Madras High Court
The Manager vs Raniamma on 28 January, 2022
CMA No.599 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA No.599 of 2021
and CMP No.3662 of 2021
The Manager
Magama HDI General Insurance Co. Ltd.
Magama House, 24-Park Street
Kolkatta - 700 016 ... Appellant
Vs
1.Raniamma
2.R.Silpa
3.Theerthamalai ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 29.10.2018
passed in M.C.O.P. No.377 of 2017 on the file of the Motor Accidents
Claims Tribunal, Additional District Judge, Hosur.
For Appellant : Mr.S.Arunkumar
For Respondent : Mr.S.P.Yuvaraj for R1 & R2
No Appearance for R3
1/8
https://www.mhc.tn.gov.in/judis
CMA No.599 of 2021
JUDGMENT
The insurance company is on appeal, challenging the quantum of
compensation awarded for the death of one R.Suresh in a motor accident
that occurred on 13.12.2014.
2. According to the claimants, when the deceased was travelling
in a motorcycle bearing Registration No.TN-70 K-7576 towards Hosur, a
goods vehicle bearing Registration No.TN-52 A-5864 driven in a rash and
negligent manner came from behind dashed against the two wheeler. As the
impact of the accident, the deceased was thrown off from the two wheeler
and he died on the way to Hospital.
3. Contending that the deceased was earning a sum of Rs.10,000/-
per month, the claimants sought for a total compensation of Rs.25,00,000/-.
4. The Tribunal, on consideration of the evidence on record,
concluded that the accident had occurred, due to the rash and negligent
driving of the goods vehicle bearing Registration No.TN-52 A-5864. In
https://www.mhc.tn.gov.in/judis
CMA No.599 of 2021
support of its conclusion, the Tribunal relied upon the first information
report, which was filed as Ex.P1 and the evidence of PW2. The insurance
company did not let in any evidence except marking the Accident Register
copy of the two vehicles involved.
5. On the quantum, the Tribunal fixed the monthly notional
income of the deceased at Rs.10,000/-, deducted 1/3rd towards personal
expenses of the deceased and applied multiplier of 18 to arrive at the total
loss of dependency at Rs.14,40,072/. The Tribunal, following the judgment
in National Insurance Co. Ltd. vs. Pranay Sethi and others made in
[Special Leave Petition (Civil) No. 25590 of 2014], awarded 40% towards
future prospects, which worked out to Rs.5,76,029/-. On the conventional
heads, the Tribunal awarded a sum of Rs.30,000/- towards loss of love and
affection, Rs.10,000/- for transportation, Rs.15,000/- towards funeral
expenses and Rs.15,000/- towards loss of estate. Thus the Tribunal arrived
at a total compensation of Rs.20,86,101/-.
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CMA No.599 of 2021
6. Mr.S.Arunkumar, learned counsel appearing for the
appellant/insurance company would vehemently contend that the adoption
of Rs.10,000/- as monthly notional income is on the higher side and the
deduction of 1/3rd instead of 1/2 is incorrect. He would also fault the
adoption of future prospects at 40% for a 17 years old person. Though an
attempt is made by the counsel to canvas the question of negligence, in the
absence of any material evidence, he is unable to effectively challenge the
same.
7. Per contra, Mr.S.P.Yuvaraj, learned counsel appearing for the
respondents 1 and 2/claimants would contend that the overall award of the
Tribunal is just and reasonable. The deduction of 1/3rd has been approved
by the Hon'ble Supreme Court in cases where the deceased leaves behind an
unmarried sister and a widowed mother.
8. I have considered the submissions of the learned counsel on
either side and perused the materials available on record.
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CMA No.599 of 2021
9. The adoption of Rs.10,000/- per month as notional income
appears to be reasonable and I do not think that the same can be said to be
on the higher side. However, the deduction of 1/3rd is erroneous. It has been
consistently held by this court and the Hon'ble Supreme Court that in case
of bachelors, who are shown to be dependants at the time of accident,
deduction of 50% towards their personal expenses would meet the ends of
justice. Therefore, the Tribunal was not right in deducting 1/3rd alone.
10. As regards the award on the ground of future prospects, I do
not think the quantum of 40% could be said to be wrong. The Hon'ble
Supreme Court has held that in cases where persons up to 18 years, 40% to
be added towards future prospects and hence that could be taken into
account. The Tribunal has just done that. I do not think the Tribunal can be
faulted for the award of future prospects. If we apply 50% deduction for
personal expenses, after adding 40% towards future prospects, the loss of
dependency would be Rs.10,000x1/2x12x18+40% = Rs.15,12,000/-. Since
this takes care of loss of dependency including the concept of future
prospects, the award on the other heads is just and reasonable and need not
be disturbed.
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CMA No.599 of 2021
11. The award of the Tribunal is modified and a sum of
Rs.15,12,000/- is awarded towards loss of dependency and the award
towards other conventional heads need not be disturbed. Thus the claimants
are entitled to a total compensation of Rs.15,82,000/- and the same is
rounded off to Rs.15,80,000/-. The same is apportioned as follows:
i) The first claimant would be entitled to a sum of Rs.10,00,000/-
with proportionate interest and costs; and
ii) The second claimant/sister would be entitled to a sum of
Rs.5,80,000/- with proportionate interest and costs.
iii) The parties are directed to bear their own costs.
12. The appeal is partly allowed, as indicated above.
Consequently, the connected civil miscellaneous petition is closed.
28.01.2022
Asr
Index: No
Speaking order
To
https://www.mhc.tn.gov.in/judis
CMA No.599 of 2021
1. The Motor Accidents Claims Tribunal,
Additional District Judge, Hosur.
2. The Section Officer,
VR Section,
Madras High Court, Chennai.
R.SUBRAMANIAN, J.
https://www.mhc.tn.gov.in/judis
CMA No.599 of 2021
Asr
CMA No.599 of 2021
and CMP No.3662 of 2021
28.01.2022
https://www.mhc.tn.gov.in/judis
