Madras High Court
Murugaiyan vs Palanichami on 26 April, 2023
C.M.A.(MD)No.314 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.314 of 2023
1.Murugaiyan
2.Nagalakshmi
3.Saravanakumar ...Appellants/Petitioners
Vs.
1.Palanichami
2.The Branch Manager,
New India Assurance Company Ltd.,
Trichy. ...Respondents/Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section173 of Motor
Vehicles Act, 1988, to enhance the compensation to the tune of Rs.6,00,000/- in
addition to compensation awarded by the Tribunal and set aside the judgment and
decree made in M.C.O.P.No.164 of 2019 dated 14.12.2022 by the Motor Accident
Claims Tribunal/Special Court for E.C. & NDPS Act Cases, Pudukkottai.
For Appellant : Mr.A.Banumathy
For R2 : Mr.A.Ilango
JUDGMENT
Challenging the quantum fixed by the Motor Accident Claims Tribunal in
M.C.O.P.No.164 of 2019, dated 14.12.2022, the present appeal had been filed.
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C.M.A.(MD)No.314 of 2023
2.For the sake of convenience, the parties herein are referred to as per their
rank before the Tribunal.
3.The brief facts, leading to the filing of the civil miscellaneous appeal, are
as follows:-
(i) On 19.11.2018 at about 3.45 p.m., while the deceased was riding his
two wheeler in TN-55-BC-1701, keeping his son as pillion rider. The vehicle
bearing registration No.TN-55-Y-1615 was parked without any indication in the
high way road, due to which, the two wheeler dashed against the vehicle and as a
result, the deceased succumbed to injuries.
(ii) The deceased was aged about 25 years and he was an MBA graduate.
He was under training at District Employment Office to get the job of Forest
Ranger.
(ii)The second respondent before the Tribunal took a stand that the
vehicle was parked on the left side of the road with due care and caution due to
some repair. At that time, the two wheeler driven by the deceased in a rash and
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C.M.A.(MD)No.314 of 2023
negligent manner without adhearing to traffic rules, hit against the vehicle from
the behind. The deceased was only negligent in driving the vehicle. Hence, he
opposed the claim petition.
4.Before the Tribunal, on the side of the claimants, P.W.1 and P.W.2 were
examined and Ex.P1 to Ex.P9 were marked. On the side of the respondents, R.W.1
and R.W 2 were examined and Ex.R1 to Ex.R7 were marked.
5.The Tribunal after analysing the evidence on record had awarded the
compensation as follows:
S.No. Head Amount
1. Loss of income and Loss of Rs.13,60,800/-
dependency
2. Loss of Estate Rs. 15,000/-
3. Loss of Consortium Rs. 40,000/-
4. Funeral and Transportation Expenses Rs. 15,000/-
Total Rs.14,30,800/-
6.The only ground on which the present appeal is filed is that the Tribunal
had not granted any compensation under the head of 'Loss of Consortium' to one
of the parents of the deceased.
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C.M.A.(MD)No.314 of 2023
7.The learned counsel for the Insurance Company fairly submitted that the
Tribunal had only awarded a sum of Rs.40,000/- towards loss of consortium and
the same is not valid. The Tribunal ought to have granted another Rs.40,000/-
towards loss of consortium and the same may be granted to the claimants.
8.In view of the above submission, a sum of Rs.40,000/- (Rupees Forty
Thousand only) is added under the head 'Loss of Consortium'. The compensation
awarded under the other heads is confirmed, as the other aspects are not canvassed
before this Court. In fine, the claimants are entitled to the following
compensation.
S.No. Head Amount
1. Loss of income and Loss of Rs.13,60,800/-
dependency
2. Loss of Estate Rs. 15,000/-
3. Loss of Consortium Rs. 80,000/-
4. Funeral and Transportation Expenses Rs. 15,000/-
Total Rs.14,70,800/-
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C.M.A.(MD)No.314 of 2023
9.In the result, the compensation awarded by the Tribunal is enhanced and
the Civil Miscellaneous Petition is allowed.
10.The Insurance Company is directed to deposit the entire compensation as
modified by this Court with interest and costs at the first instance to the credit of
M.C.O.P.No.164 of 2019, on the file of the Motor Accident Claims Tribunal /
Special Court for E.C. and NDPS Act Cases, Pudukottai within a period of one
month from the date of receipt of a copy of this judgment, less the amount, if any
already deposited and thereafter, the Insurance Company is entitled to recover the
same from the first respondent. The claimants are entitled to withdraw the award
amount as apportioned by the Tribunal by filing necessary application before the
Tribunal. No costs.
26.04.2023
NCC : Yes / No
Index : Yes/No
Internet : Yes/No
ta
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.314 of 2023
N.SATHISH KUMAR, J.
ta
To
1.The Motor Accident Claims Tribunal
/Special Court for E.C. & NDPS Act Cases, Pudukkottai
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
C.M.A.(MD)No.314 of 2023
26.04.2023
https://www.mhc.tn.gov.in/judis
