Madras High Court
Sathish vs Cvr.Chandra Prakash on 19 January, 2022
C.M.A.Nos.2248 and 3133 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.Nos.2248 and 3133 of 2021
and
C.M.P.No.17690 of 2021
C.M.A.No.2248 of 2021
1.Sathish
2.Visalachi ... Appellants
Vs.
1.CVR.Chandra Prakash
2.Reliance General Insurance Company Limited,
No.6, 6th Floor, Haddows Road,
Chennai – 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the amount awarded in MCOP No.2527 of 2016
dated 21.11.2020 on the file of the Motor Accident Claims Tribunal, (IV Court of
Small Causes), Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2248 and 3133 of 2021
For Appellant : Mr.K.Varadha Kamaraj
For Respondents : Mr.S.Arunkumar for R2
C.M.A.No.3133 of 2021
M/s Reliance General Insurance Co. Ltd,
No.6, 6th Floor, Haddows Road,
Chennai – 600 006. ... Appellant
Vs.
1.Sathish
2.Visalachi
3.CVR.Chandra Prakash
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree dated 21.11.2020 made in
MCOP No.2527 of 2016 on the file of the Motor Accident Claims Tribunal, IV
Court of Small Causes, Chennai.
For Appellant : Mr.S.Arunkumar
For Respondents : Mr.K.Varadha Kamaraj for R1 and R2
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2248 and 3133 of 2021
COMMON JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
CMA No.2248 of 2021 is filed by the claimants being dissatisfied with the
award of the Tribunal passed in MCOP No.2527 of 2016 dated 21.11.2020. CMA
No.3133 of 2021 has been preferred by the Insurance Company assailing the
award passed in the same MCOP.
2.The facts of the case in nutshell:-
On 05.03.2016 at 02.45 p.m, the deceased Natchiyar was riding a
motorcycle at Redhills Road, Kolathur, Chennai. When she was nearing at
Maharasi Mahal, a lorry bearing Reg.No.TN-21-AE-868, which was proceeding
in the same direction, driven by its driver in a rash and negligent manner, hit the
motorcycle from behind. In the impact, she fell down and left wheel of the lorry
ran over the head of the deceased and she died on the spot. The driver of the lorry
alone is responsible for the accident. The claimants are the husband and the
mother of the deceased Natchiar. At the time of accident, the deceased was
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2248 and 3133 of 2021
working as ERP and STP Leader and she was earning Rs.68,000/- per month.
The Tribunal based on the salary slip (Ex.P.13), has fixed the monthly income as
Rs.48,000/-, after deducting 20% income tax. After deducting 1/3rd towards her
personal expenses, adding 40% of the income towards future prospects and by
applying multiplier '16', the loss of dependency was arrived at Rs.98,30,400/-. It
is further stated that since the deceased was driving the two-wheeler without valid
driving licence, 20% of the award amount was deducted for contributory
negligence. Though the claimants claimed compensation of Rs.1,50,00,000/-, the
Tribunal has awarded Rs.98,60,400/- together with interest at 7.5% per annum,
under the following heads:-
Heads Rs.
Loss of dependency 98,30,400/-
48000-16000(1/3)= 32000+19200(40%)=
51200 x12x16
Loss of Estate 15,000/-
Funeral Expenses 15,000/-
Total 98,60,400/-
Less for 20% contributory negligence 19,72,080/-
Compensation 78,88,320/-
Rounded off 78,88,000/-
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2248 and 3133 of 2021
Challenging the said award, the Insurance Company has filed an appeal on the
ground that the award is on the higher side and the claimants preferred an appeal
to enhance the compensation as stated supra.
3. It is the contention of the learned counsel for the Insurance Company
Mr.S.Arunkumar that admittedly, the first claimant/husband has remarried and
there is no evidence to show that the mother of the deceased, namely, the second
claimant was dependent of the deceased.
4.Per contra, the learned counsel for the claimants argued that the Tribunal
has erred in deducting 20% for contributory negligence when the accident had
been occurred only due to the rash and negligent driving of the driver of the lorry.
The learned counsel has also justified the award of the Tribunal.
5.We have considered the rival submissions of the learned counsel
appearing on either side and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2248 and 3133 of 2021
6.Perusal of the records reveals that we find force in the submission of the
learned counsel for the Insurance Company. The Tribunal itself has found that
the first claimant has remarried. Even though there is no material to show that the
second claimant was totally dependent of the deceased, they suffered loss to some
extent. Hence, we are of the opinion that it would be appropriate to take
dependency as Rs.30,000/- per month. As per the constitution Bench of the
Hon'ble Apex Court in the case of National Insurance Company Ltd., vs.
Pranay Sethi and others reported in 2017(2) TNMAC 609 (SC), the deceased
is entitled towards future prospects. Hence, after adding 40% of the income, the
monthly income works out at Rs.42,000/- (30000+12000 (40%) = 42000). From
which, 1/3rd is deducted towards personal and living expenses, contribution to the
family will be Rs.28,000/- (42000-14000=28000) per month. By applying
multiplier '16', this Court hereby awards Rs.53,76,000/- (28000 x 12 x 16)
towards loss of dependency. In addition, 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), the claimants are entitled to
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C.M.A.Nos.2248 and 3133 of 2021
Rs.40,000/- each towards consortium, which comes to Rs.80,000/-. The amount
awarded under the head of funeral expenses and loss of estate are confirmed. The
deduction of 20% for negligence of the deceased and the rate of interest fixed by
the Tribunal are confirmed. Hence, the compensation awarded by the Tribunal to
the claimants is re-quantified as follows:-
Heads Rs.
Loss of dependency 53,76,000/-
30000+40=42000x12x16x2/3
Loss of consortium 40000 x 2 80,000/-
Funeral expenses 15,000/-
Loss of Estate 15,000/-
Total 54,86,000/-
Less for 20% contributory negligence 10,97,200/-
Compensation 43,88,800/-
Rounded Off 43,89,000/-
7.In fine, this Civil Miscellaneous Appeal in CMA No.3133 of 2021 is
partly allowed and the Civil Miscellaneous Appeal in CMA No.2248 of 2021 is
dismissed and the amount awarded by the Tribunal Rs.78,88,000/- is scaled down
to Rs.43,89,000/-. The first claimant is entitled to Rs.10,00,000/- and the second
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.2248 and 3133 of 2021
claimant is entitled to Rs.33,89,000/-. The Insurance Company is directed to
deposit the modified award amount with accrued interest and costs, less the
amount already deposited, if any, within a period of eight weeks from the date of
receipt of a copy of this order. On such deposit, the claimants are permitted to
withdraw their share together with proportionate interest and costs, less amount
already withdrawn, if any. No costs. Consequently, connected miscellaneous
petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
19.01.2022
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accident Claims Tribunal/
IV 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.Nos.2248 and 3133 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
COMMON JUDGMENT MADE IN
C.M.A.Nos.2248 and 3133 of 2021
and
C.M.P.No.17690 of 2021
19.01.2022
https://www.mhc.tn.gov.in/judis
