Madras High Court
The New India Assurance Co. vs Sitalakshmi .. 1St on 7 September, 2022
C.M.A.(MD)No.530 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
C.M.A.(MD)No.530 of 2018 and C.M.P(MD)No.6243 of 2018
and
Cross Objection (MD)No.27 of 2021
C.M.A.(MD)No.530 of 2018:
The New India Assurance Co., Ltd.,
through its Divisional Manager,
Sharon Building,
No.161A, East Veli Street,
Madurai. .. Appellant/2nd Respondent
Vs.
1.Sitalakshmi .. 1st Respondent/ Petitioner
2.Gomathi .. 2nd Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the award and decree, dated 30.11.2017
made in M.C.O.P.No.1519 of 2016, on the file of the Motor Accidents
Page 1 of 8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.530 of 2018
Claims Tribunal/V-Additional District Judge, Madurai.
For Appellant : Mr.N.Dilip Kumar
For Respondent No.1 : Mr.S.M.Mohan Gandhi
For Respondent No.2 : No appearance
Cross Objection (MD)No.27 of 2021:
Sitalakshmi .. Cross Objector/1st Respondent/
Claimant
Vs.
1.Gomathi .. 1st Respondent/ 2nd Respondent/
1st Respondent
2.The New India Assurance Co., Ltd.,
through its Divisional Manager,
Sharon Building,
No.161A, East Veli Street,
Madurai. .. 2nd Respondent/ Appellant/
2nd Respondent
PRAYER: Cross Objection filed under Order 41 Rule 22 of the Civil
Procedure Code r/w Section 173 of the Motor Vehicles Act, 1988, against
the award and decree, dated 30.11.2017 made in M.C.O.P.No.1519 of 2016,
on the file of the Motor Accidents Claims Tribunal/V-Additional District
Judge, Madurai.
Page 2 of 8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.530 of 2018
For Appellant : Mr.S.M.Mohan Gandhi
For Respondent No.1 : No appearance
For Respondent No.2 : Mr.N.Dilip Kumar
COMMON JUDGMENT
J.NISHA BANU, J.
and
N.ANAND VENKATESH, J.
The New India Assurance Company Limited has filed the appeal
challenging the award passed by the Motor Accidents Claims Tribunal
(hereinafter referred to as 'MACT'), Madurai, in M.C.O.P.No.1519/2016,
dated 30.11.2017, wherein the Tribunal had directed the Insurance Company
to pay a total compensation of Rs.27,03,500/- along with interest at the rate
of 7.5% from the date of petition till the date of payment.
2. The claimant has filed the cross objection seeking for
enhancement of compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.530 of 2018
3. The husband of the claimant was driving a four wheeler on
29.01.2015 at about 14.30 hours on Virudhunagar – Erichanatham main
road and was proceeding from east to west. While so, the lorry belonging to
the second respondent was driven in a rash and negligent manner and there
was a head on collision with the vehicle driven by the deceased. The
deceased sustained grievous injuries and he succumbed to his injuries on
22.09.2015.
4. The first respondent/claimant filed a claim petition and sought for
compensation from the Insurance Company in which the lorry belonging to
the second respondent was insured.
5. The MACT, after considering the facts and circumstances of the
case and on appreciation of oral and documentary evidence, came to a
conclusion that the accident took place due to rash and negligent driving of
the driver of the lorry. Accordingly, the compensation was fixed under
various heads and a sum of Rs.27,03,500/- was awarded in favour of the
claimant along with interest. Aggrieved by the same, the appeal has been
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.530 of 2018
filed by the Insurance Company mainly questioning the quantum of
compensation and cross objection has been filed by the claimant seeking for
enhancement of compensation.
6. Heard Mr.N.Dilip Kumar appearing for the appellant/New India
Assurance Company and Mr.S.M.Mohan Gandhi appearing for the first
respondent/claimant/cross objector.
7.Insofar as the quantum of compensation is concerned, the Tribunal
took into consideration the fact that the deceased was an ex-serviceman and
he was doing various businesses like mineral water dealership and travels.
The Tribunal fixed the monthly income of the deceased at Rs.30,000/-, on
approximation after considering the various documents that were marked on
the side of the claimant.
8. This Court, on considering the materials available on record and
the finding of the Tribunal, deems it fit to modify the award amount by
fixing the monthly income at Rs.27,500/-. In view of the above, the total
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.530 of 2018
compensation is calculated as follows:
Sl.No. Heads Amount
Rs.
1. Loss of Income 24,19,956/-
➢ Rs.27,500/- being monthly income,
1/3rd deducted towards personal
expenses works out to
➢ [27,500- (27,500x1/3)
➢ 27500-9167=18,333/-]
➢ for 12 months
➢ [18,333x12=2,19,996/-]
➢ adding multiplier 11
➢ [2,19,996x11=24,19,956/]
2. Transport Charges 2,500/-
3. For damage of clothing and other articles 1,000/-
4. Funeral Expenses 10,000/-
5. Loss of consortium 25,000/-
6. Loss of love and affection 25,000/-
Total 24,83,456/-
9.The award amount fixed by the Tribunal is modified and this Court
fixes the total compensation at Rs.24,83,456/- along with interest at the rate
of 7.5% from the date of petition till the date of realisation with cost.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.530 of 2018
10. This Court, while entertaining the appeal had directed the
Insurance Company to pay the entire award amount with accrued interest
and also permitted the claimant to withdraw 35% of the amount so
deposited. In view of the modification of the total compensation, the
Insurance Company is entitled to withdraw the excess amount deposited
along with accrued interest. The claimant is also permitted to withdraw the
remaining award amount along with accrued interest.
11. Both the civil miscellaneous appeal and the cross-objection are
disposed off accordingly. No Costs. Consequently, connected miscellaneous
petition is closed.
[J.N.B., J.] [N.A.V., J.]
07.09.2022
Index : Yes/No
Internet : Yes
PJL
To
The V-Additional District Judge/Motor Accidents Claims Tribunal,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.530 of 2018
J.NISHA BANU,J.
and
N.ANAND VENKATESH, J.
PJL
C.M.A.(MD)No.530 of 2018
07.09.2022
https://www.mhc.tn.gov.in/judis
