Madras High Court
M/S.National Insurance Co. vs Revathi on 10 January, 2022
C.M.A.(MD)No.146 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.146 of 2020
and
C.M.P.(MD)No.2499 of 2020
M/s.National Insurance Co., Ltd.,
Through its Manager,
No.74-A, Paramathi Road,
Namakkal. ...Appellant/2nd Respondent
Vs.
1.Revathi
2.Minor. Gopika
(Minor rep. by natural guardian and
mother the 1st respondent herein)
3.Sarasal ...Respondents 1 to 3/Petitioners 1 to 3
4.P.Thiyagarajan ...4th Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the judgment and decree, dated 10.07.2019
passed in MCOP.No.366 of 2017 on the file of the Motor Accident Claims
Tribunal/District Court, Karur.
For Appellant :Mr.P.Malini
For Respondents :No Appearance
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.146 of 2020
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
judgment and decree, dated 10.07.2019 passed in M.C.O.P.No.366 of 2017
on the file of the Motor Accident Claims Tribunal/District Court, Karur.
2.It is a case of fatal accident. On 14.06.2017, the deceased was riding
a motorcycle bearing Registration No.TN-39-C-2858 on Chinnadharapuram
to Moolanur road. At about 9.30 p.m., when he proceeding near
Othamanthurai Therku Thootam, a lorry bearing Registration No.TN-28-
AM-2910, which got break down due to burst of a tire parked ahead of his
two wheeler on the road without any signal light drawing the attention of the
drivers of the other vehicles. As a result of which, the deceased sustained
grievous injuries and immediately he was taken to a hospital. But due to the
grievous injury, he died on the way to hospital.
3.The claimants have filed a claim petition in M.C.O.P.No.366 of 2017
on the file of the Motor Accident Claims Tribunal/District Court, Karur,
seeking compensation of Rs.20,00,000/-.
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C.M.A.(MD)No.146 of 2020
4.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 and P.W.2 and marked five documents as Exs.P1 to P5.
On the side of the respondents, one witness was examined as R.W1 and
marked two documents as Exs.R1 and R2.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondents and also on appreciating the evidences on record, held that the
accident occurred 80% of rash and negligent driving of the driver of the
appellant's lorry and directed the appellant herein to pay a sum of
Rs.17,61,011/- as compensation with 7.5% interest.
6.Against which, the appellant/Insurance Company Ltd., has filed this
present appeal to set aside the award of compensation passed by the Tribunal.
7.Heard Ms.P.Malini, learned counsel appearing for the appellant and
no representation for the respondents.
8.The learned counsel for the appellant contended that the deceased
was driving the vehicle in a rash and negligent manner and he is only
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C.M.A.(MD)No.146 of 2020
responsible for the accident. So the Tribunal ought to have fixed entire
negligence on the deceased, but fixed 80% of negligence on the lorry, while
the same was stationed on the left side of the road. He further contended that
without any document to prove his income, the Tribunal has fixed
Rs.11,000/- towards monthly income of the deceased and also added 40% for
future prospectus. Hence, the award passed by the Motor Accidents Claims
Tribunal is liable to be modified.
9.A perusal of records, it is seen that at the time of accident the age of
the deceased was 35 years and he was doing hand loom weaving business
and earning Rs.10,000/- per month. Though the claimants have not filed any
document to prove the deceased's income, the Tribunal has wrongly fixed
as Rs.11,000/- as monthly income. Hence, this Court fixed Rs.9,000/- as
monthly income of the deceased and 40% added towards future prospectus of
the deceased. Therefore, the notional income of the deceased arrived at
Rs.12,600/- (Rs.9,000/- + Rs.3,600). Since there are three dependants
depending on the income of the deceased, 1/3rd of the income deducted by
the Trial Court towards the personal expenses of the deceased is confirmed.
Hence, it would amount to Rs.12,600/- x 1/3rd deduction = Rs.8,400/- and
multiplier '16' adopted by the Tribunal is also hereby confirmed. Thus, the
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C.M.A.(MD)No.146 of 2020
loss of dependency would come to Rs.8,400/- x 12 x 16 = Rs.16,12,800/-.
Further the Tribunal has awarded Rs.40,000/- towards loss of consortium and
also awarded Rs.1,50,000/- towards loss of love and affection. The Tribunal
has granted the award for both the heads. So the loss of love and affection
awarded Rs.1,50,000/- by the Tribunal is deducted from the compensation
award and this Court awarded Rs.40,000/- each of the claimants towards loss
of consortium. All the other heads awarded by the Trial Court are hereby
confirmed. The Tribunal has rightly fixed 20% liability on the deceased.
10.Accordingly, the claimants are entitled for compensation as
follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Income Rs.16,12,800/-
2. Loss of Consortium (each Rs. 1,20,000/-
Rs.40,000/-)
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
6. Transport Expenses Rs. 10,000/-
Total Rs.17,72,800/-
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C.M.A.(MD)No.146 of 2020
11. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
(ii)The quantum of compensation awarded by the Tribunal is reduced
from Rs.22,01,264/- to Rs.17,72,800/- with interest at the rate of 7.5% per
annum.
(iii) The appellant/National Insurance Company Ltd., is directed to
deposit 80% of compensation amount i.e., Rs.14,18,240/- (Rupees Fourteen
lakhs eighteen thousand two hundred and forty only), less the amount
already deposited, together with interest at the rate of 7.5% per annum from
the date of claim petition till the date of deposit to the credit of M.C.O.P.No.
366 of 2017 on the file of the Motor Accidents Claims Tribunal/District
Court, Karur, within a period of six weeks from the date of receipt of a copy
of this order.
(iv) On such deposit being made, the respondents/claimants are
entitled to withdraw their respective share as per the ratio of apportionment
made by the tribunal. No costs. Consequently, connected Miscellaneous
Petition is closed.
10.01.2022
Index :Yes/No
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.146 of 2020
Note:In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
Advocate/litigant concerned.
To
1.The Motor Accident Claims Tribunal/
District Court, Karur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.146 of 2020
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.146 of 2020
and
C.M.P.(MD)No.2499 of 2020
10.01.2022
https://www.mhc.tn.gov.in/judis
