Madras High Court
Reliance General Insurance vs Sivagami on 20 October, 2022
CMA.Nos.1893 of 2021 & 2295 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.Nos.1893 of 2021 & 2295 of 2022
and
C.M.P.No.10246 of 2021
[CMA.No.1893 of 2021]
Reliance General Insurance,
Plot No.2024, 2nd Avenue, 2nd Floor
Anna Nagar, Chennai-40
... Appellant / 2nd Respondent
Vs.
1.Sivagami
2.Minor Sanjiv
3.Annamalai
4.Kaliammal ... Respondents / Petitioners
5.Mrs.Annes Banu ... Respondent / 1st Respondent
(Minor Sanjiv Rep. by his mother, Sivagami)
https://www.mhc.tn.gov.in/judis
CMA.Nos.1893 of 2021 & 2295 of 2022
[CMA.No.2295 of 2022]
1.Sivagami
2.Minor Sanjiv
3.Annamalai
4.Kaliammal
(Minor Sanjiv Rep. by his mother, Sivagami)
... Appellants / Petitioners
Vs.
1.Mrs.Annes Banu
2.Reliance General Insurance,
Plot No.2024, 2nd Avenue, 2nd Floor
Anna Nagar, Chennai-40 ... Respondents/ Respondents
PRAYER in CMA.No.1893 of 2021 : Appeal filed under Section 173 of the
Motor Vehicle Act, 1988, to set aside the decree and judgment dated
11.03.2020 made in MCOP No.4451 of 2015 on the file of the Motor
Accidents Claims Tribunal in the IV Court of Small Causes, Chennai.
For Petitioner : Mr.K.Vinod
For Respondents : Mr.K.Varadha Kamaraj [R.1, R.3 and R.4]
: [R.2 -Minor rep. by R.1]
: Not ready in notice [R.5]
https://www.mhc.tn.gov.in/judis
CMA.Nos.1893 of 2021 & 2295 of 2022
PRAYER in CMA.No.2295 of 2022 : Appeal filed under Section 173 of the
Motor Vehicle Act, 1988, to enhance the amount awarded in MCOP
No.4451 of 2015 dated 11.03.2020 on the file of the Motor Accidents Claims
Tribunal in the IV Court of Small Causes, Chennai.
For Petitioner : Mr.K.Varadha Kamaraj
For Respondents : Mr.K.Vinod [R.2]
COMMON JUDGEMENT
The above two appeals arise against the order passed by the Motor
Accidents Claims Tribunal before the IV Court of Small Causes, Chennai in
MCOP.No.4451 of 2015.
2. The Insurance company is aggrieved by the fact that despite the
negligence on the part of the deceased in crossing the road at a place not
designated for the same and that too by squeezing into a gap in the central
median no contributory negligence has been fastened on the deceased. On the
contrary, the entire liability has been mulcted on the insurance company. The
insurance company would also question the quantum of compensation stating
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CMA.Nos.1893 of 2021 & 2295 of 2022
that the amount granted under the head of loss of income, consortium, love
and affection etc; was on the higher side. The insurance company had
therefore filed CMA.No.1893 of 2021.
3. The claimants are also aggrieved by the award in as much as,
according to them, the same was inadequate as the Tribunal has only adopted
a notional income of Rs.8,000/-
4. Heard both the counsel.
5. The deceased admittedly was crossing the road at a point not
allocated for pedestrian crossing. Not stopping with that the deceased along
with his cycle was trying to squeeze in between a gap in the central median
when the accident took place. Therefore, by crossing the road at a point not
provided for the same and on account of which the driver of the JCB was
taken by surprise, contributory negligence of 15% has to be fastened on the
deceased. The petitioner claimed that the deceased was a saloon shop owner,
however, the same has not been proved. The Tribunal has adopted a notional
income of Rs.8,000/-. Considering the year of the accident and the age of the
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CMA.Nos.1893 of 2021 & 2295 of 2022
deceased as also the age of his wife and children, the notional income can be
revised to a sum of Rs.10,000/- to which 40% has to be added towards future
prospects. The monthly income would therefore be a sum of Rs.14,000/-. The
annual income would be a sum of Rs.1,68,000/- from out of which 1/4th has
to be deducted towards personal expenses. Therefore, the deceased would be
contributing an annual income of Rs.1,26,000/- to the family. Considering his
age the appropriate multiplier to be adopted is ‘16’. Therefore, the total
amount due under the head of loss of income/loss of dependency would be as
sum of Rs.20,16,000/-. The Tribunal has awarded a sum of Rs.1,25,000/-
under the head of loss of love and affection in addition to a sum of
Rs.40,000/- granted to the wife under the head of loss of consortium.
