Madras High Court
M/S.Reliance General Insurance ... vs M.Murugan on 7 June, 2023
C.M.A.No.3192 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.3192 of 2017
and C.M.P.No.19628 of 2017
M/s.Reliance General Insurance Co.Ltd
Reliance House, 6th Floor
Nungambakkam
Chennai – 600 006 .. Appellant
Versus
1.M.Murugan
2.T.Srinivasan .. Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree of the Motor Accidents
Claims Tribunal, II Court of Small Causes, Chennai made in M.C.O.P.No.6620
of 2013 dated 29.04.2017.
For Appellant : Mr.S.Arun Kumar
For Respondents : No appearance for R1
JUDGMENT
The Civil Miscellaneous Appeal has been filed against the Judgment and
Decree of the Motor Accidents Claims Tribunal, II Court of Small Causes,
Chennai made in M.C.O.P.No.6620 of 2013 dated 29.04.2017.
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C.M.A.No.3192 of 2017
2.The Insurance Company is the Appellant herein seeking to challenge
the award passed by the Tribunal in M.C.O.P.No.6620 of 2013 on the ground of
quantum.
3. The first respondent is the driver of the offending vehicle and the
second respondent is the owner of the offending vehicle. The second
respondent is set exparte before the Trial Court, hence, notice to the second
respondent is dispensed with. For the sake of convenience, the parties are
referred to as per their ranking before the trial Court.
4. During the trial before the Tribunal, the Claim Petitioner was
examined himself as PW1. Ex.P1 to P12 were marked. Ex.P1 is the AR Copy,
Ex.P2 is the Discharge summary from the Malar Hospital, Ex.P5 is the medical
bill, Ex.10 is the FIR in Crime No.180/CH3/2013 & Ex.P11 is the Disability
Certificate of the claimant. The Tribunal on consideration of both oral and
documentary evidences came to conclusion that the accident has taken place
due to the rash and negligent driving of the driver of the offending vehicle and
had sustained grievous injuries, accordingly, fixed the negligence liability both
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C.M.A.No.3192 of 2017
on the owner of the offending vehicle and the Appellant Insurance Company.
Considering the age of the petitioner, i.e., 30 years, as per the claim petition, the
Trial Court fixed the notional income as Rs.8,000/- per month. As the
multiplier for 30 years of age is 17, it fixed the total loss of dependency to the
claim petitioner as Rs.4,89,600/- (i.e., 8000 x 12 x 17 x 30% (functional
disability) = Rs.4,89,600). Furthermore, the Trial Court granted Miscellaneous
expenses as Rs.50,000/-, medical expenses at Rs.3,98,630/-, future medical
expenses at Rs.10,000/-, Rs.20,000/- for attender charges, loss of earning
during the period of treatment as Rs.16000/-, Rs.50,000/- as damages for pain,
suffering and trauma as a consequence to the injuries, Rs.20,000/- as loss of
amenities, totalling to the tune of Rs.10,54,230/-.
5.The learned counsel for the Appellant Insurance Company vehemently
contended that the Tribunal has erroneously assumed 30% loss of earning
power, contrary to the judgment of the Hon'ble Supreme reported in (2011)
ACJ 1 and in the absence of any proof towards avocation and earning, it has
fixed the notional income as Rs.8000/-. Hence, seeks this Court to set aside the
multiplier method adopted by the Tribunal and reduce the monthly income as
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C.M.A.No.3192 of 2017
the accident is of the year 2013.
6. Heard Mr.S.Arun Kumar, learned counsel for the Appellant Insurance
Company and perused the materials placed on record.
7. Considering the facts and also taking note of the plea raised by the
Insurance Company that at the time of accident, the deceased rode the two
wheeler carelessly and met with the accident. Therefore, the carelessness of the
deceased riding two wheeler on the date of accident, assumes significance.
8. In view of above, this Court is of the considered view that the
multiplier method adopted by the Tribunal should be set aside and the same is
hereby set aside; and as the accident is of the year 2013, the notional income of
the claim petitioner is hereby fixed as Rs.3,000/-; however, the functional
disability is enhanced at 50%. Accordingly, the award amount is modified as
below:
Calculation Rs.
Transportation, nourish food and Rs.50,000/-
miscellaneous expenditure
Medical Expenses Rs.3,98,630/-
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C.M.A.No.3192 of 2017
Calculation Rs.
Future medical expenses Rs.10,000/-
Attender charges Rs.20,000/-
Loss of future earning capacity/power Rs.18,000/-
(Rs.3000x12x50%(functional disability))
Loss of earning during the period of Rs.6,000/-
treatment
(Rs.3000(notional income) x 2 months)
Damages for pain, suffering and trauma Rs.50,000/-
Loss of amenities Rs.20,000/-
Total compensation is hereby fixed at Rs.5,72,630/-
6. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed to the extent indicated
above. Accordingly, the compensation awarded is reduced from Rs.10,54,000/-
to Rs.5,72,630/-. The rate of interest awarded by the Tribunal remains in tact.
No Costs. Consequently, connected miscellaneous petition is closed.
(ii) the Appellant insurance company is directed to deposit the modified
reduced award amount before the Tribunal, within a period of eight weeks from
the date of receipt of a copy of this order, less the amount, if any already
deposited.
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C.M.A.No.3192 of 2017
(iii) On such deposit being made, the claimant is permitted to withdraw
his 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.
(iv) If at all the Appellant Insurance Company had already deposited the
awarded compensation amount, after satisfaction of the award, the Tribunal is
directed to refund the surplus deposited money taking note of the reduced
compensation amount herein, to the Appellant Insurance Company.
07.06.2023
Internet : Yes/No
Speaking Order/Non-Speaking Order
dhk
To
The Presiding Officer,
Motor Accidents Claims Tribunal
II Court of Small Causes,
Chennai
https://www.mhc.tn.gov.in/judis
C.M.A.No.3192 of 2017
A.A.NAKKIRAN, J.
dhk
C.M.A.No.3192 of 2017
07.06.2023
https://www.mhc.tn.gov.in/judis
