Madras High Court
The Medical Officer vs Dr.N.Kannan on 12 October, 2023
C.M.A(MD)No.148 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.M.A(MD)No.148 of 2020
and
C.M.P(MD)No.2509 of 2020
1.The Medical Officer,
Primary Health Centre,
Malaikovilur,
Aravakkurichi Taluk,
Karur District.
2.The District Collector,
Karur. ...Appellants/Respondents 2 & 3
.vs.
1.Dr.N.Kannan
2.Minor Juhi Kannan
rep. by next friend
her father Dr.N.Kannan
3.K.Parvathi
4.M.Kandaiah ... Respondents/Petitioners
5.V.Mariyappan ... Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173(1) of
Motor Vehicles Act, 1988 against the fair and decreetal order dated
23.10.2019 passed by the Motor Accident Claims Tribunal, (Principal
1/10
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C.M.A(MD)No.148 of 2020
District Judge), Karur under Motor Vehicles Act dated 23.10.2019 in
M.C.O.P.No.201 of 2023.
For Appellant :Mr.D.Suchikumar
Additional Government Pleader
For R1 to R4 :Mr.N.Sudhagar Nagaraj
For R5 :Mr.T.Anthony Arul Raj
JUDGMENT
*********
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]
This Civil Miscellaneous Appeal is directed againt the
judgement and award made in M.C.O.P.No.201 of 2023, dated
23.10.2019, on the file of the Motor Accident Claims Tribunal,
(Principal District Judge), Karur and to set aside the judgment and
award.
2. For the sake of convenience, the parties are referred herein
as per their ranking before the Tribunal.
3.The respondents 1 to 4 herein, who are the legal
representatives of the deceased Backialakshmi, has filed the claim
petition claiming compensation of Rs.2,00,00,000/- for the death of
the said person in the road transport accident on 23.01.2013 while
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C.M.A(MD)No.148 of 2020
she was working as Government Doctor in the Primary Health
Centre had travelled in a Swaraj Mazda van bearing Registration
No.TN-09-G-1446 belongs to the Government represented by the
District Collector. While the vehicle was plying from Sukkaliyur
round about 11 a.m., due to the rash and negligent driving of the
driver of the said van belongs to the Government, the van capsized
and caused the accident, wherein, she suffered head injuries and
succumbed to the injuries. At the time of accident, the age of the
deceased was 30 years and she was working as Assistant Surgeon
in Government Primary Health Centre, Malaikovilur. The Tribunal
has awarded a sum of Rs.95,24,592/- as compensation. Aggrieved
over the same, the Medical Officer, Primary Health Centre,
Malaikovilur and the District Collector, Karur have filed this appeal.
4. The respondents in the claim petition herein have filed
counter statement denying the manner of accident, negligence on
the part of the driver.
5. Before the tribunal, the claimants examined five witnesses
as P.Ws.1 to 5 and marked Exs.P.1 to P25 and on the side of the
respondents two witnesses viz., RW1 to RW2 were examined and no
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C.M.A(MD)No.148 of 2020
documents were marked on the side of the respondents. Ex.X1 to
Ex.X5 were marked as court documents.
6. Considering both oral and documentary evidence, the Motor
Accident Claims Tribunal/District Court, Karur allowed the claim
petition and awarded a sum of Rs.95,24,592/- along with interest at
the rate of 7.5% p.a., and gave an apportionment.
7. Aggrieved against the said judgment and award, the
respondents / owner of the vehicle District Collector has filed this
appeal since the Government vehicle was exempted from
compulsory insurance.
8. Heard the learned Additional Government Pleader
appearing for the appellants and the learned counsel appearing for
the claimants.
9. On perusal of the award passed by the learned Tribunal and
also taking note of the evidence of P.W.2 and Ex.P3 and Ex.P5, we
have no hesitation to hold that the accident had occurred due to the
rash and negligent driving of the driver of the van, namely, Swaraj
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C.M.A(MD)No.148 of 2020
Mazda. The sixth respondent was employed under appellants herein
and therefore, the appellants are jointly and severally liable to pay
the compensation.
10. On the point of quantum of compensation, heard both
sides.
