Madras High Court
Iffco Tokio General Insurance ... vs J.Dhanalakshmi on 13 October, 2023
C.M.A(MD)No.286 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.M.A(MD)No.286 of 2021
and
C.M.P(MD)No.9185 of 2021
and
C.M.P(MD)No.2411 of 2021
IFFCO TOKIO General Insurance Company Ltd.,
819/1, Second Floor,
Kingston Park,
Ramalinga Nagar,
Trichirappalli. ...Appellant/Respondent No.2
.vs.
1.J.Dhanalakshmi
2.K.Jeyabal ... Respondent Nos.1 & 2/
Petitioners
3.R.Loganathan ...Respondent No.3/
Respondent No.1
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988 against the order dated 27.06.2019
passed in M.C.O.P.No.553 of 2013 on the file of the Motor Accident
Claims Tribunal (Special District Judge) at Thiruchirapalli insofar as
quantum of compensation awarded.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.286 of 2021
For Appellant :Mr.V.Sakthivel
For Respondents :No appearance
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.553 of 2013, dated
27.06.2019, on the file of the Motor Accident Claims Tribunal
(Special District Judge) at Thiruchirapalli and to set aside the
judgment and award.
2. The Insurance Company is the appellant herein. The
respondents 1 & 2 filed a claim petition in M.C.O.P.No.553 of 2013
before the Motor Accident Claims Tribunal (Special District Judge) at
Tiruchirapalli claiming compensation of Rs.30,00,000/- for the death
of the petitioners son namely Chandrasekar in the road transport
accident on 05.05.2006.
3. The case of the claim petitioners before the tribunal is that
while their only son was riding two-wheeler bearing Registration
No.TN-45-AA 6888, the offending vehicle a light goods motor
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.286 of 2021
vehicle bearing Registration No.TN-22-B-3877 was driven by its
driver in a rash and negligent manner and dashed against the said
Chandrasekar. Due to the impact, he sustained injury and
subsequently, succumbed to the injuries and he was an engineer by
qualification and hence, they sought for compensation.
4. The Insurance Company filed counter statement admitting
the coverage of policey, however, disputed the manner of accident.
5. During trial, the first claim petitioner was examined as
P.W.1 and occurrence witness was examined as P.W.2 and marked
Ex.P1 to Ex.P14. On behalf of the respondents, no oral and
documentary evidence marked.
6. Based upon the oral and documentary evidence, the
triabunal has come to the conclusion that the accident had taken
place due to the rash and negligent driving of the van, which was
insured with the appellant/insurance company and also observed
that there was no evidence available on record that the deceased
had drove the vehicle with a high speed or in a rash and negligent
manner and dashed against the goods vehicle. Based upon Ex.P1
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C.M.A(MD)No.286 of 2021
FIR, Ex.P6 rough sketch, the tribunal has rightly come to the
conclusion that the accident had taken place due to the rash and
negligent driving by the driver of the goods vehicle insured with the
appellant and the said finding appears to be just and fair and hence,
there is no interference.
7. On the point of quantum of compensation, we find that the
tribunal has taken notional income of the deceased at Rs.5,000/-
and for a bachelor 50% was deducted towards future prospects and
multiplier '18' was adopted, are just and reasonable.
8. Hence, both the point of negligence and quantum of
compensation, we find that the award passed by the tribunal is just
and reasonable, does not require any interference.
9. Accordingly, this Civil Miscellaneous Appeal is dismissed and
the judgment and award passed by the Motor Accident Claims
Tribunal (Special District Judge) Tiruchirapalli in M.C.O.P.No.553 of
2023, dated 27.06.2019 is confirmed. The appellant Insurance
Company is directed to deposit the award amount with
proportionate accrued interest and costs, less the award amount
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C.M.A(MD)No.286 of 2021
already deposited, if any, within a period of eight weeks from the
date of receipt of a copy of this order. On such deposit being made,
the claimants are entitled to withdraw their share amount as
apportioned by the tribunal along with proportionate accrued
interest and cost, less the amount already withdrawn, if any. No
costs.Consequently, connected miscellaneous petitions are closed.
[T.K.R.,J.] [P.B.B.,J.]
13.10.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
am
To
The Motor Accident Claims Tribunal
(Special District Judge) at Thiruchirapalli
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.286 of 2021
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
JUDGMENT MADE IN
C.M.A(MD)No.286 of 2021
13.10.2023
https://www.mhc.tn.gov.in/judis
