Madras High Court
M/S. New India Insurance Company ... vs Karpagam on 24 August, 2023
C.M.A.No.1535 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1535 of 2022
and
C.M.P.No.11407 of 2022
M/s. New India Insurance Company Limited,
Rep., by its Branch Manager,
No.375, Anna Salai, 2nd Floor,
Saidapet,
Chennai – 600 015. ... Appellants
Vs
1.Karpagam
2.M. Muralidharan
3.M.Mullaiarasai
4.M.Monisha
5.Dr.Malika Quaraishi ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 09.08.2021 in
MCOP.No.1340 of 2018 on the file of the Motor Accident Claims Tribunal,
(Fast Track Mahila Court), Krishnagiri.
For Appellant : Mr. J. Michael Visuvasam
For Respondents : Mr. M. Selvam, for R1 to R4
No Appearance for R5
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.1535 of 2022
JUDGMENT
The instant appeal has been filed by the Insurance Company
challenging the award dated 09.08.2021 passed by the Motor Accident
Claims Tribunal, (Fast Track Mahila Court), Krishnagiri in MCOP.No.1340
of 2018.
2. The appellant / Insurance Company is the second respondent in
MCOP.No.1340 of 2018, on the file of the Motor Accident Claims Tribunal,
(Fast Track Mahila Court), Krishnagiri.
3. The first respondent is the wife, 2 to 4 respondents are the son
and daughters respectively of the deceased K.K.Murugesan. They had filed
the claim petition stating that on 27.07.2018 at about 08.15 p.m., while the
deceased was proceeding to his home, by walk, near KGL bus stop, Chennai
– Krishnagiri road, the car bearing Registration No.TN-CK-1014 driven by
its driver in a rash and negligent manner, dashed against the deceased, due
to which, the deceased died on the spot. Hence, respondents 1 to 4 claimed
compensation against the appellant / Insurance Company and the fifth
respondent.
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C.M.A.No.1535 of 2022
4. The appellant filed a counter denying all the averments made in
the claim petition. According to the appellant, the deceased Murugesan who
was walking on the road, suddenly crossed the road without noticing the
vehicles proceeding on the National Highways and invited the accident; in
any case the claim is excessive and prayed for dismissal of the claim
petition.
5. Before the Tribunal, the first respondent examined herself as
P.W.1 and examined three other witnesses as P.W.2 to P.W.4 and marked
Ex.P.1 to Ex.P.32 besides Ex.X1 and Ex.X2. The appellant did not examine
any witness or mark any document on their side.
6. The Tribunal after considering the pleadings, evidence and
documents filed, held that the accident occurred due to rash and negligent
driving of the fifth respondent herein and directed the appellant and the fifth
respondent jointly and severally to pay a sum of Rs.32,20,000/- as
compensation to the respondents 1 to 4 / claimants.
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C.M.A.No.1535 of 2022
7. Aggrieved by the said order, the appellant had preferred the
instant appeal challenging the quantum of compensation awarded by the
Tribunal.
8. The learned counsel for the appellant submitted that the
Tribunal had fixed excessive notional income i.e., Rs.20,000/- per month in
the absence of any evidence to prove the income earned by the deceased.
The Tribunal also erred in applying multiplier '14', although it was
established before the Tribunal that the deceased was aged 47 years at the
time of accident and hence, the learned counsel prayed for reduction of
compensation amount.
9. The learned counsel for the respondents 1 to 4 / claimants per
contra submitted that the respondents had marked Ex.P5 to E.P11 to show
that the deceased was doing the business of coconut trading; that he had
vast extent of agricultural lands and therefore, was earning a monthly
income of Rs.50,000/-. The Tribunal, after considering all the evidence had
correctly fixed the notional income as Rs.20,000/- per month and there is no
reason to interfere with the same. Further, the learned counsel submitted
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C.M.A.No.1535 of 2022
that the respondents 2 to 4 were not awarded compensation under the head
loss of love and affection and hence, prayed for dismissal of the appeal.
10. Though notice has been served on the fifth respondent and his
name is printed in the cause list, none appeared for him.
11. The only question involved in the instant appeal is -
Whether the compensation awarded by the Tribunal
is just and reasonable?
12. On perusal of the records, this Court finds that the Tribunal
had fixed the notional income taking into consideration the evidence of
PW.3 and PW.4, who are the Village Administrative Officers, to prove that
the deceased owned vast extent of agricultural lands. The respondents also
marked Ex.P4 to Ex.P11 to show that the deceased was also doing the
business of trading in coconuts. However, this Court finds that the exact
income earned by the deceased is not proved from the aforesaid oral and
documentary evidence. In the facts, considering the age, avocation and also
the fact that the deceased owned agricultural lands and the year of accident,
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C.M.A.No.1535 of 2022
this Court is of the view that it would be just and reasonable to fix
Rs.18,000/- as notional monthly income of the deceased. This Court also
finds that the correct multiplier is '13' since the deceased was aged 47 years
at the time of accident. The deceased was survived by his wife and three
children. Hence, 1/4th has to be deducted towards his personal expenses.
Hence, the award under the head loss of dependency has to be: -
18,000/-+4500 (18,000x25%)x12x13x3/4 = 26,32,500/-
The Tribunal has not awarded any compensation towards loss of love and
affection to the respondents 2 to 4, who are the children of the deceased.
Hence, a sum of Rs.40,000/- each to the respondents 2 to 4 is awarded
towards loss of love and affection. The compensation awarded by the
Tribunal under other heads is just and reasonable and hence, the same are
confirmed. Thus, the compensation awarded by the Tribunal is reduced from
Rs.32,20,000/- to Rs.28,22,500/-, break-up is as follows -
Sl. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of dependency 31,50,000/- 26,32,500/- Reduced
2. Loss of consortium 40,000/- 40,000/- Confirmed
3. Loss of estate 15,000/- 15,000/- Confirmed
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C.M.A.No.1535 of 2022
4. Loss of love and - 1,20,000/- Granted
affection (Rs.40,000/-
each to the
respondents
2 to 4)
5. Funeral expenses 15,000/- 15,000/- Confirmed
Total 32,20,000/- 28,22,500/- Reduced
by
Rs.3,97,500/-
13. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.32,20,000/- is hereby reduced to Rs.28,22,500/- together with interest at
7.5% per annum from the date of petition till the date of deposit. The
appellant/Insurance Company is directed to deposit the award amount, now
determined by this Court along with interest and costs, less the amount
already deposited, if any, within a period of six (6) weeks from the date of a
receipt of copy of this Judgment. On such deposit, the respondents 1 to 4
are permitted to withdraw their share of the award amount as per the
apportionment fixed by the Tribunal along with proportionate interest and
costs, less the amount if any, already withdrawn. Consequently, connected
miscellaneous petition is closed. The appellant / Insurance Company is
permitted to withdraw the excess amount lying in deposit to the credit of
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C.M.A.No.1535 of 2022
MCOP.No.1340 of 2018, if the entire award amount has already been
deposited by them. No costs. Consequently, connected miscellaneous
petition is closed.
24.08.2023
Index: Yes/No
Neutral Citation: Yes/No
AT
To
1.The Motor Accident Claims Tribunal,
(Fast Track Mahila Court), Krishnagiri.
2. The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1535 of 2022
SUNDER MOHAN, J.
AT
C.M.A.No.1535 of 2022 and
C.M.P.No.11407 of 2022
24.08.2023
https://www.mhc.tn.gov.in/judis
