Madras High Court
National Insurance Company Limited vs Kuruvalakshmi on 16 April, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.M.A(MD)No.455 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.04.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.455 of 2020
and
C.M.P(MD)No.5204 of 2020
National Insurance Company Limited,
Through its Branch Manager,
B.11 Vardhman Plaza,
2nd Floor Sector-16, Noida 201 301,
Gautam Budha Nagar,
Uttar Pradesh State. ... Appellant/2nd respondent
Vs.
1.Kuruvalakshmi
2.Devi
3.Sundar
4.Rajagopal ... Respondents/Petitioners
5.M/s.Dinesh Transport Service,
Through its Manager,
Sector 17/18, Divider Road Sardha,
In front of MGF Toyota Gurgoan,
Gurgoan, Haryana State. ... Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to set aside the judgment and decree passed by the
Motor Accident Claims Tribunal, Special Sub Court, Tirunelveli in
https://www.mhc.tn.gov.in/judis
M.C.O.P.No.954 of 2014, dated 13.06.2017.
1/7
C.M.A(MD)No.455 of 2020
For Appellant : Mr.D.Sivaraman
For R1-R3 : Mr.S.Ganapathyraman
JUDGMENT
The Insurance Company is the appellant herein.
2. The present appeal has been filed challenging the quantum fixed
by the tribunal in M.C.O.P.No.954 of 2014 on the file of Motor Accident
Claims Tribunal, Tirunelveli.
3. According to the claimants, the deceased was a lorry driver and
he was aged 46 years on the date of accident which took place on
13.06.2012. The tribunal has fixed the notional income at Rs.7,000/- with
the future prospects at 30%. The tribunal has further awarded a sum of
Rs.1,00,000/- towards loss of consortium to the wife of the deceased, Rs.
2,00,000/- to both the minor children, Rs.50,000/- to the father and Rs.
1,00,000/- towards loss of love and affection to the wife. A sum of Rs.
20,000/- has been awarded towards transport, Rs.25,000/- has been
awarded towards funeral expenses, Rs.1,300/- towards loss of estate and
a sum of Rs.9,000/- towards pain and suffering. In total, a sum of Rs.
15,70,000/- has been awarded. Challenging the said award, the present
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appeal has been filed.
4. According to the learned counsel appearing for the
appellant/Insurance company, the deceased being aged about 46 years
and working in an un-organized sector, future prospects can be fixed
only at 20% and not 30%. He further pointed out that each one of the
claimant would only be entitled to Rs.40,000/- towards loss of love and
affection and in total a sum of Rs.1,60,000/- alone can be awarded.
However, a sum of Rs.4,50,000/- has been awarded by the tribunal. The
learned counsel appearing for the appellant also questioned the rationale
behind awarding a sum of Rs.9,000/- towards pain and suffering in the
case of fatal accident.
5. Per contra, the learned counsel appearing for the claimants had
contended that as per the judgment of the Hon'ble Supreme Court
reported in 2014 1 TN MAC 459 SC (Syed Sadiq & Others Vs. The
Divisional Manager, United India Insurance Company Limited) the
notional income was fixed at Rs.6,500/- for an accident that has taken
place in the year 2008. In the present case, the accident having taken
place in the year 2012, monthly notional income should not have been
fixed at Rs.7,000/-, but at Rs.10,000/-. He further prayed for
enhancement of the award on the ground that just compensation has not
been awarded by the tribunal.
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6. I have carefully considered the submissions made on either side
and perused the material records.
7. As rightly contended by the learned counsel appearing for the
appellant, as per the judgment of the Hon'ble Supreme Court reported in
2017 (16) SCC 680 (National Insurance Company Limited Vs. Pranay
Sethi & Others), the deceased being a driver, he would be entitled to
only 25% towards future prospects. Therefore, the said percentage
should be reduced from 30% to 25%. The tribunal has also awarded a
huge sum towards loss of love and affection and loss of consortium to
each one of the claimants without considering the judgment of the
Hon'ble Supreme Court, wherein it is held that each one of the claimant
is entitled to receive only a sum of Rs.40,000/- towards loss of love and
affection. Further, in the case of fatal accident, a sum of Rs.9,000/- could
not have been awarded towards pain and suffering. Considering the
above said facts, this Court is inclined to re-assess the award amount as
follows:
Monthly notional income : Rs.8,000/-
25% towards future prospects : Rs.2,000/-
Monthly notional income : Rs.10,000/-
8. Considering the fact that there are 4 claimants, 1/4th is deducted
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towards personal expenses, which results in Rs.7,500/-. The total
compensation under the head of loss of income would be Rs.11,70,000/-
(7,500x12x13).
S.No. Head Award by the Award by the
tribunal High Court
1. Loss of income Rs.10,64,700/- Rs.11,70,000/-
2. Loss of love & affection In total,
To wife Rs.1,00,000/- Rs.1,60,000/-
To children Rs.2,00,000/-
To father Rs.50,000/-
Loss of consortium to wife Rs.1,00,000/-
3. Transportation Rs.20,000/- Rs.20,000/-
4. Funeral expenses Rs.25,000/- Rs.25,000/-
5. Loss of estate Rs.1,300/- Rs.1,300/-
6. Pain and suffering Rs.9,000/- Nil
Total Rs.15,70,000/- Rs.13,76,300/-
9. In view of the above said deliberations, the award of the tribunal
is modified from Rs.15,70,000/- (Rupees Fifteen Lakh Seventy Thousand
only) to Rs.13,76,300/- (Rupees Thirteen Lakh Seventy Six Thousand
and Three Hundred only). It is brought to the notice of the Court that the
father of the deceased had passed away pending appeal. The
apportionment shall be on the same proportion as that of the tribunal.
Any excess amount deposited by the Insurance Company shall be
refunded along with accrued interest.
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10. This Civil Miscellaneous Appeal is partly allowed to the extent
as stated above. No costs. Consequently, connected Civil Miscellaneous
Petition is closed.
16.04.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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To
1.The Motor Accident Claims Tribunal,
Special Sub Court,
Tirunelveli.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
gbg
Judgment made in
16.04.2024
https://www.mhc.tn.gov.in/judis
