The Branch Manager vs Parvathi
2023 Latest Caselaw 1036 Mad

                                                                           CMA.Nos.122 & 123 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 25.01.2023

                                                    CORAM

                                  THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                            CMA.Nos.122 & 123 of 2023
                                         and CMP.Nos.1103 & 1105 of 2023

                The Branch Manager,
                United India Insurance Co.Ltd.,
                No.35-J, MBT Road, Gandhi Chowk,
                Ranipet – 632 401.                               ..Appellant in both appeals
                                                       Vs

                1.Parvathi
                2.Mangamma
                3.Nagaraj
                4.Vanisree
                5.Minor. Melamma
                6.Minor.Rajamma
                7.Minor.Jayakumar                     ..Respondents in CMA.No.122 of 2023

1.Vanisree

2.Minor. Pavani

3.Minor. Thirumala

4.Sakkamma ..Respondents in CMA.No.123 of 2023

Common prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside judgment and decree dated 12.08.2015 made in MCOP.Nos.811 and 813 of 2013 on the file of the MACT (Additional District Judge), Krishnagiri.

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

                                                                                 CMA.Nos.122 & 123 of 2023




                                                   (In both the appeals)
                                             For Appellant      : Ms.I.Malar


                                              COMMON JUDGMENT

The Civil Miscellaneous Appeals have been filed as against the judgment

and decree dated 12.08.2015 made in MCOP.Nos.811 and 813 of 2013 on the

file of the MACT (Additional District Judge), Krishnagiri.

2. Both the claim petitions have been filed as against the same accident.

3. The case of the claimants is that on 10.05.2013, while both the

deceased were travelling in an auto bearing Reg.No.AP-03-TC-1577 proceeding

in the KGF-Kuppam Road, after crossing the Kaliganoor bus stop near by the

fields of Srinivasalu Reddy Tomato crop, at about 11.15 a.m, a bus bearing

Reg.No.AP-03-TB-2399 belonging to the first respondent and insured with the

second respondent and its driver drove the bus in a rash and negligent manner

and also in high speed and also without observing the traffic rules and dashed

against the auto on the opposite direction. Due to the said accident, the auto fell

down on the road and both the deceased sustained grievous injuries and died on

the spot. The deceased in MCOP.No.811 of 2013 was an agriculturist, doing all

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

CMA.Nos.122 & 123 of 2023

kinds of seasonal business and he was aged about 48 years at the time of

accident. He was the sole bread winner of his family. The first claimant is the

wife and other claimants are the children of the deceased.

4. Admittedly, only because of the rash and negligent driving of the bus

owned by the first respondent herein, the accident had taken place in which,

two persons sustained grievous injuries and died. Further, the claimants failed

to prove any proof of income of the deceased and as such, the Tribunal had

fixed the notional income at Rs.250/- per day and adopted multiplier method of

13. The Tribunal had fixed Rs.9,75,000/- for loss of dependency and awarded a

sum of Rs.1,50,000/- for loss of love and affection. Totally a sum of

Rs.11,90,000/- has been awarded and it is just a reasonable one.

5. In so far as, the claimants in MCOP.No.813 of 2013 is concerned, the

deceased in that case was aged about 30 years at the time of accident and he

was working in a rice mill and was earning a sum of Rs.20,000/- per month.

However, the claimants failed to prove his income though any material evidence.

Considering the age and nature of work, the Tribunal fixed the income of the

deceased as Rs.400/- per day and applied the multiplier method of 17 and

awarded a sum of Rs.18,36,000/- for loss of dependency and also rightly https://www.mhc.tn.gov.in/judis

CMA.Nos.122 & 123 of 2023

awarded a sum of Rs.75,000/- for loss of love and affection and totally awarded

a sum of Rs.19,76,000/- as compensation and it is just a fair compensation.

Therefore, this Court finds no infirmity or illegality in the order passed by the

Court below.

6. Accordingly, these civil miscellaneous appeals stand dismissed. There

shall be no order as to costs. Consequently, connected miscellaneous petitions

are closed.

25.01.2023 Speaking/Non-speaking order Index : Yes/No ata

To

MACT (Additional District Judge), Krishnagiri.

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

CMA.Nos.122 & 123 of 2023

G.K.ILANTHIRAIYAN.J,

ata

CMA.Nos.122 & 123 of 2023

25.01.2023

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