Madras High Court
Shriram General Insurance Co.Ltd vs R.Savithiri on 1 March, 2023
C.M.A.No.486 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.486 of 2023
and
C.M.P.No.4173 of 2023
Shriram General Insurance Co.Ltd.,
1st Floor, No.5-F, Sachin Plaza,
Reddiyur Block No.1,
Salem Town – 636016. ... Appellant
Vs.
1. R.Savithiri
2. V.Sakthirama
3. Priya
4. Dhanasekaran ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to allow the CMA by disallowing the excessive
compensation amount of Rs.10,61,092/- payable towards Award dated
01.09.2022 passed in M.C.O.P.No.936 of 2020 by the Motor Accidents
Claims Tribunal, (Special District Judge) Salem.
For Appellant : Mrs. E.Chitra
for Mr.N.Somasundaar
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
JUDGMENT
This Civil Miscellaneous Appeal is directed as against the award and
decree passed in M.C.O.P.No.936 of 2020 dated 01.09.2022 on the file of
the Motor Accidents Claims Tribunal (Special District Judge), Salem,
thereby awarding the compensation of Rs.27,02,280/-.
2. The Respondents1 to 3/claimants filed a claim petition on the death
of the husband of the first respondent, due to the accident that had occurred
on 02.12.2019.
3. The case of the claimants is that while the deceased was riding his
two-wheeler bearing Registration No.TN-52-V-4813 XL Super carefully,
keeping to his left side by wearing helmet and by observing all rules of road
traffic to go to Vijaya Mahal Thirumana Mandapam to attend marriage
reception, at that time, near Mecheri Om Sakthi furniture shop (Mecheri to
Mallikuntham road), the fourth respondent had driven his Eicher goods
vehicle bearing Registration No.TN-93-A-7827, in a rash and negligent
manner and hit the motor cycle which was driven by the deceased behind his
motorcycle, due to which, he fell down from the motorcycle and he
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
sustained severe head injuries. Immediately, he was taken to Mecheri
Government Primary Health Centre and thereafter, he was referred to Salem
Manipal Hospital for further treatment, where he was advised to take higher
treatment at Kovai Medical Centre and Hospital, Coimbatore, wherein he
was admitted as an in-patient and the deceased had undergone various
surgeries as follows:-
“1. Neuro Surgery Right FTP Decompressive
Cranidomy Evacuation of SDH and consusionectomy
(frontal LCH) + Basal cisternostomy was done on
03.12.2019.
2. An ENT surgical tracheostomy operation was done
on 06.12.2019.
3. On 01.01.2020 Nepro-cysto+Right DT stunting
operation was done to him.”
4. Thereafter, the deceased was discharged and was advised that for
periodical check-up and review from Kovai Medical Centre and Hospital,
Coimbatore. Therefore, the claimants had taken separate house on lease for
monthly rent at IOB Colony, Sree Daksha Vhridhaa-B4, Coimbatore and a
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
Nurse was engaged for monthly salary of Rs.23,000/- to take care of him.
Again, on 03.02.2020, he was admitted as an in-patient for an operation of
FTP canioplasty at KMCH, Coimbatore and he there was till 14.02.2020.
Thereafter, he was discharged from the hospital. Again, on 19.02.2020, he
was admitted as an in-patient in KMCH, Coimbatore for change of catheter
trachesotomy tube, urine tube and food tube till 16.03.2020. Again, he was
underwent Neruo Surgery Medical Management and discharged after 10
days. On 24.03.2020, his health condition was deteriorated and again, he
was admitted as an in-patient. He had undergone various treatments and in
spite of the above said best treatment given to the deceased, viz., P.Vadivelu
for the injuries sustained by him in the accident, he died on 25.03.2020 at
about 12.15 p.m. Hence, the respondents 1 to 3 herein filed a claim petition
claiming Rs.1 Crore as compensation with costs and interest.
5. The appellant/Insurance Company herein had taken specific stand
that the deceased did not have income as claimed by the claimants. He also
disputed the pension received by the deceased.
6. On the side of claimants P.W.1 to P.W.3 were examined and
documents were marked as Exs.P.1 to P.30. On the side of the respondents
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
before the Tribunal, no one was examined and no documents were marked.
7. On a perusal of the oral and documentary evidence, the claims
Tribunal awarded the compensation of Rs.27,02,280/- under the heads as
follows:-
S. Heads Amount
No.
1. Loss of income [22,932x12x5=)Rs.13,75,920/- - Rs.9,17,280.00
1/3(4,58,640/-)
2. Loss of love and affection (20,000x3) Rs.60,000.00
3. Medical Expenses Rs.17,00,000.00
4. Funeral Expenses Rs.25,000.00
Total Rs.27,02,280.00
8. The learned counsel for the appellant/Insurance Company
submitted that admittedly the deceased was a pensioner and he had received
monthly pension at Rs.22,932/- and even after his demise, his wife, viz., the
first respondent herein is receiving 50% of the said amount as family
pension. Therefore, the Tribunal ought not to have taken the full pension
under the head “loss of income” in order to grant the compensation. Further,
the claimants also failed to prove that the accident had occurred only due to
the vehicle driven by the fourth respondent herein. The accident had
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
occurred only due to the rash and negligent driving by the fourth respondent
and as such, the appellant/Insurance Company is not liable to pay the
compensation being the insurer of the vehicle.
9. On a perusal of the records, it reveals that, after the accident, the
First Information Report (FIR) has been registered as against the fourth
respondent on 03.12.2019 in Crime No.473 of 2019 as against the driver of
the Eicher vehicle bearing Registration No. TN-93-A-7827 for the offences
under Sections 279 and 337 of IPC. After the death of the deceased, it has
been altered to the offence under Section 304-A of the IPC.
10. Insofar as the income of the deceased is concerned, admittedly he
was a retired Physical Director from Government Boys Higher Secondary
School, Mecheri and he had lastly drawn a monthly pension at Rs.28,549/-.
He was aged about 70 years at the time of his death. Therefore, the Tribunal
rightly adopted the multiplier method and multiplier “5” was adopted as per
Ex.P.28. The monthly pension was taken at Rs.22,932/- and after deducting
1/3rd awarded a sum of Rs.9,17,280/- under the caption “loss of income”.
For love and affection, the Tribunal has awarded a sum of Rs.20,000/- each
to the claimants (totally at Rs.60,000/-). Insofar as the medical expenses are
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
concerned, the Tribunal has awarded a sum of Rs.17,00,000/- and the
claimants proved the medical expenses by marking the medical records,
discharge summary and medical bills as Exs.P6 to P11. The Tribunal
awarded Rs.25,000/- under the head “funeral expenses”.
11. The amounts awarded by the Tribunal under all the heads are just
and fair and there is absolutely no ground made out to interfere with the
Award passed by the Tribunal. Hence, this Court finds no infirmity or
illegality in award passed by the Tribunal.
12. Accordingly, this Civil Miscellaneous Appeal is dismissed.
Consequently, the connected Miscellaneous Petition is dismissed. No costs.
01.03.2023
Speaking/Non-speaking order
Index : Yes/No
Neutral Citation: Yes/No
kv
To
1. The Motor Accidents Claims Tribunal,
(Special District Judge) Salem.
2. The Section Officer,
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
V.R. Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.486 of 2023
G.K.ILANTHIRAIYAN,J.
Kv
C.M.A.No.486 of 2023
01.03.2023
https://www.mhc.tn.gov.in/judis
