Madras High Court
Cholamandalam Ms General ... vs Ranuka Devi on 29 March, 2022
C.M.A.No.1331 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE :29.03.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.1331 of 2021 &
C.M.P.No.6722 of 2021
Cholamandalam MS General Insurance Company Limited,
3rd Floor, No.443, Megunam Towers,
Dr.Nanjappa Raod,
Gandhipuram, Coimbatore. ... Appellant
vs.
1. Ranuka Devi
2. Sivaprasath (minor)
(2nd respondent minor rep. by the first respondent)
3. Ramakrishnana
4. Visalatchi
5. Prabakaran
6. Muthusamy ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988, against the Judgment and Decree made in
MCOP.No.1587 of 2016 dated 30.08.2019 on the file of the Motor Accident
Claims Tribunal, III Additional District & Sessions Court, Coimbatore.
For Appellant : Mr.M.B.Raghavan
For R1 to R4 : Mr.K.Selvakumar
For R5 : No appearance
For R6 : Mr.A.Sathish Kumar
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C.M.A.No.1331 of 2021
JUDGMENT
(Judgment of the Court was made by K.KALYANASUNDARAM, J.,)
Challenging the award passed in M.C.O.P.No.1587 of 2016 dated
30.08.2019 by the Motor Accident Claims Tribunal (III Additional District
Court), Coimbatore, the present appeal has been filed by the Insurance
Company.
2.The respondents 1 to 4 are the legal heirs of the deceased –
Ravichandran. According to the respondents/claimants the deceased was
riding a Motor cycle bearing Registration No.TN 99 B 7977 from West to
East near Chettipalayam – Palladam Road at 11.30 a.m., on 23.03.2016. At
that time, a lorry bearing Registration No.TN 99 D 2133 which was coming
from opposite direction, driven by its driver in a rash and negligent manner,
hit against the motor cycle. In the accident, he sustained fatal injuries and
died on the spot. It is the further case of the claimants that the deceased-
Ravichandran was 51 years old, at the time of accident and his annual
income was Rs.3,51,350/- and he was running a business in the name and
style of Sri Krishna Textiles. Hence, they are entitled for total compensation
of Rs.30 lakhs.
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C.M.A.No.1331 of 2021
3.In the counter, the appellant has denied the allegations made in the
claim petition and prayed for dismissal of the same.
4.During trial, the claimants examined P.W.2-Ramakrishnan and
P.W.3-Velusamy who are said to have witnessed the accident. Through
them they filed Ex.P.15 to 18 and 21.
5.The Tribunal based on the evidence of P.W.2 and 3 and Ex.P.1-First
Information Report held that the accident occurred due to the negligence of
the driver of the lorry and awarded total compensation of Rs.28,92,688/-
along with interest at the rate of 7.5% per annum.
6.Questioning the same, the present appeal has been filed.
7.The learned counsel for the appellant, Mr.M.B.Raghavan, would
urge that the deceased is a business man and the evidence of P.W.1 and
Ex.P.18 would reveal that even after the accident and the death of the
deceased, the business is being run by the claimants. Hence, fixing the
income at Rs.25,920/- based on the income tax return-Ex.P.17 cannot be
sustained.
8.Per contra, the learned counsel for the respondents/claimants would
argue that P.W.1 has categorically stated in her evidence that the deceased is
an expert in the Textile business and in his absence, it is very difficult for
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C.M.A.No.1331 of 2021
the claimants to run it. On the other hand they have stated that they have to
engage an expert to compensate the loss of the deceased.
9.Heard the rival submissions and perused the materials available on
record.
10.This appeal has been filed, only challenging the quantum.
Therefore, this Court confirms the decision reached by the Tribunal on the
aspect of negligence and liability.
11.The Tribunal fixed the income of the deceased as Rs.25,920/- on
the basis of the income tax return-Ex.P.17. Perusal of the evidence of P.W.1
and Ex.P.18 would show that even after the death of the deceased, the
claimants are running the business. Hence, the income fixed by the Tribunal
cannot be sustained. Therefore, it would be appropriate to fix the income at
Rs.18,000/- and by adding 10 % towards future prospectus, the total
monthly income of the deceased would be Rs.19,800/-. Deducting 1/4 th
towards personal expenses, the amount under the head ‘loss of dependency’
would be Rs.19,60,200/- (Rs.14850/- x 12 x 10 % x ¾). As per the decision
of the Hon’ble Apex Court in the case of Magma General Insurance
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C.M.A.No.1331 of 2021
Company Vs. Nanuram @ Chuhru Ram and Others, the claimants are
entitled for Rs.40,000/- each for loss of consortium. Hence, the amount
awarded under the head ‘Consortium’ is enhanced to Rs.1,60,000/-.
Amounts awarded under the heads ‘Loss of estate’ and ‘Funeral expenses’
are confirmed. Thus the amount awarded by the Tribunal is recalculated as
follows: -
Sl.No. Particulars Amount Amount Enhanced/
awarded by the awarded by this granted/
Tribunal in Rs. Court in Rs. confirmed/
reduced/
set aside
1 Loss of 28,22,688/- 19,60,200/- Reduced
dependency
2 Loss of estate 15,000/- 15,000/- Confirmed
3 Consortium 40,000/- 1,60,000/- Enhanced
4 Funeral 15,000/- 15,000/- Confirmed
Expenses
Total 28,92,688/- 21,50,200/- Reduced
12.In view of the above, this Civil MiscellaneousAppeal is partly
allowed and the amount of Rs.28,92,688/- is reduced to Rs.21,50,000/-. Out
of the total award amount the 1st claimant/wife of the deceased is entitled
for a sum of Rs.10,50,000/-and minor child/2nd claimant is entitled for a
sum of Rs.5,00,000/- and the 3rd and 4th claimants/parents of the deceased is
entitled for Rs.3,00,000/- each. The rate of interest is 7.5% per annum from
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C.M.A.No.1331 of 2021
the date of claim petition till the date of deposit. The appellant/Insurance
Company is directed to deposit the award amount, now determined by this
Court, along with interest and costs, within a period of six weeks from the
date of receipt of a copy of this judgment. 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
withdrawn, if any. In so far as, share of the minor child, the Tribunal is
directed to deposit the same in any of the nationalized bank in a fixed
deposit scheme, till the minor attains 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.
13.In fine, this Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently connected miscellaneous petition is closed.
(M.K.K.S.J.,) (V.S.G.J.,)
29.03.2022
Jer
Index:Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
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C.M.A.No.1331 of 2021
To
1.The Motor Accident Claims Tribunal, III Additional District and Sessions
Court,Coimbatore.
2.The Section Officer, V.R.Section, High Court of Madras.
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C.M.A.No.1331 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
C.M.A.No.1331 of 2021 &
CMP.No.6722 of 2021
29.03.2022
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