Madras High Court
The Branch Manager vs J.Saraswathi on 14 June, 2023
C.M.A.(MD)No.508 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.508 of 2023
and
C.M.P.(MD)No.6470 of 2023
The Branch Manager,
National Insurance Company Ltd.,
135-1, First Floor,
Rose Building Main Road,
Kovilpatti,
Tuticorin District ...Appellant /2nd Respondent
Vs.
1.J.Saraswathi
2.Jeyasree
3.Rajeswari
4.Minor Jawahar Ram ...Respondents/Petitioners
st
( rep by her mother natural guardian 1 respondent)
5.J.Mangaiarasu ...Respondent/1st Respondent
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the order of the Motor Accident Claims
Tribunal cum Sub Court, Sivakasi made in M.C.O.P.no.148 of 2012 dated
20.04.2016.
For Appellant : Mr.Rajamani
For R1 : Mr.K.Sethuramanujam
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
JUDGMENT
Challenging the negligence as well as the quantum fixed by the Motor
Accident Claims Tribunal (Sub Court), Sivakasi in M.C.O.P.No.148 of 2012, dated
20.04.2016, the present Civil Miscellaneous Appeal is filed.
2.For the sake of convenience, the parties are referred to herein as per
their rank before the Tribunal.
3.The brief facts leading to the filing of the claim petition are as follows:
On 07.01.2010 at about 18.00 hours, the deceased was riding his
motorcycle bearing Registration No.TN-67-Y-6085 with his friend and he stopped
his motorcycle behind the vehicle bearing Registration No.TN-69-Y-7966. At the
time, the mini bus bearing registration No.TN-69-W-0561 driven by its driver in a
rash and negligent manner dashed against the motorcycle of the deceased. As a
result, the deceased sustained serious injuries and succumbed to the same on the
way to hospital. FIR was also registered against the offending vehicle.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
(ii)The first claimant is the wife of the deceased. The claimants 2 to 4
are the children of the deceased. The deceased was working as a Sales Manger
and earning a sum of Rs.7,000/- per month. Hence, the claimants have filed the
claim petition seeking compensation.
4.The Insurance Company before the Tribunal took a stand that the
deceased without noticing the vehicle coming behind him, suddenly had crossed
the road and dashed against the vehicle. Further, the deceased was negligent in
driving the vehicle. Hence, opposed the claim petition.
5.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 and P.W.2 and Ex.P1 to Ex.P15 were marked. On the side of
the respondents, one witness was examined as R.W.1 and Ex.R1 and Ex.R2 were
marked.
6.On appreciation of the evidence available on record, the Tribunal
found that only the driver of the offending vehicle/mini bus drove the bus in a rash
and negligent manner and awarded the compensation as follows:
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
S.No. Particulars Amount
1. Loss of Dependency Rs. 8,10,000/-
2. Loss of consortium Rs. 1,00,000/-
3. Loss of love and affection to the Rs. 4,00,000/-
claimants
4. Transportation charges Rs. 5,000/-
5. Funeral Expenses Rs. 25,000/-
6. Loss of estate Rs. 5,000/-
Total Rs.13,45,000/-
Challenging the same, the present Civil Miscellaneous Appeal has been filed by
the appellant.
7.The learned counsel for the appellant would submit that only the
deceased was careless in riding the motorcycle. But, the Tribunal had erred in
fixing the liability on the part of the driver of the bus. That apart, as per the
dictum laid down by the Hon'ble Supreme Court in National Insurance Company
Ltd., vs. Pranay Sethi and others [CDJ 2017 SCC 1220], only a sum of
Rs.40,000/- alone has to be given under the head of loss of consortium and loss of
love and affection, but the Tribunal had awarded a sum of Rs.1 lakhs to the
claimants under the said heads and the same has to be reduced. He would further
submit that the Tribunal had also erred in fixing the interest at the rate of 9%.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
8.In view of the above submission, now the points arise for consideration
in this appeal are:
(a)whether the Tribunal is right in fixing the liability on the part of the
driver of the appellant vehicle
(b)Whether the Tribunal is right in fixing the notional income of the
deceased at Rs.10,000/-?
