The Branch Manager vs Vanitha
2022 Latest Caselaw 870 Mad

                                                                                   CMA.No.3497 of 2021
                                                                           and CMP.Nos.403 & 430 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 20.01.2022
                                                      CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                              CMA.No.3497 of 2021
                                                     and
                                              CMP.No.20209 of 2021

                     The Branch Manager,
                     Reliance General Insurance Company Limited,
                     Branch Office,
                     Sree Lakshmi Complex,
                     1st Floor, Omalur Main Road,
                     Bharathi Street, Swarnapuri,
                     Salem – 636 004.                                                    ...Appellant

                                                         Vs.

                     1.Vanitha
                     2.Arulmuthuraman
                     3.Jayakanth
                     4.L.Sureshbabu                                                   ..Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, against the judgment and decree dated 03.12.2020 made in
                     MCOP.No.673 of 2019 on the file of the Motor Accidents Claims Tribunal,
                     Special District Court, For Motor Accident Claims Cases Krishnagiri.
                                         For Appellant         : Mr.M.B.Raghavan
                                         For Respondents       : Mr.S.P.Yuvaraj


                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                   CMA.No.3497 of 2021
                                                                           and CMP.Nos.403 & 430 of 2022



                                                   JUDGMENT

This appeal is by the Insurance Company, on the quantum of

compensation alone.

2.The deceased was a ex-servicemen. According to the claimants,

he was earning a sum of Rs.50,000/- per month, that is, Rs.20,000/- as an

Ex-army driver and Rs.30,000/- from other sources. The claimants sought

for a compensation of Rs.40,00,000/-. Before the Tribunal, the 1st claimant,

who was examined as PW1 would admit that she is receiving a pension of

Rs.21,560/- after the death of her husband. Therefore, whatever the pension

the deceased was drawing, is now being paid to the wife as such, there is no

loss of pension. The loss may be on the other heads. The Tribunal, however,

took the loss of pension as the sole criteria and worked out the total loss of

dependency at Rs.17,07,480/-.

3.Mr.M.B.Raghavan, learned counsel appearing for the Insurance

Company would contend that the Tribunal having held there is no loss of

pension, ought not to have adopted the pension as the base for fixing the loss

https://www.mhc.tn.gov.in/judis CMA.No.3497 of 2021 and CMP.Nos.403 & 430 of 2022

of dependency. It is in evidence that the deceased was earning as a driver of

a lorry and was also doing cultivation in his lands. I am of the opinion that

the other income, which would be the actual loss to the family could be

taken as Rs.18,000/-, considering the age of the deceased and the date of the

accident. If Rs.18,000/- is taken as monthly income of the deceased and if

we add 10% towards future prospects, the monthly income that could be

taken for fixing loss of dependency would be Rs.19,800/-. Deducting 1/3rd

for personal expenses, the monthly loss of dependency would be Rs.13,200/-

. Adopting the multiplier of 9, since the deceased was aged abould 56 years

at the time of his death the total loss of dependency would be Rs.14,25,600/-

.

4.The claimants are also entitled to compensation towards loss of

love and affection and consortium, which is fixed at Rs.1,20,000/- at

Rs.40,000/- per claimant. The claimants are entitled to funeral expenses and

loss of estate, which is fixed at Rs.40,000/-. Thus, the total compensation

payable would be Rs.15,85,600/- Therefore, the award of the Tribunal is

modified and the claimants would be entitled to a sum of Rs.15,85,600/-

with interest at 7.5% from the date of petition till date of deposit. The

https://www.mhc.tn.gov.in/judis CMA.No.3497 of 2021 and CMP.Nos.403 & 430 of 2022

compensation is apportioned as follows:-

i) The 1st respondent / wife of the deceased would be entitled to

Rs.9,85,600/- with proportionate interest and entire costs.

ii) The claimants 2 and 3, who are sons of the deceased would be

entitled to Rs.3,00,000/- each with proportionate interest.

5.The Insurance Company is directed to deposit the compensation

as awarded, less the amount already deposited, within a period of six weeks

from the date of receipt of a copy of this order. On such deposit, the

claimants are permitted to withdraw the entire amount, so deposited. In

fine, this civil miscellaneous appeal is partly allowed. No costs.

Consequently, connected miscellaneous petition is closed.

20.01.2022 kkn

Index:No Internet:Yes Speaking

https://www.mhc.tn.gov.in/judis CMA.No.3497 of 2021 and CMP.Nos.403 & 430 of 2022

To:-

The Motor Accidents Claims Tribunal, Special District Court, For Motor Accident Claims Cases Krishnagiri, Krishnagiri.

https://www.mhc.tn.gov.in/judis CMA.No.3497 of 2021 and CMP.Nos.403 & 430 of 2022

R.SUBRAMANIAN, J.

KKN

CMA.No.3497 of 2021 and CMP.No.20209 of 2021

20.01.2022

https://www.mhc.tn.gov.in/judis