Madras High Court
The Manager vs M.Dhanalakshmi on 23 March, 2022
C.M.A.No.651 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.651 of 2022
and
C.M.P.No.4625 of 2022
The Manager,
Reliance General Ins. Co.Ltd.,
Reliance House, 6th Floor, 6, Haddows Road,
Nungambakkam,
Chennai – 600 006. ... Appellant
Vs.
1. M.Dhanalakshmi, W/o. Late D.Murugan
2. M.Sarathi, Minor, S/o. Late D.Murugan
3. M.Vigneswaran (Minor) S/o.Late D.Murugan
Minors 2 and 3 represented by their mother 1st petitioner
as natural guardian and next friend.
4. D.Kamakshi
W/o.Late Devalingam
All are residing at
No.218, 3rd Street, Pudhu Nallur,
Sriperumpudhur Taluk,
Kanchipuram District.
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.651 of 2022
5. T.Pushparaj,
No.21, Anna Street, Nehru Nagar, Cheyyar,
Thiruvannamalai District. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Decree and Judgment dated 08.10.2021 made
in M.C.O.P. No.4299 of 2018 on the file of the Motor Accident Claims Tribunal,
II Small Causes Court, Chennai.
For Appellant : M/s. C.Bhuvanasundari
For Respondents : Mr.C.Richard Suresh Kumar for RR1 to 4
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This appeal arises out of the order passed by the Motor Accident Claims
Tribunal, II Small Causes Court, Chennai in MCOP No.4299 of 2018 dated
08.10.2021.
2. This is the case of fatal accident. The case of the claimants is that on
11.05.2018 at about 8.00 PM, the deceased - D.Murugan was riding a Motor
Cycle bearing Reg. No.TN-11-D-7175, from Kanchipuram to Tambaram and was
diverted due to road work. When he was coming near Serapanacherry, a tipper
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C.M.A.No.651 of 2022
lorry bearing registration No.TN-25-AU-1683 driven by its driver in a rash and
negligent manner, hit the motorcycle from behind. In the impact, the deceased
was thrown out from the motorcycle and he had sustained multiple grievous
injuries all over his body. Immediately, he was taken to Chrompet Government
Hospital and after first aid, he was admitted at Rajiv Gandhi Government General
Hospital, where he died on 14.05.2018. The claimants are the legal heirs of the
deceased. Alleging that the accident had taken place due to the rash and
negligent driving of the driver of the 1st respondent/ Tipper Lorry, the claimants
sought for compensation of Rs.1,00,00,000/-.
3. The appellant/Insurance Company resisted the claim and filed their
counter disputing the manner of accident, age, avocation and income of the
deceased and its liability to pay the compensation. Further, it has been contended
that the driver of the 1st respondent drove the vehicle slowly, but the deceased
rode his motorcycle in a rash and negligent manner and invited the accident. So
no amount can be awarded to the claimants.
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C.M.A.No.651 of 2022
4. To substantiate the case, on the side of the claimants, Mrs.Kamakshi was
examined as PW1, One Mr.Manikandan was examined as PW2 and
Mr.Venkatesan was examined as PW3. Through them Exs.P1 to Ex.P.12 were
marked. On the side of the appellant/the 2nd Respondent, no oral evidence let in
and no exhibits marked.
5. The Tribunal, after considering the oral and documentary evidence, held
that the driver of the 1st respondent was responsible for the accident and awarded
compensation of Rs.27,48,300/- with interest @ 7.5% from the date of claim
petition, till the date of realization. Assailing the award, the appellant / The
Manager, Reliance General Ins.Co.Ltd has filed the present appeal.
6. Heard Ms.C.Bhuvanasundari, learned counsel appearing for the
appellant, Mr.C.Richard Suresh Kumar, learned counsel appearing for the
respondent/claimants and perused the materials available on record.
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C.M.A.No.651 of 2022
7. This appeal has been filed only challenging the quantum, hence, the
other issues need not be dealt with herein.
8. In the instant case, according to the claimants, the deceased died at the
age of 32 years, however Ex.P5 driving license of the deceased shows that he was
born on 24.08.1987 and at the time of accident i.e., on 11.05.2018, he had
completed 30 years. It is further case of the claimants that the deceased was
working as a driver at Mahindra Logistics Limited at Chennai and he was paid
Rs.30,000/- per month, but during the trial, they were not able to produce any
documentary evidence. Hence, the Tribunal based on the decision of the Hon'ble
Apex Court in the case of Syed Sadia Vs. United India Insurance Company
[2014 (1) TNMAC 459] fixed notional income as Rs.13,285/- and added 40%
towards future prospects and arrived at Rs.18,599/- as total income. Taking note
of the fact that the deceased died leaving behind his wife, two minor children and
his mother, 1/4th of the income was deducted for his personal expenses and by
applying proper multiplier '16', awarded Rs.26,78,256/- towards loss of
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C.M.A.No.651 of 2022
dependency. In addition, Rs.15,000/- was awarded for loss of estate; Rs.40,000/-
for loss of love and affection and Rs.15,000/- for funeral expenses. The total
amount was rounded off to Rs.27,48,300/-. Considering the facts and
circumstances of the case, we are of the opinion that the Award is fair and
reasonable.
9. In such view of the matter, this Civil Miscellaneous Appeal is dismissed
as devoid of merits. The appellant/ The Manager, Reliance General Ins.Co.Ltd is
directed to deposit the entire award amount of Rs.27,48,300/- with interest at the
rate of 7.5 % from the date of claim petition, till the date of realization 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. Out of the total award amount the 1st
claimant/wife of the deceased is entitled for a sum of Rs.10,00,000/- and the
minor children are entitled for a sum of Rs.7,50,000/- each and the 4th
claimant/mother of the deceased is entitled for Rs.2,48,300/-. On such deposit is
being made, the major claimants are permitted to withdraw their share of the
award amount along with proportionate interest and costs, less the amount already
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C.M.A.No.651 of 2022
withdrawn, if any. In so far as, share of the minor children, the Tribunal is
directed to deposit the same in any of the nationalized bank in a fixed deposit
scheme, till the minors attain majority. Till such time, the interest accrued thereon
shall be withdrawn by the mother of the minor children/1st claimant, once in
three months, directly from the Bank. It is made clear, the claimants are not
entitled for interest during the delay period. No costs. Consequently, connected
miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
23.03.2022
Jer
Intex : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
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C.M.A.No.651 of 2022
To
1.The Motor Accident Claims Tribunal,
II Small Causes Court,
Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.651 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
C.M.A.No.651 of 2022
and
C.M.P.No.4625 of 2022
23.03.2022
https://www.mhc.tn.gov.in/judis
