Madras High Court
The Manager (Legal) vs Hajira Beevi on 14 August, 2023
C.M.A.(MD)No.139 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.08.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.M.A.(MD)No.139 of 2018
and
C.M.P.(MD)No.2005 of 2018
The Manager (Legal)
Cholamandalam General Insurance Co. Ltd.,
3 & 4, Dindigul High Road
Near Sri E.N.T.Hospital
Kalavasal, Madurai. ... Appellant/
Respondent No.2
Vs.
1. Hajira Beevi
2. Sadiq Batch
3. Mohamed Mohaideen
4. Rahmath Nisha ... Respondents/
Petitioners
5. Sundar ... Respondent/
1st Respondent
Prayer : This Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, to set aside the fair and decreetal order dated
1/8
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C.M.A.(MD)No.139 of 2018
30.08.2017 made in M.C.O.P.No.1300 of 2016 on the file of Motor
Accident Claims Tribunal (Special Sub Court), Thanjavur and allow this
Civil Miscellaneous appeal.
For Appellant : Mr.S.Srinivasa Raghavan
For R1 to R4 : Mr.G.Karnan
For R5 : Given up
JUDGMENT
The Civil Miscellaneous Appeal is directed against the award
passed in M.C.O.P.No.1300 of 2016 dated 30.08.2017 on the file of the
Motor Accident Claims Tribunal/Special Sub Court, Thanjavur.
2. The appellant/insurer, who was made liable to pay compensation
of Rs.6,11,000/- (Rupees Six Lakhs and Eleven Thousand only) with
interest at 7.5% per annum to the respondents 1 to 4/claimants for the
death of one Haja Mohaideen, consequent to an accident occurred on
11.07.2016, challenged the quantum of compensation awarded at, by the
Tribunal.
3. Admittedly, the first respondent/first claimant is the wife, the
respondents 2 and 3/claimants 2 and 3 are the sons and the fourth
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C.M.A.(MD)No.139 of 2018
respondent/fourth claimant is the daughter of the deceased Haja
Mohaideen.
4. The learned counsel appearing for the appellant/insurer would
submit that the Tribunal has granted Rs.1,00,000/- (Rupees One Lakh
only) for loss of spousal consortium, Rs.1,50,000/- (Rupees One Lakh and
Fifty Thousand only) for loss of love and affection and Rs.25,000/-
(Rupees Twenty Five Thousand only) for funeral expenses.
5. The learned counsel appearing for the respondents 1 to 4/
claimants would fairly concede that subsequent to the judgment of the
Hon'ble Supreme Court in the case of National Insurance Company
Limited Vs. Pranay Sethi and others reported in 2017 (2) TN MAC 609
(SC), no amount can be awarded towards future prospects, as the deceased
was aged 65 years at the time of accident.
6. Regarding consortium and love and affection, our Hon'ble
Supreme Court in Pranay Sethi's case has permitted to award Rs.40,000/-
towards spousal consortium. But, subsequently, the Hon'ble Supreme
Court in Magma General Insurance Company Ltd, Vs. Nanu Ram alias
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.139 of 2018
Chuhru Ram and others reported in (2018) 18 SCC 130, has held that the
right to consortium would include the company, care, help, comfort, love
and affection, guidance, solace, etc., which is a loss to his family. The
Hon'ble Supreme Court interpreted consortium to be a compendious term,
which encompasses (i) spousal consortium, to be awarded to the surviving
spouse, (ii) parental consortium to be awarded to the children upon the
premature death of their parents and (iii) filial consortium to be awarded to
the parents for the loss of their children. Recently, the Hon'ble Apex Court
in The New India Assurance Company Ltd. Vs. Smt.Somwati and
others, has reiterated the above position and further held that the amount
to be awarded for loss of consortium will be as per the amount fixed in
Pranay Sethi's case. But, at the same time, they have specifically observed
that no amount should be awarded under the separate head of loss of love
and affection.
7. The respondents 1 to 4/claimants being the wife, sons and
daughter of the deceased Haja Mohaideen, the first respondent/first
claimant is entitled to get Rs.40,000/- towards loss of spousal consortium
and the respondents 2 to 4/claimants 2 to 4 are entitled to get Rs.40,000/-
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C.M.A.(MD)No.139 of 2018
each towards loss of parental consortium. As per the legal dictum laid
down by the Hon'ble Supreme Court in Sarla Verma and others Vs. Delhi
Transport Corporation and another reported in AIR 2009 SC 3104, the
respondents 1 to 4/claimants are also entitled to get Rs.15,000/- for funeral
expenses and Rs.15,000/- for loss of estate under the conventional heads,
all totalling Rs.5,26,000/- and the compensation awarded by the Tribunal
is modified as follows:-
Award
Amount Amount
confirmed or
S. awarded by awarded by
Description enhanced or
No. Tribunal this Court
granted or
(Rs.) (Rs.)
reduced
1. Loss of income 3,36,000 3,36,000 Confirmed
2. Funeral Expenses 25,000 15,000 Reduced
Consortium (first
3. 1,00,000 40,000 Reduced
respondent)
Loss of love and
4. affection 1,50,000 Nil Nil
(respondents 2 to 4)
Parental consortium 40,000 x 3
5. 0 Granted
(respondents 2 to 4) =1,20,000
6. Loss of estate 0 15,000 Granted
Reduced by
Total 6,11,000 5,26,000
Rs.85,000/-
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C.M.A.(MD)No.139 of 2018
8. Hence, this Court concludes that the respondents 1 to 4/ claimants
are entitled to get total compensation of Rs.5,26,000/- (Rupees Five Lakhs
and Twenty Six Thousand only) with interest at 7.5% per annum from the
appellant/insurer. Considering the other facts and circumstances of the
case, this Court further decides that the parties are to be directed to bear
their own costs.
9. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.6,11,000/- (Rupees
Six Lakhs and Eleven Thousand only) is hereby reduced to Rs.5,26,000/-
(Rupees Five Lakhs and Twenty Six Thousand only) and out of the said
compensation amount, the first respondent/first claimant is entitled to get
Rs.3,01,000/- (Rupees Three Lakhs and One Thousand only) and the
respondents 2 to 4/claimants 2 to 4 are entitled to get Rs.75,000/- (Rupees
Seventy Five Thousand only) each. The appellant/insurer is directed to
deposit the modified amount along with interest at 7.5% per annum and
costs to the credit of M.C.O.P.No.1300 of 2016 on the file of the Motor
Accident Claims Tribunal/Special Sub Court, Thanjavur, less the amount
already deposited, if any, within a period of four weeks from the date of
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C.M.A.(MD)No.139 of 2018
receipt of a copy of this judgment. On such deposit, the respondents 1 to
4/claimants are permitted to withdraw their shares along with interest and
costs, on due application before the Tribunal. If the amount was already
deposited by the appellant/insurer, the balance amount shall be withdrawn
by them. The parties are directed to bear their own costs. Consequently,
connected Miscellaneous Petition is closed.
14.08.2023
NCC :yes/No
Index :yes/No
Internet:yes/No
csm
To:
1. The Motor Accident Claims Tribunal/
Special Sub Court, Thanjavur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.139 of 2018
K.MURALI SHANKAR,J.
csm
C.M.A.(MD)No.139 of 2018
and
C.M.P.(MD)No.2005 of 2018
Dated : 14.08.2023
https://www.mhc.tn.gov.in/judis
