The Branch Manager vs Eshwari
2022 Latest Caselaw 6069 Mad

                                                                            C.M.A.No.27 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 24.03.2022

                                                   CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                              C.M.A.No.27 of 2022
                                                     and
                                              C.M.P.No.187 of 2022

                  The Branch Manager,
                  Shriram General Insurance Co.Ltd.,
                  Branch Office,
                  1st Floor, Front Portion,
                  No.5F, Sachin Plaza,
                  Reddiyar Block No.1,
                  Salem 636 016                                                 ... Appellant

                                                       vs.

                  1. Eshwari
                  2. Minor Rajkumar
                  3. Minor Mahalakshmi
                  4. Muthamma
                  5. Annaiyappa
                  6. R.Vaiyapuri                                            ... Respondents

                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                  Motor Vehicles Act, 1988 against the decree and judgement dated
                  01.09.2018 made in M.C.O.P.No.102 of 2016 on the file of the Motor
                  Accident Claims Tribunal, Additional District Court, Hosur.




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https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.No.27 of 2022




                                  For Appellant                :   Mr.S.Dhakshinamoorthy
                                  For Respondents-1, 4 & 5     :   Served – No Appearance
                                  For Respondents-2 & 3        :   Minors, Rep by R1
                                  For Respondent-6             :   Not ready in notice

                                                      JUDGMENT

The Insurance Company has challenged the award passed by the

learned Additional District Judge, Hosur, (MACT) in M.C.O.P.No.102 of

2016 dated 01.09.2018, on the ground of quantum.

2. Challenge is only on the ground that the notional income that

has been fixed by the Tribunal is excessive and that the amounts granted

under the conventional heads were also not as per the judgement of the

Hon'ble Supreme Court, reported in (2017) 16 SCC 680 [ National

Insurance Company Ltd., -vs- Pranay Sethi and Others).

3. A perusal of the award would indicate that although the

claimants would contend that the deceased was an agriculturist doing

business in mango, tamarind and other vegetables and was earning not less

than Rs.25,000/- per month, and since they have not proved the same, the

Tribunal had adopted a notional income of Rs.12,000/- for an accident that

https://www.mhc.tn.gov.in/judis C.M.A.No.27 of 2022

had taken place in the year 2015, being a skilled worker. The Tribunal

below had added future prospects at 40% and had deducted 1/4 th towards

personal expenses of the deceased and arrived at a sum of Rs.9,000/- and

adopted a multiplier of 15, which is very much in keeping with various

judgements. The claimants 1 to 3 are the wife and two minor children and

claimants 4 and 5 are the parents of the deceased Ramesh. The Tribunal

had awarded only a sum of Rs.50,000/- under the head of filial consortium

(Loss of Love and Affection). The amounts granted under the conventional

heads are very much in keeping with the judgement cited supra. Therefore,

I do not find any reason to interfere with the order of the Tribunal below.

According, the civil miscellaneous appeal is dismissed. No costs.

Consequently, connected miscellaneous appeal is also closed.

24.03.2022 Index : Yes/No Speaking / Non-speaking order srn To

1. The Additional District Judge (MACT), Hosur

2. The Section Officer, V.R.Section, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.27 of 2022

P.T.ASHA, J.,

srn

C.M.A.No.27 of 2022 and C.M.P.No.187 of 2022

24.03.2022

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