9.Heard the learned counsel appearing on either side and perused the
materials placed on record.
10.The evidence available on record clearly establishes the fact that the
driver of the offending vehicle was rash and negligent in driving the bus. FIR was
also registered against the driver of the offending vehicle. Considering all these
aspects, this Court is of the view that the negligence fixed by the Tribunal on the
part of the driver of the bus cannot be found fault.
10.The Tribunal considering the documents available on record,
particularly, the fact that the deceased is the retired Military Man, had fixed the
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
notional income of the deceased at Rs.10,000/- and considering the age of the
deceased, the Tribunal adopted the multiplier '9'. This Court is of the view that the
income fixed by the Tribunal is just and reasonable and the same does not require
any interference.
11.However, the Tribunal had not awarded 10% of future prospects as
per the dictum laid down by the Hon'ble Supreme Court in National Insurance
Company Ltd., vs. Pranay Sethi and others [CDJ 2017 SCC 1220]. Accordingly,
if 10% future prospects is added, the monthly income of the deceased would come
around Rs.11,000/- (Rupees Eleven Thousand only) and if multiplier '9' is adopted,
the loss of income of the deceased would come around Rs.11,88,000/- (Rupees
Eleven Lakhs Eighty Eight Thousand only).
11.Further, the Tribunal had awarded a sum of Rs.1,00,000/- towards
loss of consortium and loss of love and affection, which is contrary to the law laid
down by the Hon'ble Supreme Court in the case of National Insurance Company
Ltd., vs. Pranay Sethi and others [CDJ 2017 SCC 1220]. Accordingly, the same
is reduced to a sum of Rs.40,000/- (Rupees Forty Thousand only). In the result,
the claimants are entitled to the compensation as follows:
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
S.No. Particulars Amount
1. Loss of Dependency Rs.11,88,000/-
2. Loss of consortium Rs. 40,000/-
3. Loss of love and affection to the Rs. 1,60,000/-
claimants
4. Transportation charges Rs. 5,000/-
5. Funeral Expenses Rs. 25,000/-
6. Loss of estate Rs. 5,000/-
Total Rs.14,23,000/-
13.Accordingly, this Civil Miscellaneous Appeal is partly allowed.
However, the percentage of interest fixed by the Tribunal at 9% is modified to
7.5%. and the compensation awarded by the Tribunal is modified as follows.
14.The Transport Corporation is directed to deposit the entire
compensation amount i.e., 14,23,000/- (Rupees Fourteen Lakhs and Twenty
Thousand only) as modified by this Court with interest at the rate of 7.5% from the
date of petition till the date of realization to the credit of M.C.O.P.No.148 of 2012,
on the file of the Motor Accident Claims Tribunal /Sub Court, Sivakasi within a
period of six weeks from the date of receipt of a copy of this judgment, less the
amount, if any already deposited. On such deposit, the first claimants is permitted
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
to withdraw a sum of Rs.7,23,000/- (Rupees Seven Lakhs and Twenty Three
Thousand only), the second claimant is entitled to withdraw a sum of
Rs.2,00,000/- (Rupees Two Lakhs only), the third and fourth claimants are entitled
to withdraw a sum of Rs.2,50,000/- each (Rupees Two Lakhs and Fifty Thousand),
less the amount if any already withdrawn, by making necessary application before
the Tribunal. The Tribunal shall deposit the share of the minor claimant in a Fixed
Deposit in any one of the Nationalized Banks, till the minor claimant attains
majority. The guardian of the minor claimant is permitted to withdraw the interest
accrued thereon once in three months directly from the bank. No costs.
Consequently, connected miscellaneous petition is closed.
14.06.2023
NCC : Yes/No
Index : Yes/No
ta
To
1.The Motor Accident Claims Tribunal /
Sub Court, Sivakasi.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.508 of 2023
N.SATHISH KUMAR, J.
ta
C.M.A.(MD)No.508 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
