent manner,
dashed the Minidor Auto. In the said accident, the Minidor Auto hit against
a tamarind tree, due to which, the deceased sustained injuries and
subsequently died. It is their further case that since the accident had taken
place due to the negligence of the driver of the lorry, the owner as well as the
insurer are jointly and severally liable to pay a compensation of
Rs.25,00,000/-.
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C.M.A.No.408 of 2022
3. The appellant/Insurance Company resisted the claim petition by
filing a counter statement stating that the driver of the Minidor Auto had no
driving licence and only due to his negligence, the accident had occurred. It
is further stated that the claim is exorbitant and excessive.
4. Before the Tribunal, in order to prove the case of the claimants,
P.W.1/Palanisamy, and P.W.2/Ganesan, who witnessed the said incident,
were examined and a copy of the First Information Report was marked as
Ex.P1. On the side of the Insurance Company neither any oral evidence was
adduced nor any document was marked. Since there is no contra evidence,
the Tribunal came to the conclusion that the driver of the lorry was
responsible for the accident and awarded a compensation of Rs.16,83,000/-
along with the interest at the rate of 7.5% p.a.
5. With regard to the quantum, P.W.1/Palanisamy had stated in his
evidence that the deceased died at the age of 40 years and he was earning
Rs.15,000/- per month. To substantiate this aspect, one Murugan, who is the
employer of the deceased, was examined as P.W.3. Since no documentary
evidence was produced, the Tribunal fixed the monthly income of the
deceased at Rs.7,000/- per month. Then, by adding 40% of the income
towards Future Prospects, the Tribunal arrived at actual monthly income of
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C.M.A.No.408 of 2022
the deceased as Rs.9,800/- [7,000 + 2800]. Then, the annual income of the
deceased was arrived at Rs.1,17,600/- [9,800 x 12]. Taking note of the fact
that there are six claimants, the Tribunal, by deducting 1/4 towards personal
expenses of the deceased, arrived at Rs.88,200/- [1,17,600 – 29,400] as
contribution to the family. Considering the age of the deceased at the time of
accident, multiplier ''15'' was applied and thereby, the Tribunal arrived the
Loss of Income at Rs.13,23,000/- [88,200 x 15].
6. In addition to that, the Tribunal awarded a sum of Rs.3,25,000/-
towards Loss of Love and Affection ; Rs.10,000/- towards Transportation
Charges; Rs.15,000/- towards Loss of Estate; and Rs.15,000/- towards
Funeral Expenses. In total, the Tribunal has awarded a sum of
Rs.16,88,000/- along with interest at 7.5% from the date of claim petition
till the date of deposit.
7. The learned counsel for the appellant/Insurance Company
contended that the amount of Rs.3,25,000/- awarded by the Tribunal under
the head of Loss of Love and Affection is not in consonance with the
decision of the Hon'ble Apex Court. Further award on other heads are on the
higherside and they have to be reduced.
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C.M.A.No.408 of 2022
8. Per contra, the learned counsel for the respondents would argue
that the legal heirs of the deceased are wife, minor children and parents, but,
the Tribunal has taken monthly income of the deceased only at Rs.7,000/-
and it has to be enhanced. According to him, there is no merit in the appeal.
9. We have heard the learned counsel for the appellant and the learned
counsel for the respondents 1 to 5 and also perused the materials available
on record.
10. In the instant case, the claimants have not preferred any appeal
seeking enhancement and considering the facts, the monthly income fixed
by the Tribunal is reasonable and the award of Rs.13,23,000/- towards Loss
of Income is reasonable. As rightly pointed out by the learned counsel for
the Insurance Company, the sum of Rs.3,25,000/- awarded by the Tribunal
towards Loss of Love and Affection is contrary to the judgment 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), hence the
same is set aside. Further, it is seen that the first claimant/wife of the
deceased died on 28.08.2012 pending original petition, this Court awarded
Rs.1,20,000/- towards parental consortium to the claimants 2 to 4;
Rs.80,000/- towards Filial Consortium to the claimants 5 and 6.
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C.M.A.No.408 of 2022
11. The amounts awarded by the Tribunal viz., Rs.13,23,000/-
towards Future Prospects; Rs.10,000/- towards Transportation Charges;
Rs.15,000/- towards Loss of Estate; and Rs.15,000/- Funeral expenses are
reasonable, hence, they are confirmed. In total, the claimants are entitled to
Rs.15,63,000/- along with interest at the rate of 7.5% per annum from the
date of claim petition till the date of realization. Thus, the total
compensation payable to the claimants is re-calculated and tabulated below:
S. Heads under which Amount Amount
No. the amount is awarded by the awarded by
awarded by the Tribunal in Rs. this Court in
Tribunal Rs.
1. Loss of Income 13,23,000 13,23,000
2. Loss of Love and 3,25,000 -
Affection
3. Parental Consortium - 1,20,000
4. Filial Consortium - 80,000
5. Transport Charges 10,000 10,000
6. Loss of Estate 15,000 15,000
7. Funereal Expenses 15,000 15,000
Total 16,88,000 15,63,000
12. In view of the above modification, this Civil Miscellaneous Appeal
is partly allowed. The sum of Rs.16,88,000/- awarded by the Tribunal is
reduced to Rs.15,63,000/-. Out of which, the claimants 2 to 4 viz., Selvi,
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C.M.A.No.408 of 2022
Palanisamy and Sidhuraji are entitled for Rs.4,00,000/- each; the 5th
claimant/mother of the deceased is entitled for a sum of Rs.2,00,000/- ; and
the 6th claimant/father of the deceased is entitled for a sum of Rs.1,63,000/-.
The appellant/Insurance Company is directed to deposit the above modified
award amount along with interest at 7.5% and costs, less the amount
already deposited, if any, within a period of six weeks to the credit of claim
petition. On such deposit, the claimants are permitted to withdraw their
share amount, less the amount already withdrawn, if any. No costs.
Consequently, connected Miscellaneous Petition is closed.
[M.K.K.S, J] [V.S.G., J]
25.02.2022
Index : Yes / No
Speaking order: Yes/No
ms
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C.M.A.No.408 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
ms
To
1. The Sub Judge,
Motor Accidents Claims Tribunal
(Subordinate Court), Sangagiri.
2. The Section Officer,
V.R.Section,
High Court, Madras.
C.M.A. No.408 of 2022
and
C.M.P.No.2852 of 2022
25.02.2022
https://www.mhc.tn.gov.in/judis
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