Therefore, the sum of Rs.1,25,000/- granted under the head of loss of love
and affection has to be reduced to a sum of Rs.1,20,000/-, Therefore, the
enhanced compensation would be a sum of Rs.22,11,000/-. The 2nd
respondent/insurance company [in CMA.No.2295 of 2022] has been fastened
with 85% liability, therefore, the insurance company is bound to pay a sum of
Rs.18,79,350/- .
https://www.mhc.tn.gov.in/judis
CMA.Nos.1893 of 2021 & 2295 of 2022
6. Therefore, the compensation stands enhanced to a sum of
Rs.22,11,000/-, which is as follows:-
S.No Description Amount Amount Award confirmed
awarded by awarded by or enhanced or
Tribunal this Court granted or
(Rs) (Rs) reduced
1. Loss of dependency 16,12,800/- 20,16,000/- Enhanced
2. Loss of Consortium 40,000/- 40,000/- Confirmed
3. Loss of Estate 15,000/- 15,000/- Confirmed
4. Funeral Expenses 15,000/- 15,000/- Confirmed
5. Loss of love and 1,25,000/- 1,20,000/- Reduced
affection
6. Transportation Expenses 5,000/- 5,000/- Confirmed
TOTAL 18,12,800/- 22,11,000/- enhanced by
Rs.3,98,200/-
7. Therefore, the Civil Miscellaneous Appeal No.1893 of 2021 is
partly allowed and the Civil Miscellaneous Appeal No.2295 of 2022 is
allowed and the award of the Tribunal be and hereby is enhanced to a sum of
Rs.22,11,000/- from Rs.18,12,800 /- together with interest @ 7.5 % per
annum from the date of petition till the date of deposit. In all other respects
the award of the Tribunal is confirmed. The 2nd respondent/insurance
company [in CMA.No.2295 of 2022] is directed to deposit the amount
[ (Rs.18,79,350/-) 85% of Rs.22,11,000] to the credit of MCOP No.4451 of
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CMA.Nos.1893 of 2021 & 2295 of 2022
2015 on the file of the Motor Accidents Claims Tribunal in the IV Court of
Small Causes, Chennai together with interest @ 7.5% per annum from the
date of claim petition till the date of deposit and costs as awarded by the
Tribunal, less, the amount, if any already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgement. The petitioners
[in CMA.No.2295 of 2022] shall forfeit the remaining 15% of the award
amount due to the deceased's contributory negligence On such deposit being
made, the petitioners/claimants 1, 3 and 4 [in CMA.No.2295 of 2022] are
permitted to withdraw their respective shares from the award amount now
determined by this Court along with interest and costs, after adjusting the
amount if any already withdrawn as apportioned by the Tribunal. Since the
2nd appellant being a minor in MCOP.No.4451 of 2015, his respective share
of award amount as apportioned by the Tribunal shall be deposited in an
interest bearing fixed deposit in any Nationalized bank till he attains majority.
However, the accrued interest under the fixed deposit shall be permitted to be
withdrawn by the mother/1st petitioner [in CMA.No.2295 of 2022] once in 3
months directly from the bank. If the minor has attained the age of majority, it
is open to him to file a formal petition before the Tribunal to get his share of
apportionment. The petitioners/appellants [in CMA.No.2295 of 2022] shall
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CMA.Nos.1893 of 2021 & 2295 of 2022
pay the Court fee for the enhanced amount, if payable. The Tribunal shall not
disburse of the amount till such time as the certified copy showing proof of
entire payment of Court fee has been produced. No costs. Consequently, the
connected Miscellaneous Petition is closed.
20.10.2022
Index : Yes/No
Internet: Yes/No
shr
To
1. The Motor Accidents Claims Tribunal,
IV Court of Small Causes, Chennai.
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CMA.Nos.1893 of 2021 & 2295 of 2022
P.T. ASHA, J,
shr
CMA.Nos.1893 of 2021 & 2295 of 2022
and
C.M.P.No.10246 of 2021
20.10.2022
https://www.mhc.tn.gov.in/judis
