Madras High Court
Reliance General Insurance ... vs C.Saraswathy on 4 July, 2022
C.M.A. No.1838 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A. No.1838 of 2018
and
Cros. Obj. No.62 of 2018
and
C.M.P.No.14232 of 2018
C.M.A. No.1838 of 2018:
Reliance General Insurance Company Ltd.,
Sri Meenakshi Plaza, 1st Floor,
Plot No.HIG-55,
80 Feet Road, Anna Nagar,
Madurai - 625 020. ... Appellant
Vs.
1.C.Saraswathy
2.Minor V.C.Harshni
3.Minor V.C.Balaji
(Petitioners 2 and 3 rep. by their Mother
Next friend & Natural Guardian
Tmt.C.Saraswathy)
4.D.S.Senthilvel ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the award and decree dated 25.07.2013 made in
M.C.O.P.No.1641 of 2009 on the file of the Motor Accidents Claims
Tribunal, VI Court of Small Causes, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A. No.1838 of 2018
For Appellant : Mr.S.Arun Kumar
For Respondents : Mr.G.Balaji Prasad
for R1 to R3
Mr.T.Padmanabhan
for R4 - No Appearance
Cros. Obj. No.62 of 2018:
1.C.Saraswathy
2.Minor V.C.Harshni
3.Minor V.C.Balaji
(Petitioners 2 and 3 rep. by their Mother
Next friend & Natural Guardian
Tmt.C.Saraswathy) ... Cross Objectors
Vs.
1.Reliance General Insurance Company Ltd.,
Sri Meenakshi Plaza, 1st Floor,
Plot No.HIG-55,
80 Feet Road, Anna Nagar,
Madurai - 625 020.
2.D.S.Senthilvel ... Respondents
PRAYER: Cross Objection filed under Order 41 Rule 22 of Code of Civil
Procedure, 1908 in C.M.A.No.1838 of 2018 against the award dated
25.07.2013 in M.C.O.P.No.1641 of 2009 on the file of the Motor Accident
Claims Tribunal, VI Judge, Court of Small Causes, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A. No.1838 of 2018
For Appellants : Mr.G.Balaji Prasad
For Respondents : Mr.S.Arun Kumar
for R1
COMMON JUDGMENT
The Civil Miscellaneous Appeal and the Cross Objection arise out of
the award passed in M.C.O.P.No.1641 of 2009 on the file of the Motor
Accidents Claims Tribunal, VI Court of Small Causes, Chennai.
2. The facts in brief are as follows:
The parties are referred to as claimants and respondents
respectively. The claimants, who are the wife and children of one
D.Chandra Sekhar @ D.Chandra Sekharan have filed the above M.C.O.P
seeking compensation for death of the said D.Chandra Sekhar @ D.Chandra
Sekharan in a road accident on 28.01.2009. It is their case that the said
D.Chandra Sekhar @ D.Chandra Sekharan, who was running construction
business, aged about 45 years and earning monthly income of Rs.1,75,000/-,
had on 28.01.2009 travelled in his vehicle bearing registration No.TN-10-Q-
2617 along with three others to Trichy. As they were proceeding on the
https://www.mhc.tn.gov.in/judis
C.M.A. No.1838 of 2018
National Highway at around 17:15 hours, a heavy goods vehicle bearing
registration No.TN-58-P-2320 driven by its driver in a rash and negligent
manner and coming from the opposite direction had dashed against the
vehicle in which the deceased D.Chandra Sekhar @ D.Chandra Sekharan
was travelling, resulting in the death of D.Chandra Sekhar @ D.Chandra
Sekharan and caused grievous injuries to the rest of the occupants. The first
respondent in the claim petition, who is the owner of the heavy goods
vehicle did not enter appearance and ultimately was set exparte.
3. The Insurance Company had taken a defence that the vehicle in
which the deceased was travelling had also contributed to the accident and
therefore the entire liability being fastened on the driver of the heavy goods
vehicle, was wrong. The Insurance Company / second respondent in the
claim petition had put the claimants to strict proof of the age, income and as
regards the vehicular documentation of the offending vehicle.
4. The Tribunal below, on considering the evidence available on
record, fastened the liability exclusively upon the driver of the first
respondent's vehicle. Ultimately, a compensation of a sum of Rs.92,93,400/-
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C.M.A. No.1838 of 2018
was arrived at. The Tribunal had taken into account the annual income at
Rs.1,95,18,000/-, after deducting 7% towards profit. The monthly income
was fixed at Rs.13,66,260/- and 30% was deducted from the said amount to
arrive at the income which forms the basis for calculation. Future prospects
of 30% was added to the same and after deducting 1/3 towards personal
expenses, the remaining amount was taken into consideration for calculating
the loss of dependency.
