Madras High Court
Royal Sundaram Alliance Insurance Co. ... vs Kavitha on 21 November, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.2780 of 2019
Royal Sundaram Alliance Insurance Co. Ltd.,
12A, ATP Towers, 5th Floor,
Bye pass Road, Madurai. .. Appellant
Vs.
1. Kavitha
2. Minor Sathish Kumar
3. Minor Dhinesh
(Minor respondents are represented by
next friend and guardian, first respondent)
4. Vasantha
5. P.Datchinamoorthi
6. M.Shanmugam .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the decree and judgment dated 5.06.2017 in
MCOP.No.533 of 2012 on the file of the Motor Accidents Claims Tribunal
(IV Additional District Court) Erode District at Bhavani.
For Appellant : Mr.S.Elveera Ravindran
For Respondents : Mr.C.Kulanthaivel RR1 to 4
R5 & R6 – NRN
https://www.mhc.tn.gov.in/judis
2
JUDGMENT
This appellant has come forward with this appeal to set aside the
decree and judgment dated 5.06.2017 in MCOP.No.533 of 2012 on the file
of the Motor Accidents Claims Tribunal (IV Additional District Court)
Erode District at Bhavani.
2.Brief fact which are necessary for disposal of this appeal are as
follows:-
On 23.03.2012 at about 01.15 pm. The deceased drove his friend's
motor cycle bearing Reg. No.TN 36 P 9970 on Sathy to Bhavani Main
Road. at that time, a lorry bearing Reg. No.TN 66 C 5650, owned by the 5 th
respondent, driven by its driver, in a rash and negligent manner, hit against
the motor cycle, in which deceased was driving. Due to the said acident, the
deceased Vadivel sustained grievous injuries and died on the spot.
Thereafter, the dependents of the deceased filed a claim Petition before the
Motor Accidents Claims Tribunal under Section 166 of the Motor Vehicle
Act, claiming compensation of Rs.15/- lakhs.
3. Before the Tribunal, during trial, in order to prove the case, on the
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side of the claimants, three witnesses were examined viz., PW1 to PW3 and
marked 6 documents viz., Exs.P1 to P6, On the side of the Insurance
company, two witnesses were examined and 8 documents were marked. The
Tribunal, considering the pleadings, oral and documentary evidence,
awarded a sum of Rs.14,53,0000/- in favour of the claimants. Aggrieved by
the same, the appellant/insurance company, has filed this appeal before this
Court.
4. The learned counsel for the appellant submitted that the Tribunal
has failed to appreciate that the deceased riding his motor cycle in the wrong
side rashly and negligently and suddenly, hit against the centre of the lorry.
The Tribunal ought to have found that the accident was caused only by the
deceased. Without considering the entire fact, the Tribunal has awarded
huge compensation to the claimants, which warrants interference of this
Court.
5. Per contra, the learned counsel appearing for the respondents
/claimants submitted that on the basis of the evidence adduced, the Tribunal
has awarded compensation, which is just and fair and the same does not
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warrant any interference.
6. Heard the learned counsel for the appellant as well as the
respondents and also perused the materials available on record before this
Court.
7. The factum of the case are not in dispute. The manner of the
accident is also not in dispute. The only issue that arises for consideration is
with regard to the quantum of compensation awarded by the Tribunal under
various heads, according to the appellant/insurance company, which is
highly excessive.
8. The Tribunal has found that the accident had happened only due to
the rash and negligent driving of the driver of the lorry, for which, the
Tribunal has rightly applied pay and recovery method, which cannot be
interfered with. Further, the age of the deceased is 33 years at the time of the
accident and the Tribunal has fixed the monthly income of Rs.6000/- per
annum and adopted 16 multiplier followed by the decision rendered by the
Hon'ble Apex Court in the case of Sarla Verma, which is perfectly in order.
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The Tribunal has rightly passed award under other heads which are just and
reasonable, which needs no interference.
9. With the above discussion, the writ petition is dismissed. No costs.
The compensation awarded by the Tribunal is confirmed and the appellant is
directed to pay compensation as awarded by the Tribunal to the claimant
with 7.5% interest per annum from the date of petition till the date of
realization, within a period of four weeks from the date of receipt of a copy
of this order. On such deposit being made, the Tribunal is directed to
transfer the amount to the bank account of the claimants through RTGS
within a period of two weeks thereafter.
27.11.2023
Index : Yes
Speaking Order : Yes
rli
To
The Motor Accidents Claims Tribunal (IV Additional District Court) Erode
District at Bhavani.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI,J.
Rli
21.11.2023
https://www.mhc.tn.gov.in/judis
