Madras High Court
The Oriental Insurance Company ... vs T.Rajendiran on 2 February, 2023
C.M.A.No.44 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.44 of 2021
and
C.M.P.No.345 of 2021
The Oriental Insurance Company Limited,
Represented by its Branch Manager,
Old No.29/B, New No.238, Arcot Road,
Jambubala Complex 1st Floor,
Vellore 4. ... Appellant
Vs.
1.T.Rajendiran, S/o.Thangavel Goundar
2.R.Shenbagavalli
W/o.T.Rajendiran
Both are residing at No.5/91/1, Kambatham Village,
Latheri Post, Katpadi Taluk,
Vellore District.
3.N.Gayathri,
W/o.D.Naveen,
Residing at No.58, Thennamara Street,
Vellore District.
4.S.Muthamil Moovendhan
S/o.P.Sivagnanam
Residing at No.6/18, Periyar Nagar,
Goodanagaram Road,
Gudiyatham,
Vellore District. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.44 of 2021
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
the Judgment and Decree dated 12.11.2019 in MCOP.No.1028 of 2017 on the
file of the Motor Accident Claims Tribunal (I Additional District & Sessions
Judge) at Vellore.
For Appellant : Ms.R.Sree Vidhya
For Respondents : Mr.S.Parthasarathy (for R1 & R2)
R3 & R4 - No appearance
JUDGMENT
The Appeal has been filed against the Judgment and Decree dated
12.11.2019 passed in MCOP.No.1028 of 2017, on the file of the Motor
Accident Claims Tribunal (I Additional District & Sessions Judge) at Vellore.
2.The Insurance Company is the Appellant herein. Challenging the
award passed in MCOP.No.1028 of 2017, on the file of the Motor Accident
Claims Tribunal (I Additional District & Sessions Judge) at Vellore, the
Insurance Company preferred this Appeal on the point of quantum of
compensation. For the sake of convenience, the parties are referred to as per
https://www.mhc.tn.gov.in/judis
C.M.A.No.44 of 2021
their ranking before the trial Court.
3.Heard the learned counsel for the Insurance Company and the learned
counsel for the claim Petitioners.
4.The factum of the accident, manner of the accident, rash and negligent
driving on the part of the driver of the offending vehicle, insured with the 3rd
Respondent/Insurance Company are not under challenge in this Appeal.
Accordingly, the finding rendered by the trial Court that the accident taken
place due to the rash and negligent driving of the driver of the offending
vehicle, insured with the 3rd Respondent are hereby confirmed.
5.During the trial, on the side of the claim Petitioners, PW1 to PW3 were
examined & Ex.P.1 to Ex.P.11 were marked and on the side of the
Respondents, none was examined and no document was marked.
6.For the Pecuniary loss sustained by the claim Petitioners, they have
filed Ex.P.6, Ex.P.7, Ex.P.8 & Ex.P.9. Based upon the oral evidences and
https://www.mhc.tn.gov.in/judis
C.M.A.No.44 of 2021
documents, the Tribunal has fixed the age of the deceased at 25 years and
adopted '18' as multiplier and fixed the monthly income at Rs.16,689/- and
added 50% towards future prospects, half of the salary deduction has also been
made towards personal expenses and in total a sum of Rs.33,14,500/- has been
awarded by the Tribunal.
7.After going through the calculation made by the Tribunal, this Court
re-fixes the pecuniary loss as follows:
Monthly income of the deceased : Rs.16,689/-
After adding 50% towards future prospects : Rs.25,033.5
After deducting 50% towards personal expenses : Rs.12,516.75
Annual income after applying 18 as multiplier : Rs.27,03,618/-
S.No. Head Amount (Rs.)
1 Pecuniary loss 2703618
2 Parental/Filial consortium 80000
3 Loss of Estate 15000
4 Funeral expenses 15000
Total Compensation 2813618
Rounded off 2813700
In total, the claim Petitioners are entitled to a sum of Rs.28,13,700/- (Rupees
https://www.mhc.tn.gov.in/judis
C.M.A.No.44 of 2021
twenty eight lakh thirteen thousand and seven hundred only) and the interest
awarded by the Tribunal at the rate of 7.5% per annum is also confirmed.
8. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed, reducing the
compensation from Rs.33,14,338/- to Rs.28,13,700 /- to the extent indicated
above. No Costs. Consequently, connected Miscellaneous Petition is closed.
(ii) the Insurance Company is directed to deposit the reduced award amount,
with interest and costs before the Tribunal, within a period of eight weeks from
the date of receipt of a copy of this order.
(iii) On such deposit being made, the claim Petitioners are permitted to
withdraw their share in the award amount with proportionate accrued interest
and costs, as per the ratio of apportionment made by the Tribunal, less the
award amount, if any, already withdrawn, by filing necessary application before
the Tribunal.
https://www.mhc.tn.gov.in/judis
C.M.A.No.44 of 2021
(iv) the Insurance Company is permitted to withdraw the amount already
deposited, less the reduced award amount, if any, with accrued interest.
02.02.2023
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
To
The Motor Accident Claims Tribunal
I Additional District & Sessions Judge
at Vellore.
https://www.mhc.tn.gov.in/judis
C.M.A.No.44 of 2021
RMT.TEEKAA RAMAN.J,
sai
C.M.A.No.44 of 2021
and
C.M.P.No.345 of 2021
Dated: 02.02.2023
https://www.mhc.tn.gov.in/judis
