Madras High Court
The Manager vs Bama on 26 June, 2023
C.M.A.(MD)No.24 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.24 of 2023
and
C.M.P.(MD)No.243 of 2023
The Manager,
Rep.by M/s.National Insurance Company Limitd,
[TP HUB], Sarvista Convent Building,
12-A, District Court Opposite,
YMR, YMR Patti,
Karunanithi Nagar,
Dindigul District. ...Appellant/3rd Respondent
Vs.
1.Bama
2.Vellaiyammal
Raman (died)
3.Senthilkumar
4.Venkatesan ...Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the judgment and decree dated 12.08.2022
passed in M.C.O.P.No.74 of 2020 on the file of the Additional District Court,
Karur.
For Appellant : Mr.V.Sakthivel
For R1 & R2 : Mr.K.Sudalayandi
For R3 & R4 : No Appearance
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.24 of 2023
JUDGMENT
Challenging the award passed by the Motor Accident Claims Tribunal in
M.C.O.P.No.74 of 2020, dated 12.08.2022, the Insurance Company had come up
with an appeal.
2.For the sake of convenience, the parties are referred to herein, as per
their rank before the Trial Court.
3.The brief facts, leading to the filing of this Civil Miscellaneous
Appeal, are as follows:-
(i)On 15.09.2019 at about 01.30 p.m., while the deceased Sureshkumar
was waiting in his motorcycle bearing Registration No.TN-64-L-6597 on the
extreme left side of the road, the car bearing Registration No.TN-22-DE-9572
driven by the first respondent from east to west in a rash and negligent manner, hit
against the two wheeler from the behind, while overtaking a vehicle. As a result,
the deceased was thrown out of the vehicle and sustained head injuries and died on
the way to the hospital.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.24 of 2023
(ii)The first petitioner is the wife of the deceased. The second petitioner
is the mother of the deceased and third petitioner is the father of the deceased.
The deceased was aged about 30 years. He was a Tiles Layer by profession and he
was earning a sum of Rs.20,000/- per month. Hence, the claimants have filed the
claim petition seeking compensation.
(iii)The third respondent before the Tribunal took a stand that only the
deceased was negligent in driving the vehicle and he suddenly crossed the road
without observing the vehicle on road. The income of the deceased was also
disputed.
4.Before the Tribunal, on the side of the claimants P.W.1 and P.W.2 were
examined and Ex.P1 to Ex.P9 were marked. On the side of the respondents R.W.1
was examined and Ex.R1was marked.
5.Based on the materials, the tribunal found that only the driver of the
offending vehicle was rash and negligent in driving the vehicle and caused the
accident and awarded the following compensation:
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C.M.A.(MD)No.24 of 2023
S.No. Description Amount
1. Loss of future income Rs.26,09,472/-
2. Loss of consortium Rs. 80,000/-
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
5. Transport expenses Rs. 10,000/-
Total Rs.27,29,472/-
6.Though several grounds were raised in this appeal, the main ground
urged by the learned counsel for the appellant is that the Tribunal despite the fact
that the age of the deceased is 38 years at the relevant point of time as per his
license, took the age of the deceased as 32 years mainly on the basis of the
postmortem certificate and adopted multiplier '16'. On this ground, the learned
counsel for the appellant seeks modification of the award.
7.In the light of the above submission, now the point arise for
consideration in this appeal is:
(1) Whether the Tribunal is right in fixing the age of the deceased as
'32'?
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C.M.A.(MD)No.24 of 2023
8.As rightly pointed out by the learned counsel for the appellant, the
Tribunal infact had not considered Ex.R1, driving license of the deceased, wherein
his date of birth is shown as 20.04.1981, which means, the age of the deceased at
the time of accident is 38 years. When the age has been clearly reflected in the
admitted document, the Tribunal ought to have considered the same. Instead, the
Tribunal had relied upon the postmortem certificate and fixed the age of the
deceased at 32 years. The approach of the Tribunal is not correct.
9.Accordingly, the fixation of the age of the deceased at '32' adopting the
multiplier at '16' by the Tribunal is set aside and the age of the deceased is fixed at
'38' and multiplier is fixed at '15'. The fixation of notional income of the deceased
on the basis of the cost index theory does not require any interference. Hence, the
compensation awarded by the Tribunal under other heads are hereby confirmed.
In the result, the claimants are entitled to the compensation as follows:
S.No. Description Amount
1. Loss of future income Rs.24,46,380/-
2. Loss of consortium Rs. 80,000/-
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
5. Transport expenses Rs. 10,000/-
Total Rs.25,66,380/-
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C.M.A.(MD)No.24 of 2023
10.Accordingly, the Civil Miscellaneous Appeal is partly allowed and the
award passed by the Tribunal is hereby reduced as stated above.
11.The Insurance company is directed to deposit the compensation
amount i.e., Rs.25,66,380/- (Twenty Five Lakhs Sixty Six Thousand Three
Hundred and Eighty only) as modified by this Court from the date of petition till
the date of realization to the credit of M.C.O.P.No.74 of 2020, on the file of the
Motor Accident Claims Tribunal/Additional District Court, Karur within a period
of one month from the date of receipt of a copy of this judgment, less the amount,
if any already deposited. On such deposit, the claimants are permitted to withdraw
the same as apportioned by the Tribunal, less the amount if any already withdrawn,
by making necessary application before the Tribunal. No costs. Consequently,
connected miscellaneous petition is closed.
26.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
ta
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.24 of 2023
To
1.The Motor Accident Claims Tribunal/
Additional District Court, Karur.
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.24 of 2023
N.SATHISH KUMAR, J.
ta
C.M.A.(MD)No.24 of 2023
26.06.2023
https://www.mhc.tn.gov.in/judis
