Madras High Court
The Oriental Insurance Co. Ltd vs T.Kannan on 7 July, 2023
C.M.A.No.1393 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS JUSTICE R.KALAIMATHI
C.M.A.No.1393 of 2023
and
C.M.P.No.13927 of 2023
The Oriental Insurance Co. Ltd.,
No.75, Krishnan Street, Tiruvannamalai Town,
Tiruvannamalai District. ...Appellant
Vs.
1.T.Kannan
2.K.Santha
3.Chellakutti
4.Valarmathi
5.Minor S.Deepalakshmi
representeed by her mother ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award and decree dated 15.02.2023 passed
in M.C.O.P.No.1231 of 2022 on the file of the Motor Accident Claims
Tribunal / Principal District Judge, Tiruvannamalai.
For Appellant : Mr.R.Sivakumar
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.1393 of 2023
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge at the instance of the Insrance Company is to the
quantum of compensation awarded in M.C.O.P.No.1231 of 2022 on the file
of the Motor Accident Claims Tribunal, Tiruvannamalai.
2.The claimants, who are the parents of the deceased Suresh Babu
sought for compensation at Rs.1,00,00,000/- for the death of their son in an
accident that took place on 09.07.2008. The wife and the minor daughter
were impleaded as respondents 3 and 4 in the claim petition. According to
the claimants, the accident occurred when the said Suresh Babu was
proceeding on his two wheeler towards East to West, Tiruvannamalai to
Gingee road, near Primary Health Centre, Kilpennathur, the lorry belonging
to the 1st respondent bearing Registration No. TN-28-H-2568 driven by its
driver in a rash and negligent manner came from behind and hit against the
two wheeler. As a result of which, the deceased sustained fatal injuries and
died on the same day.
3.According to the claimants, the deceased was earning not less
https://www.mhc.tn.gov.in/judis
C.M.A.No.1393 of 2023
than Rs.40,000/- per month and was contributing his income to the
claimants also. The claimants quantified the loss at Rs.1,00,00,000/-. The
Insurance Company while admitting the existence of the policy, disputed the
quantum of compensation claimed and sought for dismissal of the petition.
4.The Tribunal, on the basis of the evidence that was made
available to it, came to the conclusion that the accident occurred only due to
the rash and negligent driving of the lorry by its driver. On the quantum, the
Tribunal took Ex.P5, the appointment order issued by the ICICI Prudential
Life Insurance Company offering a job to the deceased at an annual salary
of Rs.1,75,344/-, which included medical reimbursement, EPF
contributions, gratuity contributions etc.
5.The Tribunal, after making certain deductions, fixed the
monthly income of the deceased at Rs.13,856/-. After adding 25% towards
future prospects and deducting 25% towards personal expenses, fixed the
monthly income at Rs.10,392/-. Considering the age of the deceased, i.e.,
41, the Tribunal adopted a multiplier of 14 and arrived at the loss of
https://www.mhc.tn.gov.in/judis
C.M.A.No.1393 of 2023
dependency at Rs.21,82,320/-. The Tribunal, awarded a sum of Rs.15,000/-
for loss of estate, Rs.15,000/- for funeral expenses and Rs.1,60,000/- for
loss of consortium / loss of love and affection. In all, the Tribunal awarded
a sum of Rs.23,72,320/- as compensation.
6.We have heard Mr.R.Sivakumar, learned counsel for the apellant
/ Insurance Company.
7.Mr.R.Sivakumar, learned counsel appearing for the appellant /
Insurance Company would vehemently contend that the Tribunal should
have made some more deductions as the salary reflected in Ex.P5 sought to
include medical reimbursement and conveyance allowance. We are unable
to agree with the contention made by the learned counsel for the appellant.
On a over all view, we find that the income taken at Rs.13,856/- reflects a
fair figure and we cannot go into these minuet details of his income more
so, when the deceased had died even before he could take up the
employment. Hence, we do not see any merit in this appeal. This Civil
Miscellaneous Appeal therefore, fails and it is accordingly, dismissed. No
https://www.mhc.tn.gov.in/judis
C.M.A.No.1393 of 2023
costs. Consequently, connected miscellaneous petition is closed.
(R.S.M.,J.) (R.K.M.,J.)
07.07.2023
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking order
Nuetral Citation : Yes/No
To:-
The Principal District Court,
Tiruvannamalai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1393 of 2023
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
KKN
C.M.A.No.1393 of 2023
and
C.M.P.No.13927 of 2023
07.07.2023
https://www.mhc.tn.gov.in/judis
