Madras High Court
Chola Ms General Insurance ... vs Santhi on 19 January, 2022
CMA(MD)No.702 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.702 of 2020 &
CMP(MD)No.7102 of 2020
Chola Ms General Insurance Company limited,
Tab Complex, Cantonment, Trichy - 15. ... Appellant
vs.
1.Santhi
2.Divya
3.Biju Thomas ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the Judgment and Decree dated
02.01.2020 in MCOP.No.1097 of 2016 on the file of the Motor Accidents
Claims Tribunal, Special District Court, Trichirapalli.
For Appellant :Mr.K.R.Shivashankari
For Respondents :Mr.N.Sudhagar Nagaraj for R1 & R2
No appearance for R3
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CMA(MD)No.702 of 2020
JUDGMENT
The appellant filed this appeal against the Judgment and Decree
dated 02.01.2020 in MCOP.No.1097 of 2016 on the file of the Motor
Accidents Claims Tribunal, Special District Court, Trichirapalli.
2. On 04.10.2015, the deceased Elangovan was riding a bicycle
along Trichy - Thanjavur main road near Rahmath Hotel, Thuvakudi. At
about 01.45 am, an Innova Car bearing bearing Registration No.KL 06 G
3168 came in a rash and negligent manner and dashed against the
bicycle, as a result of which, the deceased Elangovan sustained multiple
fatal injuries and died on the spot.
3. The respondents 1 and 2, who are the wife and daughter of the
deceased Elangovan filed MCOP.No.1097/2016, claiming compensation
for the demise of Elangovan. The Tribunal after analysing the oral and
documentary evidences on record, awarded a sum of Rs.13,37,600/-
together with interest at the rate of 7.5% per annum, as compensation and
fixed the liability on the appellant herein. Questioning the quantum of
compensation awarded by the Tribunal, the appellant has preferred this
appeal.
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CMA(MD)No.702 of 2020
4. The learned counsel for the appellant would submit that as per
the records, the salary of the deceased was only a sum of Rs.8,450/-.
However, the Tribunal fixed an exorbitant sum of Rs.12,000/- as monthly
income and awarded a sum of Rs.11,61,600/- towards loss of
dependency. Hence, he prayed for reducing the quantum of
compensation awarded by the Tribunal.
5. The learned counsel for the respondents 1 and 2 would submit
that the Tribunal after analyzing the oral and documentary evidences on
record, arrived at a just compensation and the same need not be reduced.
6. As per the Pay Slips Ex.X4 Series, the monthly salary of the
deceased Elangovan was Rs.8,450/- for the period from April 2015 to
September 2015. According to the evidence of PW3, the salary of the
deceased was a sum of Rs.10,838/- per month. As per the Salary
Certificate Ex.X3, the salary of the deceased was Rs.12,000/- per month.
The Tribunal fixed the salary of the deceased at Rs.12,000/- per month
based on the Salary Certificate Ex.X3. As mentioned above, the Pay
Slips Ex.X4 Series shows that the salary of the deceased was Rs.8,450/-
per month for the period from April 2015 to September 2015. Since, the
accident had occurred in the month of October 2015, this Court is of the
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CMA(MD)No.702 of 2020
considered opinion that relying on Ex.X4 Series would be more
justifiable, since, the Series includes the Pay Slip for the month of
September 2015, which is the month before the accident. Hence, the
monthly salary of the deceased is fixed as Rs.8,500/-. The age of the
deceased was 52 years on the date of the accident. As per the decision of
the Hon'ble Supreme Court in National Insurance Co. vs Pranay sethi and
others reported in 2017 (2) TNMAC 601, 10% should be added towards
the future prospects of the deceased. Therefore, Rs.8,500/- + Rs.850/-
(10% of Rs.8,500/-) = Rs.9,350/-. The wife and daughter of the deceased
were depending on the income of the deceased and hence, 1/3rd of the
income deducted by the Tribunal towards the personal expenses of the
deceased is confirmed. Hence, it would amount to Rs.9,350/- x 1/3
deduction = Rs.6,234/-. Further, the multiplier 11 adopted by the
Tribunal is also hereby confirmed. Thus, the loss of dependency would
come to Rs.6,234/- x 12 x 11 = Rs.8,22,888/-. The Tribunal awarded loss
of consortium at Rs.40,000/- to each claimants and also awarded loss of
love and affection at Rs.60,000/-. Both the aforesaid heads are same and
hence a sum of Rs.60,000/- awarded towards loss of love and affection is
hereby set aside. Rs.40,000/- awarded to the claimants towards loss of
consortium and loss of parental consortium respectively is hereby
confirmed. All the other heads awarded by the Tribunal are hereby
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CMA(MD)No.702 of 2020
confirmed. The award passed by this Court under various heads is
extracted hereunder:
S.No. Head Amount granted
by this court
1. Loss of dependency Rs.8,22,888/-
2. Consortium to the first Rs.40,000/-
respondent
3. Parental consortium to the second Rs.40,000/-
respondent
4. Transport Expenses Rs.6,000/-
5. Funeral Expenses Rs.15,000/-
6. Loss of Estate Rs.15,000/-
Total Rs.9,38,888/-
7. The learned counsel for the appellant would submit that the
appellant/Insurance Company has already deposited the entire
compensation amount to the credit of MCOP.No.1097/2016 on the file of
the Motor Accidents Claims Tribunal, Special District Court,
Trichirapalli.
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CMA(MD)No.702 of 2020
8. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The quantum of compensation awarded by the Tribunal is
reduced from Rs.13,37,600/- to Rs.9,38,888/-, with interest at the rate of
7.5% per annum.
(iii) Since the amount has already been deposited by the
appellant/Insurance Company, the respondents 1 and 2 / claimants are at
liberty to withdraw the same along with proportionate interest and costs
after following due process of law. The apportionment granted by the
Tribunal shall be kept intact.
(iv) The appellant/Insurance Company is at liberty to withdraw the
amount that is in excess of the amount awarded by this Court together
with proportionate interests and costs after following due process of law.
19.01.2022
Index : Yes/No
Internet : Yes/No
mbi
https://www.mhc.tn.gov.in/judis
CMA(MD)No.702 of 2020
To
The Motor Accident Claims Tribunal,
Special District Court, Trichirapalli.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.702 of 2020
S.ANANTHI, J.
mbi
CMA(MD)No.702 of 2020
19.01.2022
https://www.mhc.tn.gov.in/judis
