Madras High Court
Reliance General Insurance ... vs Premalatha on 8 August, 2023
C.M.A.No.1580 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS JUSTICE R.KALAIMATHI
C.M.A.No.1580 of 2023
and
C.M.P.No.15906 of 2023
Reliance General Insurance Company Limited,
Serving Branch Office,
Sri Lakshmi Complex, 1st Floor,
Bharathi Street, Omalur Main Road,
Swarnapuri, Salem – 636 004. ...Appellant
Vs.
1.Premalatha
2.Minor R.Kamalanath
3.Minor R.Diviya Dharshini
(2 & 3 Minor petitioners reprsented by
their next friend / mother Premalatha)
4.Parvathi
5.Tamil Selvan
6.Royal Sundaram General Insurance Company Limited,
Branch Office No.8/1, Mangalam Building,
4 Roads, Salem – 636 009. ...Respondents
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1580 of 2023
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree made in
M.C.O.P.No.414 of 2020 dated 11.01.2020 on the file of the MACT, Special
District Court, Dharmapuri.
For Appellant : Mr.P.Suresh Srinivasan
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The Insurance Company is on appeal, challenging the award of a
sum of Rs.39,58,167/- as compensation for the death of one Ramachandran
in a motor accident that took place on 25.09.2009.
2.According to the claimants, while the said Ramachandran
driving his TATA Indigo car bearing Registration No.TN-29-H-4669 at
Vellore-Chennai National Highway towards Chennai at about 6.45 a.m, a
lorry bearing Registration No.KA-02-AD-4577, which was proceeding
ahead of the Car, suddenly turned towards left side and stopped in the
middle of the road almost suddenly without any signal. Though the driver
of the Car was unable to stop the vehicle despite his best efforts, hit against
https://www.mhc.tn.gov.in/judis
C.M.A.No.1580 of 2023
the backside of the lorry. As a result of the impact, the driver sustained
injuries and died on 06.10.2009. Claiming that the rash and negligence
driving on the part of the lorry driver was cause for the accident and that the
deceased was working as Audit Superintendent in Hindu Religious &
Charitable Endowment Department drawing a salary of Rs.28,000/- per
month, the claimants sought for a compensation of Rs.50,00,000/-.
3.The owner of the lorry remained exparte. The Insurer namely,
the 2nd respondent resisted the petition contending that the accident did not
happened in the manner suggested by the claimants and it was the
negligence on the part of the car driver that was caused the accident. The
fact that the First Information Report was filed against the driver of the car
was also projected as a defence. It was also claimed that the driver of the
lorry did not have a valid driving license. It was further claimed that the
lorry had come to all of sudden abruptly due to a tire burst.
4.At trial, the wife of the deceased was examined as P.W.1 and
one Rajeswari was examined as P.W.2. Exs.P1 to P18 were marked. The 3rd
https://www.mhc.tn.gov.in/judis
C.M.A.No.1580 of 2023
respondent one, Tamilselvan was examined as R.W.2. One Venkatraman
was examined as R.W.2. They supported the case of the claimants. R.W.3
is the Officer of the Insurance Company. Exs.R1 and R2 were marked on
the side of the Insurance Company.
5.The Tribunal, upon a consideration, believed the evidence of
R.W.1 and R.W.2, while rejecting the claim of the Insurance Company based
on the First Information Report. The rejection was because of the fact that it
was the driver of the lorry, who gave the First Information Report. On his
complaint, the First Information Report was registered. The Tribual found
that the accident occurred due to the negligence on the part of the lorry. The
plea that there was a tire burst raised as a reason was noticed by the Tribunal
in coming to such conclusion.
6.On the quantum, the Tribunal took into account the
unimpeachable evidence by way of salary certificate issued by the
Government Department and fixed the monthly income at Rs.27,527/-. It
added 30% towards future products, deducted ¼ towards personal expenses
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C.M.A.No.1580 of 2023
of the deceased and by applying multiplier of 13, arrived at the pecuniary
loss at Rs.37,68,167/-. The Tribunal, awarded a sum of Rs.40,000/- towards
loss of consortium to the 1st petitioner, Rs.80,000/- towards loss of parental
consortium to the petitioners 2 and 3, who are the children of the deceased
and Rs.40,000/- to the 4th claimant / mother of the deceased towards loss of
filial consortium and it also awarded Rs.15,000/- each towards loss of estate
and funeral expenses. Thus, the Tribunal arrived at a total compensation of
Rs.39,58,157/-.
7.We have heard Mr.P.Suresh Srinivasan, learned counsel for the
appellant.
8.Despite his best efforts, the learned counsel for the appellant is
unable to pick holes in the award of the Tribunal. As we have adverted to
the counter itself, there is a pleading that there was a tire burst, which
caused the lorry to stop midway. That by itself would be sufficient to
upheld the claim of negligence on the part of the lorry driver. Apart from
that, the evidence of R.W.1 & R.W.2 has been believed by the Tribunal and
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C.M.A.No.1580 of 2023
we do not see any reason to interfere with the conclusions of the Tribunal
based on the evidence of R.W.1 and R.W.2. On the quantum,
unimpeachable evidence of income is available and the Tribunal is only
adopted the guidelines of the Hon'ble Supreme Court National Insurance
Company Limited Vs. Pranay Sethi and Others reported in (2017) 16
SCC 680 in arriving at the compensation. The learned counsel for the
claimant is unable to assail the award of the Tribunal.
9.We are therefore, unable to fault the Tribunal for having arrived
at the compensation of Rs.39,58,167/-. We therefore, see do not see no
reason to interfere with the award of the Tribunal. This Civil Miscellaneous
Appeal is therefore, dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(R.S.M.,J.) (R.K.M.,J.)
08.08.2023
kkn
Internet:Yes
Index:No
Speaking
Nuetral Citation : No
https://www.mhc.tn.gov.in/judis
C.M.A.No.1580 of 2023
To:-
The Motor Accident Claims Tribunal,
Special District Court,
Dharmapuri.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1580 of 2023
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
KKN
C.M.A.No.1580 of 2023
and
C.M.P.No.15906 of 2023
08.08.2023
https://www.mhc.tn.gov.in/judis