11. On perusal of Ex.P13 salary certificate, we find that the
deceased received a sum of Rs.34,574/- per month after payment
of income tax and hence, for calculation purpose, it is rounded off to
Rs.34,580/-. This Court is inclined to fix a sum of Rs.34,580/- as
monthly salary and 50% has to be added as future prospects. On
the date of accident, namely 23.01.2013 the deceased was 30
years. This point has been accepted by the learned counsel for the
appellant. As per the birth certificate, the date of birth of the
deceased is 22.06.1982 and the date of accident is 23.1.2013 and
hence, on the date of accident, the deceased was aged about 30
years, 8 months and hence, we fixed the age of the deceased on
the date of accident at 30 years and consequently, multiplier '17' to
be adopted as per the Judgment reported in 2009(2) TN MAC 1
(SC) (Smt. Sarla Verma and Others Vs. Delhi Transport
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C.M.A(MD)No.148 of 2020
corporation and another). The dependants are 4 in number,
therefore, 1/4th has to be deducted and therefore, pecuniary loss
sustained by the claimants are re-assessed as under:-
Rs.34,580 as monthly salary + Rs.17,290/- (50% future
prospects) = 51,870/-. Rs.51,870 x 12 x 17 x 3/4= 79,36,110/-
Therefore, the loss of income would be Rs.79,36,110/-.
12. The amount of Rs.40,000/- awarded by the Tribunal for
loss consortium, Rs.1,00,000/- each for loss of love and affection to
the respondents 2 to 4/ Claimants 2 to 4, Rs.15,000/- for loss of
funeral expenses, Rs.15,000/- and Rs.77,000/- for medical and
transport expenses are just and reasonable. Hence, the civil
Miscellaneous appeal is partly allowed. Total Rs.83,83,110/-.
Accordingly, the pecuniary loss sustained by the claimants are
rearranged as under:-
13.The award of the Tribunal is modified as follows:
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C.M.A(MD)No.148 of 2020
S. Description Amount Amount Award
No. awarded by awarded by confirmed or
Tribunal this Court modified or
enhanced or
granted
1. Loss of income Rs.90,77,592 Rs. 79,36,110 reduced
2. Loss of Rs.40,000/- Rs.40,000 confirmed
Consortium to
the 1st
claimant
3. Loss of Love Rs.1,00,000 Rs.1,00,000 confirmed
and affection (each) (each)
to the (3,00,000) (3,00,000)
appellants 2 to
4. Loss of estate Rs.15,000 Rs.15,000 confirmed
5. For funeral Rs.15,000 Rs.15,000 confirmed
expenses
6. Medical and Rs.77,000 Rs.77,000 confirmed
Transportation
Tota Rs. Rs. Reduced by
95,24,592/- 83,83,110/- Rs.
11,41,482/-
14.The Civil Miscellaneous Appeal is partly allowed reducing
the compensation from Rs.95,24,592/- to Rs.83,83,110/- with
interest at the rate of 7.5% p.a.from the date of claim petition till
the date of realization. The appellant / Insurance Company is
directed to deposit the entired modified award amount with accrued
interest and costs, less the award amount already deposited, if any,
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C.M.A(MD)No.148 of 2020
within a period of eight weeks from the date of receipt of a copy of
this order. On such deposit being made, the major claimants are
permitted to withdraw their share amount as per the ratio of
apportionment made by the Tribunal along with proportionate
accrued interest and cost, less the amount already withdrawn, if any
by filing proper petition before the Tribunal. The Tribunal shall
deposit the share of the minor Respondent No.2/minor claimant No.
2 in a Fixed Deposit in any one of the Nationalised Bank, which shall
be renewed periodically, till he attains majority. The first respondent
– mother of the minor is permitted to withdraw the interest from
the shares of her minor children, viz., Respondent No.2, once in
three months from the bank directly. The appellant is directed to
pay the additional court fee, if any, to the credit of Registry. Only
on such payment being made, Registry is directed to draft the
decree in this appeal. No costs. Consequently, connected
miscellaneous petition is closed.
[T.K.R.,J.] [P.B.B.,J.]
12.10.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
am
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C.M.A(MD)No.148 of 2020
To
1.The Motor Accident Claims Tribunal,
(Principal District Judge), Karur.
2.The Medical Officer,
Primary Health Centre,
Malaikovilur,
Aravakkurichi Taluk,
Karur District.
3.The District Collector,
Karur.
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C.M.A(MD)No.148 of 2020
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
JUDGMENT MADE IN
C.M.A(MD)No.148 of 2020
12.10.2023
https://www.mhc.tn.gov.in/judis
