Madras High Court
The Divisional Manager vs Mariammal on 5 September, 2022
CMA (MD)No.181 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CMA (MD)No.181 of 2018
and CMP(MD) No.2613 of 2018
The Divisional Manager,
M/s.The Oriental Insurance Company Limited
No.5-A Bharathidasan Salai
Cantonment
Trichy District. .. Appellant/
2nd respondent
Vs.
1.Mariammal
2.William Thomas
3.Rexlin .. Respondents/
petitioners 1 to 3
4.M/s.A.R.Dairy Food Private Limited,
Rep. by its Managing Director,
No.10/5C Madurai Road
Begambur
Dindigul District
5.Murugesan
Page 1 of 7
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CMA (MD)No.181 of 2018
6.The Divisional Manager,
M/s.National Insurance Company Limited
No.33 Promenade Road,
Cantonment
Trichy District .. Respondents/respondents
Prayer : Civil Miscellaneous Appeals are filed under Section 173 of the
Motor Vehicles Act, 1988 against the award made in MCOP No.508/2014
dated 25.10.2017 on the file of the Motor Accident Claims Tribunal cum
Special District Judge, Trichirappalli.
For appellant : Mr.C.Jawahar Ravindran
For Claimant : No appearance for R1 to R5
Mr.S.Srinivasaraghavan for
R6
JUDGMENT
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
This appeal was filed by the Oriental Insurance Company limited
challenging the award passed by the Motor Accident Claims Tribunal,
Trichy, in MCOP No.508/2014, whereby 50% of the liability was
apportioned and the appellant was directed to pay the same.
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CMA (MD)No.181 of 2018
2.Heard the learned counsel for the appellant and the learned counsel
for the 6th respondent.
3.It was brought to the notice of this Court that the National
Insurance Company Limited had challenged the award passed by the Motor
Accident Claims Tribunal, Trichy, with respect to 50% liability that was
apportioned to National Insurance Company limited, in CMA(MD) No.
665/2018. This appeal was taken up for final hearing by the Division Bench
on 10.04.2019 and the following order was passed:
“8.The main contention of the learned counsel for
the appellant/Insurance Company is that after
retirement, there is no scope for re-employment for the
deceased and no evidence was produced on record.
9.The Division Bench of this Court in 2013(2)TN
MAC 113, 2013(2) TN MAC 729, 2014(1) TN MAC
334 and 2015(2) TN MAC 449 and Kerala High
Court in 2016(1) TN MAC 493 applied split multiplier
theory in similar facts. According to the age of the
deceased, proper multiplier is '9'. It is not in dispute that
the salary of the deceased is Rs.42,784/- and by adding
15% towards future prospects, the income of the
deceased comes to Rs.49,202/- and after deducting 1/3rd
towards his personal and living expenses, the
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CMA (MD)No.181 of 2018
contribution to the family comes to Rs.32,802/-. By
applying split multiplier, the claimants are entitled to Rs.
3,93,624/-for the left over service and for the remaining
period, by taking 50% of the salary, this Court awards Rs.
15,74,496/-. Hence, the total loss of income is arrived at
Rs.19,68,120/-. Further, this Court awards a sum of Rs.
70,000/- towards conventional damages. In total, the
claimants are entitled to Rs.20,38,120/- which is rounded
off to Rs.20,39,000/-. Interest rate awarded by the
Tribunal is maintained. As per the award of the Tribunal,
the appellant and fifth respondent shall pay the award
amount at the ratio of 50:50.
10.In the result, the Civil Miscellaneous Appeal is
partly allowed, by reducing the compensation from Rs.
39,57,616/- to Rs.20,39,000/- with interest at 7.5% pa.,
from the date of claim petition till the date of realization.
Out of the above said award amount, the first claimant is
entitled to a sum of Rs.14,39,000/- and the claimants 2
and 3 are each entitled to a sum of Rs. 3 lakhs.
11.In view of the disposal of the appeal, the
appellant and fifth respondent/Insurance Companies are
directed to deposit 50% of the modified award amount
with proportionate accrued interest and costs, less the
award amount, if any, deposited by them, to the credit of
claim petition, within a period of eight weeks from the
date of receipt of a copy of this order. On such deposit,
the claimants are permitted to withdraw their share, as
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CMA (MD)No.181 of 2018
apportioned by this Court, referred to supra, with
proportionate accrued interest and costs, by filing
necessary application before the Tribunal. No costs.
Consequently, connected Civil Miscellaneous Petition is
closed.”
4.It is clear from the above that the award passed by the Tribunal has
been interfered with respect to the quantum and it has been reduced from
Rs.39,57,616/- to Rs.20,39,000/-. The same has to be taken into
consideration, while disposing of this appeal also and there shall be a
direction to the appellant to deposit 50% of the modified award amount with
proportionate accrued interest and costs, after deducting the amount that has
already been deposited by the appellant company. This direction will be
carried out only if the appellant company had not deposited the amount,
pursuant to the earlier order passed in CMA(MD) No.665 of 2018.
Accordingly, this civil miscellaneous appeal is disposed of. No costs.
Consequently connected Miscellaneous Petition is closed.
(J.N.B.,J.) (N.A.V.,J.)
06.09.2022
Index : Yes/No
Internet : Yes
RR
https://www.mhc.tn.gov.in/judis
CMA (MD)No.181 of 2018
To
1.The Motor Accident Claims Tribunal
cum Special District Judge, Trichirappalli.
2.The VR Section
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CMA (MD)No.181 of 2018
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
RR
CMA (MD)No.181 of 2019
06.09.2022
https://www.mhc.tn.gov.in/judis
