Madras High Court
The Branch Manager vs Boopathy (Died) on 28 November, 2023
C.M.A.(MD)No.573 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.573 of 2018
and
C.M.P.(MD)No.6627 of 2018
The Branch Manager,
Chola Mandalam M.S.General Insurance
Company Ltd.,
nd
2 Floor, Dare House,
No.2, N.S.C.Bose Road,
Chennai. ... Appellant
Vs.
1.Boopathy (Died)
2.S.Elangovan
3.S.Siva
4.Jithendra Kumar ... Respondents
(Memo dated 25.02.2022, filed on 25.02.2022 in
USR No.5664 is recorded, as R1 died and R2 & R3,
who are already on record, are recorded as LRS of
the deceased R1 vide Court order dated 11.10.2023
made in C.M.A.(MD)No.573 of 2018)
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.573 of 2018
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated
13.10.2017 made in M.C.O.P.No.592 of 2012 on the file of Motor
Accidents Claims Tribunal, (Principal District Judge), Dindigul.
For Appellant : Mrs.K.R.Siva Shankari,
for Mr.S.Srinivasa Raghavan
For R-2 & R-3 : Mr.D.Venkatesh
For R-4 : Mr.J.Selvam
JUDGMENT
This Civil Miscellaneous Appeal is filed to set aside the fair and
decreetal order dated 13.10.2017 made in M.C.O.P.No.592 of 2012 on the
file of Motor Accidents Claims Tribunal, (Principal District Judge),
Dindigul.
2. This is a fatal case. The legal heirs of the deceased person who are
the wife and the sons of the deceased person have filed the M.A.C.O.P
under Section 166 of the Motor Vehicles Act claiming a compensation of
Rs.8,00,000/- (Rupees Eight Lakhs only) for the loss of life of Soundarajan
who died in a motor accident. On 16.11.2011, at about 02.55 p.m., the
https://www.mhc.tn.gov.in/judis
deceased Soundarajan and his grandson Minor Barath were travelling in a
motor cycle bearing Registration No.TN-57-L-9870 after school time from
east to west on the left side of Trichy Madurai NH-45 road and at the place
near E.B.Colony Pirivu, a Toyota Innova Car bearing Registration
No.KA-05-MF-4547 which came behind the motor cycle in a rash and
negligent manner without following the rules, had dashed against the two
wheeler. Due to the said accident, the said Sundarajan had died on the spot
itself and his grandson minor Barath had sustained grievous injuries. One
Muniyandi and one Duraipandi who had witnessed the accident, informed
the matter to Tmt.Boobathi, wife of the deceased. Tmt.Boopathy, the 1st
respondent/1st petitioner came to the spot and reported the matter to the
Thadicombu Police. The accident occured only due to the rash and
negligent driving of the Innova Car driver and a case was registered in
Cr.No.755 of 2011 under Sections 279, 337 and 304 (A) IPC of
Thadicombu Police Station. After post mortem was conducted on the dead
body of the deceased at Government Hospital, the body was taken by the
petitioners for funeral. The 4th respondent/ 1st respondent is the owner of
the vehicle and the appellant/ 2nd respondent is the insurer. Hence, both the
4th respondent /1st respondent and the appellant / 2nd respondent are jointly
and severally liable to pay compensation.
https://www.mhc.tn.gov.in/judis
3. The deceased person was a retired employee and was working as
Junior Engineer in Tamil Nadu Electricity Department. After his
retirement, he was doing grocery business and he was earning Rs.10,000/-
(Rupees Ten Thousand only) per month. Apart from that, the deceased
person was also getting a pension amount of Rs.13,810/- (Rupees Thirteen
Thousand Eight Hundred and Ten only) per month. However, the Tribunal
has taken into account only the pension amount which was drawn by the
deceased and had rightly deducted 1/3rd for personal and living expenses
and had calculated the annual contribution. On the basis of the age of the
deceased as 59 years at the time of the accident, the Tribunal has awarded
the compensation under the head of loss of dependency and arrived at an
amount of Rs.9,94,320/- (Rupees Nine Lakhs Ninety Four Thousand Three
Hundred and Twenty only). The wife of deceased and the sons of the
deceased have been awarded an amount of Rs.50,000/- (Rupees Fifty
Thousand only) each towards loss of love and affection, a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) towards tranportation and a
sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards funeral
expenses. Three witnesses were examined and Ex.P.1 to Ex.P.9 were
https://www.mhc.tn.gov.in/judis
marked on the side of the petitioners. One witness was examined and
Ex.R1 to Ex.R.3 were maked on the side of the respondents. On the basis
of the evidence on record and the materials available on record, the
Tribunal has passed an award of Rs.11,94,320/- (Rupees Eleven Lakhs
Ninety Four Thousand Three Hundred and Twenty only) for the loss of life
of deceased Sundarajan with interest at 7.5% p.a. from the date of petition
till realisation and proportionate costs. Challenging the same, the present
Civil Miscellaneous Appeal is filed.
4. The learned Counsel appearing for the appellant has submitted
that the Tribunal was not justified in fixing the monthly income of the
deceased at Rs.13,810/- (Rupees Thirteen Thousand Eight Hundred and
Ten only). It was also contended that the grant of conventional damages is
also on the higher side since they are granted against the letter and spirit of
dictum of the Hon'ble Supreme Court of India in Pranoy Sethi's case. The
learned Counsel for the appellant vehemently submitted that an amount of
Rs.50,000/- (Rupees Fifty Thousand only) towards love and affection may
be reduced to Rs.30,000/- (Rupees Thirty Thousand only).
https://www.mhc.tn.gov.in/judis
5. Heard, the learned Counsel appearing for the appellant and the
learned Counsels appearing for respondents and perused the materials
available on record.
6. On critical perusal of the entire award, it is clear that the Tribunal
has rightly assessed the oral and documentary evidence and arrived at a
just and reasonable compensation. In view of the same, this Court is of the
considered view that this amount is not excessive. Hence, I am not inclined
to interfere with the award passed by the Tribunal. Accordingly, this Civil
Miscellaneous Appeal is dismissed.
7. The Insurance Company is directed to deposit the entire
compensation amount as awarded by the Tribunal with accrued interest and
costs to the credit of M.C.O.P.No.592 of 2012 on the file of the Motor
Accident Claims Tribunal, (Principal District Judge), Dindigul, within a
period of eight weeks (8) from the date of receipt of copy of this judgment,
less the amount, if any already deposited. On such deposit, the claimants
https://www.mhc.tn.gov.in/judis
are permitted to withdraw the said amount, less the amount, if any already
withdrawn, by making necessary application before the Tribunal. No
costs.
28.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
Sml
To
The Motor Accidents Claims Tribunal,
(Principal District Judge),
Dindigul.
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.,
Sml
28.11.2023
https://www.mhc.tn.gov.in/judis
