Madras High Court
The Reliance General Insurance ... vs C.Alamelu on 10 October, 2022
C.M.A.No.1877 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MRS. JUSTICE N. MALA
C.M.A.No.1877 of 2018
and
C.M.P.No.14483 of 2018
The Reliance General Insurance Co. Ltd.,
No.6, Haddows Road,
Nungambakkam, Chennai - 600 034. ... Appellant
Vs.
1.C.Alamelu
2.V.Chellappan
3.M.Kumaran ... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree, dated 10.11.2017, in
M.C.O.P.No.16 of 2017 on the file of the Motor Accident Claims Tribunal,
Special District Court, Tiruvallur.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
C.M.A.No.1877 of 2018
For Appellant : Mr.P.Vijayalakshmi
for M/s.S.Arun Kumar
For R1 : No appearance
R2 : Service awaited
R3 : Notice dispensed with
vide order dated 19.09.2022
JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
As against the award of compensation by the Motor Accident Claims
Tribunal-I, Special District Court, Tiruvallur (“the Tribunal” for brevity),
dated 10.11.2017, in M.C.O.P.No.16 of 2017, the above appeal is preferred
by the Insurance Company.
2.The respondents 1 and 2 are the claimants in M.C.O.P.No.16 of
2017, who are the parents of the deceased, who met with a fatal accident on
09.11.2016 and died as a result of the accident. On the fateful day, the
deceased was driving his two-wheeler. It is stated that, due to the rash and
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C.M.A.No.1877 of 2018
negligent driving of the vehicle belonging to the 3 rd respondent, the accident
took place, as a result of which, the son of the claimants (respondents 1 and
2 in this appeal), suffered grievous injuries on his head and ultimately, he
succumbed to the injuries, while he was taking treatment in the Hospital for
the injuries sustained by him.
3.The claimants examined the 2nd respondent/mother of the deceased
as P.W.1. The fact that the deceased was aged about 21 years at the time of
the accident was proved by documentary evidence, apart from the oral
evidence of P.W.1. Though it was contended by the Insurance Company that
the deceased was not holding a valid driving licence at the time of the
accident, no oral or documentary evidence was produced by the Insurance
Company before the Tribunal to substantiate the same. The postmortem
certificate (Ex.P4) and the driving licence of the deceased (Ex.P10) were
relied upon by the Tribunal. The Tribunal held that the accident occurred
due to the rash and negligent driving of the driver of the vehicle that belongs
to the 3rd respondent. Therefore, the Tribunal held that the
appellant/Insurance Company is liable to pay the entire compensation.
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C.M.A.No.1877 of 2018
4.As regards the quantum of compensation, the deceased was working
in the Marketing Section of a Security Company, namely, Axis Security
Limited. It was claimed by the claimants that the deceased was earning a
sum of Rs.16,000/- per month. P.W.3, Senior Head of the employer of the
deceased, deposed to the effect that the deceased was a permanent employee
of M/s.Axis Security Limited and he was drawing a salary of Rs.24,594/-
per month, however, in the cross-examination, he has stated that the basic
salary of the deceased was Rs.10,000/- and the remaining amount was given
as additional allowance for his efficiency. Therefore, the Tribunal safely
fixed the monthly salary of the deceased at Rs.15,000/- and having regard to
the increments which the deceased would have got if he was alive, 50% of
the actual salary was added towards future prospects and the monthly
income of the deceased was fixed by the Tribunal at Rs.22,500/-. Since the
deceased died at the age of 21 years as a bachelor, 50% of the monthly
salary was deducted towards the deceased's personal expenses and his take
home salary for the purpose of calculating the loss of income was arrived at
Rs.11,250/-. After adopting 18 as multiplier, a sum of Rs.24,30,000/- was
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C.M.A.No.1877 of 2018
fixed towards loss of income. Further, a sum of Rs.25,000/- was allowed
towards funeral expenses and a sum of Rs.50,000/- alone was granted
towards loss of love and affection. The Tribunal awarded a compensation of
Rs.25,05,000/-, in all. The Tribunal has only awarded interest @ 7.5% p.a.
from the date of the petition, i.e., 02.02.2017 till the date of deposit. The
claimants have no grievance on the apportionment.
5.This Court is unable to find any irregularity or legal infirmity in the
award of the Tribunal, fixing the compensation at Rs.25,05,000/- with
interest @ 7.5% p.a. This Court finds no merit in this appeal. Accordingly,
this Civil Miscellaneous Appeal is dismissed. However, there shall be no
order as to costs. Consequently, connected miscellaneous petition is closed.
(S.S.S.R., J.) (N.M., J.)
mkn 10.10.2022
Internet : Yes
Index : Yes / No
To
The Special District Judge,
https://www.mhc.tn.gov.in/judis
C.M.A.No.1877 of 2018
(Motor Accident Claims Tribunal),
Tiruvallur.
S.S. SUNDAR, J.
and
N. MALA, J.
mkn
C.M.A.No.1877 of 2018
10.10.2022
https://www.mhc.tn.gov.in/judis
