Madras High Court
The United India Insurance Co. Ltd vs G. Santhosh Kumar on 4 July, 2022
CMA.No.2610 of 2019 and
C.M.P. No.12614 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2022
CORAM:
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.No.2610 of 2019
and
C.M.P. No.12614 of 2019
The United India Insurance Co. Ltd.
Motor Third Party Hub, 4th Floor
No.134, Greams Road,
Chennai 600 006. .. Appellant
vs.
R. Gopal (died)
1. G. Santhosh Kumar
2. G. Nandha Kumar (Minor)
Minor rep. by his brother & Next Friend the
1st Petitioner
3. V. Vinoth Kumar ..Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the order dated 13.12.2018 in
M.C.O.P. No. 4427 of 2013 on the file of the Motor Accident Claims
Tribunal, (Special Sub Court No.1, Motor Accidents Claims Petitions),
Small Causes Court, Chennai.
https://www.mhc.tn.gov.in/judis
1/4
CMA.No.2610 of 2019 and
C.M.P. No.12614 of 2019
For Appellant : Mr.C. Paranthaman
For R1 : Mr. N.M. Muthurajan
R2 : Minor represented by R1.
For R3 : Not ready in notice.
JUDGMENT
The Insurance Company is before this Court, challenging the
award dated 13.12.2018, passed by the Motor Accident Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai in M.C.O.P. No.
4427 of 2013.
2. The grounds of appeal are on two folds, 1) the age of the
deceased has been shown as 40 years whereas her husband deceased
R.Gopal was aged 48 years, 2) the compensation awarded under the head
of love and affection is on the higher side.
3. Considering the limited scope, this Court does not intend to
traverse through the facts of the case or the details of the judgment. In
the claim petition, the age of the deceased is shown as 40 years. The
postmortem report also shows the age of the deceased as 40 years. In
fact, the evidence of P.W.1, the husband of the deceased, which has been
relied upon by the counsel for the appellant to state that the age of the
deceased is much more than 40 years, would indicate that on the date of
accident, the deceased would be aged about 38 years. However, the
https://www.mhc.tn.gov.in/judis
CMA.No.2610 of 2019 and
C.M.P. No.12614 of 2019
postmortem certificate has shown the age as 40 years and the Tribunal
has also rightly taken the age as 38 years.
4. The Tribunal has awarded a sum of Rs.75,000/- under the
head of loss of love and affection for the children of the deceased
Amudha, one of whom was a minor. As per the judgment in National
Insurance Co. vs Pranay sethi and others reported in 2017 (2)
TNMAC 601, each of the petitioners would be entitled to a sum of
Rs.40,000/-, whereas the Tribunal has awarded only a sum of Rs.75,000/.
There is no appeal or cross appeal by the claimants in this regard.
Considering the above, no grounds have been made out to set aside the
award.
5. In the result, this Civil Miscellaneous Appeal is dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
04.07.2022
bga
Index : Yes/No
Speaking / Non-speaking order
https://www.mhc.tn.gov.in/judis
CMA.No.2610 of 2019 and
C.M.P. No.12614 of 2019
P.T.ASHA, J.
bga
To
1. Motor Accident Claims Tribunal,
(Special Sub Court No.1,
Motor Accidents Claims Petitions),
Small Causes Court, Chennai.
2. The Section Officer
V.R. Section, High Court, Madras
CMA.No.2610 of 2019
and
C.M.P. No.12614 of 2019
04.07.2022
https://www.mhc.tn.gov.in/judis
