Madras High Court
The Branch Manager vs Minor Ragavi on 8 August, 2024
C.M.A.(MD) No.651 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) No.651 of 2018
and
C.M.P.(MD) No.7525 of 2018
The Branch Manager,
M/s.Reliance General Insurance Company Limited,
Annasalai, Teynampet,
Chennai - 600 018. ... Appellant
Vs.
1.Minor Ragavi
D/o.Ravichandran
rep. by her mother/R3
2.Rani
D/o.Ravichandran
3.Thamayanthi
W/o.Ravichandran
4.Rajagobal
S/o.Natesan
5.Poongkodi
W/o.Rajagobal
6.Govindasamy
S/o.Ramasamy ... Respondents
_____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 11
C.M.A.(MD) No.651 of 2018
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 praying to set aside the Judgment and Decree passed
by the Special District Court (Motor Accident Claims Tribunal),
Thanjavur in M.C.O.P.No.1050 of 2014, dated 29.03.2016.
For Appellant : Mr.V.Sakthivel
For R1 to R5 : Mr.N.Sudhagar Nagaraj
For R6 : No appearance
JUDGMENT
The instant Civil Miscellaneous Appeal has been filed by the
Insurance Company challenging the Award dated 29.03.2016 passed by
the Special District Court (Motor Accident Claims Tribunal), Tanjavur in
M.C.O.P.No.1050 of 2014, on the ground that the quantum of
compensation awarded by the Tribunal is excessive.
2. Since the sixth respondent had remained exparte before the
Tribunal, notice to the sixth respondent is dispensed with.
3. The first to fifth respondents/claimants filed a claim petition in
M.C.O.P.No.1050 of 2014 before the Tribunal stating that on 05.05.2014
at about 08.15 a.m., while the deceased Ravichandran and his wife who is
_____________
https://www.mhc.tn.gov.in/judis
the third respondent herein were proceeding in a two wheeler bearing
Registration No.TN-49-K-9760, the driver of a Car bearing Registration
No.TN-10-AD-4510 owned by the sixth respondent drove the vehicle in a
rash and negligent manner and collided with the two wheeler, as a result
of which, the deceased sustained multiple injuries and succumbed to the
injuries later. The third respondent who is the wife of the deceased had
filed M.C.O.P.No.1088 of 2014 for the injuries sustained by her in the
said accident.
4. The sixth respondent owner of the vehicle had remained exparte
before the Tribunal. The appellant Insurance Company had filed counter
affidavit stating that the accident took place only due to the negligence of
the deceased and therefore, neither the appellant nor the sixth respondent
is liable to pay the compensation.
5. Before the Tribunal, in both M.C.O.Ps., the first to fifth
respondents/claimants had examined the third respondent who is the wife
of the deceased as P.W.1 and the Doctor as P.W.2 and marked 15
documents as Exs.P1 to P15. On the side of the appellant Insurance
Company, two documents were marked as Exs.R1 and R2.
_____________
https://www.mhc.tn.gov.in/judis
6. The Tribunal, after taking into consideration of the oral and
documentary evidence, awarded a sum of Rs.19,64,689/- as compensation
to the first to fifth respondents/claimants for the death of the said
Ravichandran.
7. The learned counsel for the appellant submitted that the deceased
was also guilty of negligence and therefore, the Tribunal ought to have
fixed the contributory negligence on the part of the deceased; that the
quantum of compensation awarded by the Tribunal is excessive inasmuch
as the Tribunal has awarded a sum of Rs.3,10,000/- towards loss of
consortium and love and affection to the five claimants which is contrary
to the settled principles of law; and that the driver of the car insured with
the appellant did not have a valid licence.
8. The learned counsel for the first to fifth respondents/claimants
submitted that the Tribunal, after taking into consideration of evidences
let in by both sides including the deposition of P.W.1 who was the pillion
rider of the two wheeler, found that the accident took place only due to the
rash and negligent driving of the driver of the car insured with the
_____________
https://www.mhc.tn.gov.in/judis
appellant Insurance Company; and that the compensation awarded by the
Tribunal is just and reasonable and hence no interference is called for.
9. The questions that arise for consideration in the instant appeal are
(a) whether the Tribunal is right in holding that the driver of the sixth
respondent's car drove the vehicle in a rash and negligent manner and that
the appellant Insurance Company is liable to pay the compensation? and
(b) whether the Tribunal has awarded just and reasonable compensation to
the first to fifth respondents/claimants?
10. As regards the question on negligence, it is seen that the first to
fifth respondents/claimants had examined P.W.1 who was also injured in
the accident. Her evidence is clear, cogent and establishes that the
accident took place only due to the negligence of the driver of the car
insured with the appellant. The appellant Insurance Company has not let
any contra evidence to disprove the evidence let in on the side of the first
to fifth respondents/claimants. Therefore, the Tribunal is right in holding
that the driver of the offending vehicle insured with the appellant
Insurance Company was negligent while driving the car.
_____________
https://www.mhc.tn.gov.in/judis
11. As regards the question of quantum of compensation, it is seen
that the Tribunal had taken the monthly income of the deceased as
Rs.13,740/- on the basis of Ex.P8 Pay Certificate filed on the side of the
first to fifth respondents/claimants. The Pay Certificate has not bee
seriously disputed by the appellant. The deceased was working as a
Village Assistant. The deceased was aged 49 years at the time of accident
and hence, the multiplier applicable is 13. Since there are five
dependents, 1/4th of the income had to be deducted towards personal
expenses. Thus, the award of compensation of Rs.16,07,580/- under the
head of loss of income is just and reasonable. The award of compensation
under the other heads such as funeral expenses, loss of estate, transport
charges are also just and reasonable.
12. However, it is seen that the Tribunal had awarded a total
amount of Rs.3,10,000/- to the first to fifth respondents/claimants towards
loss of love and affection and loss of consortium. This is excessive and
contrary to the guidelines issued by the Hon'ble Supreme Court. The first
to fifth respondents/claimants are entitled to Rs.40,000/- each under the
head of loss of consortium. Hence, the quantum of compensation awarded
_____________
https://www.mhc.tn.gov.in/judis
under the heads 'loss of love and affection' and 'loss of consortium' in the
impugned Award is modified to Rs.2,00,000/-. