Madras High Court
M/S. Reliance General Insurance ... vs Seetha on 1 August, 2023
C.M.A.No.1648 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1648 of 2023
and
C.M.P.No.16288 of 2023
M/s. Reliance General Insurance Company Limited,
Reliance House, 6th Floor,
No.6, Haddows Road, Nungambakkam,
Chennai – 6. ... Appellant
Vs
1.Seetha
2.Minor. T. Dheepesh
[Minor rep., by his mother, NF Seetha]
3.Vennila
4.G. Venkatesan
5.T. Murugesan ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment dated 11.03.2020 and decree dated
27.07.2021 made in M.C.O.P.No.1918 of 2017 on the file of the Motor
Accident Claims Tribunal, II Court of Small Causes, Chennai.
For Appellant : Mr.M.L. Ganesh
For Respondents : Ms.M.Sunithi Abirami
1/9
C.M.A.No.1648 of 2023
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant
challenging the quantum of compensation granted by the Tribunal in the
award dated 11.03.2020 made in M.C.O.P. No.1918 of 2017 on the file of
the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai.
2. The respondents 1 to 4 filed M.C.O.P. No.1918 of 2017 on the
file of the the Motor Accident Claims Tribunal, II Court of Small Causes,
Chennai claiming a sum of Rs.35,00,000/- as compensation for the death of
one Thiyagarajan, who died in the accident that took place on 03.12.2016.
3. According to the respondents, on 03.12.2016 at about 13.00
hours, while the deceased Thiyagarajan was riding the motorcycle bearing
Registration No.TN-19-R-4178 proceeding on the Tindivanam - Chennai
National Highways, near Pukkathurai Koot road, the Car bearing
registration No.TN-14-H-8870 driven by its driver in a rash and negligent
manner endangering public safety, came from behind and hit against the
motorcycle and caused the accident; that in the above accident, the said
C.M.A.No.1648 of 2023
Thiyagarajan sustained grievous injuries; that he was immediately taken to
Government Hospital at Chengalpattu and thereafter referred to Rajiv
Gandhi Government General Hospital, where he succumbed to injuries.
Hence, the appellants filed claim petition claiming compensation against the
respondents.
4. The fifth respondent remained ex parte before the Tribunal.
5. The appellant filed a counter statement denying all the
averments made by the appellants in the claim petition including the manner
of accident; stating that the appellant is not liable to pay compensation to
the respondents; that the total compensation claimed by the appellants is
excessive and prayed for dismissal of the claim petition.
6. The 1st respondent examined herself as P.W.1 and examined
two other witnesses as P.W.2 and P.W.3 and marked Ex.P1 to Ex.P13.
Neither documents were marked nor witnesses were examined on the side of
the appellant.
C.M.A.No.1648 of 2023
7. The Tribunal after considering the evidence and documents
filed on the side of the respondents held that the accident occurred due to
rash and negligent driving by the driver of the fifth respondent and directed
the appellant to pay a sum of Rs.30,63,400/- as compensation to the
respondents. Aggrieved over the said award, the appellant / Insurance
Company has filed the present appeal.
8. The learned counsel for the appellant submitted that the award
of compensation by the Tribunal is excessive and there is no challenge with
regard to the negligence; that the Tribunal had granted 50% enhancement
towards future prospects instead of 40% although, it is an admitted fact that
the deceased was working in a private concern. That apart, the Tribunal
erred in awarding compensation separately under the head loss of love and
affection, parental consortium and filial consortium. The 1st respondent is
entitled only to loss of consortium at Rs.40,000/-. The respondents 2 to 4
who are the son and parents of the deceased are each entitled to Rs.40,000/-
under the head parental consortium and filial consortium respectively.
Therefore, compensation under the head loss of love and affection has to be
set aside and the amounts awarded under the head loss of parental
C.M.A.No.1648 of 2023
consortium and filial consortium has to be reduced and prayed for allowing
the appeal.
9. The learned counsel for the respondents per contra submitted
that the award of compensation is just and reasonable. The minor son who
is just 7 ½ months old at the time of accident had lost his father and
therefore, the Tribunal was right in awarding Rs.1,00,000/- towards loss of
love and affection. Further, the award of compensation under the other
heads are reasonable and no interference is called for and prayed for
dismissal of the appeal.
10. The only question involved in this instant appeal is-
Whether the compensation awarded by the Tribunal
is just and reasonable?
11. From the materials on record, it is seen that the Tribunal had
fixed the income of the deceased as Rs.11,300/- per month based on Ex.P13
salary slips produced on the side of the respondents and hence, the same
cannot be faulted. The Tribunal, however had granted 50% enhancement
C.M.A.No.1648 of 2023
towards future prospects which is erroneous. The Tribunal ought to have
granted only 40%, as the deceased was working in a private concern. The
compensation under the heads namely loss of love and affection, parental
consortium and filial consortium are split under three heads which is
incorrect. The 2nd respondent, son of the deceased has lost his father at his
young age. Hence, he is entitled to Rs.40,000/- towards parental
consortium. Similarly, the respondents 3 and 4, who are the parents of the
deceased are entitled to Rs.40,000/- each towards filial consortium.
Therefore, the compensation under the head loss of love and affection is set
aside. The compensation awarded under other heads are reasonable and
hence, the same are confirmed. The compensation under the head loss of
dependency is calculated as follows:-
11,300+4520(11,300x40%)x17x12x3/4= Rs.24,20,460/-
12. Thus, the total compensation awarded by the Tribunal is
reduced to Rs.26,10,460/-, break-up 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 25,93,300/- 24,20,460/- Reduced
2. Loss of consortium 40,000/- 40,000/- Confirmed
C.M.A.No.1648 of 2023
3. Loss of love and 1,50,000/- - Set aside
affection
4. Parental consortium 2,00,000/- 40,000/- Reduced
5. Filial consortium 50,000/- 80,000/- Enhanced
6. Medical expenses 15,000/- 15,000/- Confirmed
7. Funeral expenses 15,000/- 15,000/- Confirmed
Total 30,63,350/- 26,10,460/- Reduced
by
Rs.4,52,890/-
13. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.30,63,350/- is hereby reduced to Rs.26,10,460/- together with interest at
7.5% per annum (excluding the default period, if any) 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 eight (8) weeks from the date of a receipt of copy of this
Judgment. On such deposit, the respondents 1, 3 & 4 are permitted to
withdraw their share of the award amount along with proportionate interest
and costs, less the amount if any, already withdrawn, on the basis of
apportionment fixed by the Tribunal. The share of the minor 2nd respondent
C.M.A.No.1648 of 2023
is directed to be deposited in any one of the Nationalised Bank till the minor
appellant attains majority. However, the 1st respondent, mother of the minor
2nd respondent is permitted to withdraw the accrued interest once in three
months. The appellant / Insurance Company is permitted to withdraw the
excess amount lying in the credit of MCOP.No.1918 of 2017, if the entire
award amount has already deposited by them. Consequently, connected
miscellaneous petition is closed. No costs.
01.08.2023
Index: Yes/No
Neutral Citation: Yes/No
AT
C.M.A.No.1648 of 2023
SUNDER MOHAN, J.
AT
To
1.The Motor Accident Claims Tribunal,
II Court of Small Causes, Chennai.
2. The Section Officer,
VR Section,
High Court, Madras.
C.M.A.No.1648 of 2023 and
C.M.P.No.16288 of 2023
01.08.2023
