Madras High Court
K.Lalitha vs K.Mohanlal on 17 July, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1360 of 2023
and C.M.A.No.153 of 2022
and C.M.P.No.1144 of 2022
C.M.A.No.1360 of 2023
1.K.Lalitha
2.K.Murugan
3.B.Rajeswari
4.S.Sathya
5.M.Devi ...Appellants
Vs.
1.K.Mohanlal
2.Bharti Axa Gen. Insurance Co. Ltd.,
No.8, Walltax Road,
Harrington Plaza 1st Floor,
Park Town, Chennai - 600 003. ...Respondents
PRAYER : The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated 09.04.2018 in
M.C.O.P.No.4711 of 2013 on the file of the Motor Accident Claims Tribunal,
Chennai (in the III Court of Small Causes).
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For Appellants : Mr.Terry Chella Raja
for Mr.M.Pachiyappan
For Respondents : M/s.K.Poomalai for R2
No appearance for R1
C.M.A.No.153 of 2022
Bharati Axa Gen.Insurance Co. Ltd.,
2nd Floor, Metro Plaza,
No.162, Annasalai,
Chennai - 600 002. ... Appellant
Vs
1.K.Lalitha
2.K.Murugan
3.B.Rajeswari
4.S.Sathya
5.M.Devi
6.K.Mohanlal ... Respondents
PRAYER : The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated 09.04.2018 in
M.C.O.P.No.4711 of 2013 on the file of the Motor Accident Claims Tribunal,
Chennai (in the III Court of Small Causes).
For Appellant : M/s.K.Poomalai
For Respondents : Mr.Terry Chella Raja
for Mr.M.Pachiyappan
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JUDGMENT
The above appeals have been filed by the Insurance Company as well as
by the claimants aggrieved by the quantum of compensation awarded by the
Tribunal.
2. The claimants filed the Claim Petition in M.C.O.P.No.4711 of 2013 on
the file of Motor Accident Claims Tribunal, Chennai (in the III Court of Small
Causes). They filed the said claim petition claiming a sum of Rs.10,00,000/- as
compensation for the death of one K.Arumugam, who died in the accident that
took place on 13.03.2013.
3. According to the claimants, on the date of accident i.e., on 13.03.2013
at about 2.30 p.m., while the deceased was crossing the L.B road opposite to
Jayanthi Theatre, Thiruvanmiyur from East to West direction, a motorcycle
bearing Registration No.TN-02-AE-5112 ridden by its rider in a rash and
negligent manner without observing the traffic rules, dashed against the
deceased; due to the said impact, the deceased suferred injuries and succumbed
to it; that the deceased, who was aged 58 years, was working as a stone cutter;
and that he was a sole bread winner of his family and hence, the Insurance
Company is liable to pay Rs.10 lakhs as compensation.
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4. The rider of two wheeler, who is the owner of the motocycle, remained
ex-parte before the Tribunal.
5.The Insurance Company filed counter statement, denying the averments
made in the claim petition and stated that the rider of the two wheeler did not
possess any valid license and hence, the Insurance Company was not liable to
pay the compensation. In any event, the compensation claimed by the claimants
is excessive and prayed for dismissal of the claim petition.
6. Before the Tribunal, the claimants examined two witnesses as P.W.1
and P.W.2 and marked 9 documents as Exs.P1 to P9. The Insurance Company
R.W.1 was examined and marked two documets as Exs.R1 and R2 on their side.
7.The Tribunal considering the pleadings, oral and documentary
evidence, held that the deceased died only due to rash and negligent act of the
rider of the two wheeler and directed the Insurance Company being the insurer
of the offending vehicle to pay a sum of Rs.11,69,200/- as compensation to the
claimants.
8. The learned counsel for the Insurance Company submitted that the
accident was of the year 2013 and the notional income of Rs.12,000/- fixed by
the Tribunal in the absence of any evidence to prove the income is excessive.
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9. Per contra, the learned counsel for the claimants submitted that the
notional income fixed at Rs.12,000/- is meagre and the Tribunal ought to have
taken into consideration the fact that the deceased was earning Rs.500/- per day
and the Tribunal ought to have taken Rs.15,000/- as notional income.
10.The first respondent remained ex-parte before the Tribunal. The
learned counsel for the appellants has made an endorsement to dispense with
the notice to him.
11. Heard the learned counsel appearing for their respective parties and
perused the materials/ documents available on record before this Court.
12.This Court finds that the Tribunal had fixed the notional income at
Rs.12,000/- which is just and reasonable. The accident had taken place in the
year 2013 and considering the fact that the wages of even daily wage labourers
was around Rs.500/- per day at that time the notional income fixed by the
Tribunal is reasonable.
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13. It is further seen that the Insurance Company has established the fact
through R.W.1 that the rider of the two wheeler did not have a valid licence.
The Tribunal found that the Insurance Company is liable to pay and recover the
same from the rider of the two wheeler.
14. Neither the learned counsel appearing for the claimants nor the
learned counsel appearing for the Insurance Company could find fault with the
compensation awarded by the Tribunal under other heads. Hence, the award of
the Tribunal is confirmed. The Insurance Company is directed to deposit the
compensation amount within a period of six weeks. On such deposit the
claimants shall withdraw the amount as per the apportionment fixed by the
Tribunal. No costs. Consequently, connected miscellaneous petition is closed.
17.07.2023
Index: Yes/No
Internet: Yes/No
Speaking order: Yes/ No
gba
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To
1.The Motor Accident Claims Tribunal,
(in the III Court of Small Causes),
Chennai.
2.The Section Officer
VR Section
High Court of Madras, Chennai – 600 104
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SUNDER MOHAN,J.
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C.M.A.No.1360 of 2023
and C.M.A.No.153 of 2022
and C.M.P.No.1144 of 2022
17.07.2023
https://www.mhc.tn.gov.in/judis
