Reliance General Insurance ... vs K.Shanmugam
2023 Latest Caselaw 1539 Mad

                                                            1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 09.02.2023

                                                        CORAM:

                                   THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN

                                                  C.M.A.No.314 of 2022
                                                           and
                                                  C.M.P.No.2564 of 2023


                  Reliance General Insurance Company Limited,
                  No.408, 3rd Floor, Perundurai Road,
                  Erode-638 011.                                                   ...Appellant

                                                           Vs.

                  1.K.Shanmugam
                  2.S.Vijaya

                  B.Vinoth (died)                                             ... Respondents


                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988 against the judgment and decree dated 20.02.2015
                  passed in M.C.O.P.No.128 of 2010 on the file of the Motor Accident
                  Claims Tribunal (I Additional District Judge), Tiruppur.


                                  For Appellant      : Mr.K.Moorthy

                                  For R1&R2          :Mr.Ma.P.Thangavel
                                                     For Mr.M.Lokesh



                                                     JUDGMENT

The Insurance Company is the appellant herein.

https://www.mhc.tn.gov.in/judis

2. In the appeal, the award is challenged by the Insurance

Company on the ground of quantum of compensation.

3. The factum of the accident, the manner of the accident and

rash and negligent driving on the part of the driver of the offending

vehicle, are not disputed and hence, the finding rendered by the Tribunal

is hereby confirmed.

4. On the point of quantum of compensation heard the learned

counsel appearing on both sides.

5. Record reveals that the parents of the deceased

Senthilkumar has filed M.C.O.P.No.128 of 2010. At the time of the

accident, he was working as a Sicker Tailor and earned a sum of

Rs.10,000/-. In this connection, P.W.3 Kumar Supervising attached to the

office, P.W.2 Loganathan was examined and Ex.P5 is marked. At the time

of the accident, he was aged 27 years. The Tribunal has fixed the

notional income of Rs.5000/- for the person who died in the accident in

the year 2009 cannot be earned excessive.

https://www.mhc.tn.gov.in/judis

6. As per the judgment of the Hon'ble Supreme Court in the

case of Sarla Verma & Others .Vs. Delhi Transport Corporation &

another, reported in 2009 (2) TNMAC 1 (SC), right multiplier is “13”

and the same is adopted.

7. Taking the parent aged as 47, 50% was deducted and the

other heads appear to be just and reasonable and hence, I find that the

quantum of compensation awarded by the Tribunal in M.C.O.P.No.128 of

2010 is just and fair and it does not require any interference in this

appellate stage. Accordingly, this Civil Miscellaneous Appeal is

dismissed at the admission stage. Time for depositing the amount

shall be paid within a period of eight weeks from the date of receipt of a

copy of this order. No costs. Consequently, connected C.M.P is closed.

09.02.2023

nvi

Index : Yes/No Speaking/Non-speaking order

To

1.The Motor Accident Claims Tribunal / I Additional District Judge, Tiruppur.

https://www.mhc.tn.gov.in/judis

2.The Section Officer, V.R.Section, High Court, Madras.

RMT.TEEKAA RAMAN,J.,

nvi

C.M.A.No.314 of 2022 and C.M.P.No.2564 of 2023

https://www.mhc.tn.gov.in/judis

09.02.2023

https://www.mhc.tn.gov.in/judis