5. Challenging the said award, the Insurance Company had preferred
Appeal in C.M.A.No.1838 of 2018 and the claimants had preferred a Cross
Objection in Cros. Obj. No.62 of 2018 in C.M.A.No.1838 of 2018.
6. The Insurance Company had questioned the income fixed by the
Tribunal below, whereas, the claimants were aggrieved by the lower
amounts granted under the head of loss of consortium, loss of love and
affection and no compensation being granted under the head of loss of
estate.
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C.M.A. No.1838 of 2018
7. Heard the counsels appearing on either side and perused the
materials available on record.
8. A perusal of the order and the exhibits would indicate that the
average profit for five years preceding the death of the deceased, based on
the Income Tax return and particularly profit in the year 2009-10 was only a
sum of Rs.12,72,574/-. The accident had occurred in the month of January,
2009. Therefore, the profit as shown for the assessment year can be taken
into account, to this 25% has to be added towards future prospects and 30%
has to be deducted towards Income Tax. From and out of this, 1/3rd has to
be deducted towards personal expenses of the deceased. Working so, the
total contribution towards annual income of the deceased would be a sum of
Rs.7,42,335/-, which is calculated as follows:
Heads Amount in Rs.
Annual Income 12,72,574
Add: 25% towards future prospects 3,18,143
15,90,717
Less: 30% for Income Tax 4,77,215
11,13,502
Less: 1/3 towards self expenses of the deceased 3,71,167
Total 7,42,335
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C.M.A. No.1838 of 2018
9. The deceased was aged about 45 years and the multiplier to be
adopted is 14. Therefore, the loss of dependency would be a sum of
Rs.1,03,92,690/- (Rs.7,42,335/- x 14). Under the head of funeral expenses,
the Tribunal has awarded a sum of Rs.25,000/- which has to be reduced to a
sum of Rs.15,000/-. No amounts have been granted under the head of loss of
estate, therefore a sum of Rs.15,000/- is awarded under this head.
Thereafter, the first claimant has been granted a sum of Rs.1,00,000/-
towards loss of consortium, which has to be reduced to a sum of Rs.40,000/-
The two minor children of the deceased viz., the claimants 2 and 3, have
been granted only a sum of Rs.50,000/- under the head of loss of love and
affection, which shall be enhanced to a sum of Rs.80,000/- (Rs.40,000/-
each). The amount granted under the head of transportation expenses is not
payable and is therefore rejected. Therefore, the total compensation that is
payable is Rs.1,05,42,690/-, which is calculated as follows:
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C.M.A. No.1838 of 2018
Heads Awarded by the Awarded by this
Tribunal (Amount Court (Amount
in Rs.) in Rs.)
Loss of Dependency 7,42,335
Pecuniary loss 91,08,400 1,03,92,690
Funeral Expenses 25,000 15,000
Loss of Estate NIL 15,000
Loss of Consortium 1,00,000 40,000
Loss of love and affection (Rs.40,000/- 50,000 80,000
x 2)
Transport expenses 10,000 NIL
Total 92,93,400 1,05,42,690
10. In the result, the appeal in C.M.A.No.1838 of 2018 is dismissed
and the Cross Objection in Cros. Obj. No.62 of 2018 is partly allowed and
the impugned Award of the Tribunal is modified, enhancing the
compensation amount from Rs.92,93,400/- to Rs.1,05,42,690/-. The
Insurance Company is directed to deposit the said amount to the credit of
M.C.O.P.No.1641 of 2009 along with interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit and costs as awarded
by the Tribunal, less, the amount, if any already deposited, within a period
of six weeks from the date of receipt of a copy of this judgment. On such
deposit being made, the claimants are permitted to withdraw the award
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C.M.A. No.1838 of 2018
amount, along with proportionate interest and costs as awarded by the
Tribunal, less, the amount, if any already withdrawn. The claimants are
directed to pay the necessary Court fee for the enhanced compensation
amount, if required. The Tribunal below shall not disburse the enhanced
amount till such time the certified copy showing proof of payment of Court
fee is produced by the claimants. In other respects, the Award of the
Tribunal is hereby confirmed. There shall be no order as to costs the
present Appeal and Cross Objection. Consequently, the connected Civil
Miscellaneous Petition is closed.
04.07.2022
Index : Yes/No
Speaking Order : Yes / No
ab
To
1.The Motor Accidents Claims Tribunal,
VI Court of Small Causes, Chennai.
2.The Section Officer,
VR Section, Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A. No.1838 of 2018
P.T. ASHA, J,
ab
C.M.A. No.1838 of 2018
and
Cros. Obj. No.62 of 2018
04.07.2022
https://www.mhc.tn.gov.in/judis
