Madras High Court
Branch Manager vs Santhi on 22 June, 2023
C.M.A.No.1245 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY
C.M.A.No.1245 of 2023
and
C.M.P.No.12163 of 2023
Branch Manager
National Insurance Company Limited
D.No.19/B, S.R.Commplex, Rajamani Thottam,
Bhavani Main Road, NH-47
Sangagiri Taluk,
Salem District. ... Appellant
Vs.
1. Santhi
2. Muhin
3. Minor Kaviya
rep. by N.F./Mother santhi
4. Masilamani ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 25.08.2022
made in MCOP No.375 of 2019 on the file of the Motor Accident Claims
Tribunal, Sub Judge at Rasipuram.
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C.M.A.No.1245 of 2023
For Appellant : Mr.R.Sree Vidhya
For Respondent : Mr.Yuvaraj
JUDGMENT
This Civil Miscellaneous Appeal is directed against the award of
the Motor Accident Claims Tribunal at Rasipuram, dated 25.08.2022 in
M.C.O.P.No.375/2019. Aggrieed by the quantum of the award, the
Insurance Company is on appeal.
2. Heard Mrs.R.Sree Vidhya, learned counsel for the appellant and
Mr.Yuvaraj, the learned counsel for the respondent.
3. Learned counsel for the appellant, taking this Court through the
award and the evidence would contend that firstly, when it is the case of
the claimant that he was employed as Assistant Director, Horticulture
Department, the Tribunal, while computing his actual income had taken
the gross salary as per the salary slip and had not given any deduction
whatsoever in respect of Provident Fund and other permissible
deduction. Therefore, she would submit that calculating the monthly
salary at Rs.32,092/- is on the higher side. She would further submit that
after awarding a sum for loss of estate, funeral expenses and loss of
consortium, awarding Rs.1,00,000/- again, for loss of love and affection
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C.M.A.No.1245 of 2023
is erroneous.
4. Per contra, the learned counsel for the respondent would submit
that the respondent was working in the Horticulture Department and only
a minimum salary was fixed and not even the subsequent raising of other
Pay Commission was taken into account.
5. We have considered the submissions made on either side and
perused the material records of the case.
6. As far as taking of income is concerned, we find that the
deceased was aged 45 years and was working as Assistant Director in the
Horticulture Department. Considering the overall qualification of the
deceased and his designation and his nature of work, taking into account
the gross salary as per the salary slip at Rs.32,092/- is not excessive or
erroneous. Therefore, we reject the said submission made on behalf of
the learned counsel for the appellant.
7. As far as the second submission is concerned, it is now made
clear by the Hon'ble Supreme Court of India that the award of
compensation can only be under four heads namely, loss of dependency,
loss of estate, loss of consortium and funeral expenses. Therefore, the
award of sum of Rs.1,00,000/- for loss of love and affection is incorrect.
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C.M.A.No.1245 of 2023
Therefore, the award of the Tribunal is interfered only to that extent.
8. Accordingly, we reduce the total award as granted by the
Tribunal i.e., a sum of Rs.55,65,664/- to Rs.54,65,664/- (Rupees Fifty
Four Lakhs Sixty Five Thousand Six Hundred and Sixty Four only.
Accordingly, the Civil Miscellaneous Appeal stands partly allowed.
There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
9. The Insurance company shall deposit the entire sum awarded,
less the amount, if any, already deposited, within a period of six weeks
from the date of receipt of a copy of the order. On such deposit being
made, the claimants are entitled to withdraw the entire deposit amount, in
the same proportion as ordered by the Tribunal.
(J.N.B,J.) (D.B.C, J.)
Index : Yes / No 22.06.2023
Internet : Yes
vsi
To
The Motor Accident Claims Tribunal,
Sub Judge at Rasipuram.
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C.M.A.No.1245 of 2023
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
vsi
C.M.A.No.1245 of 2023
22.06.2023
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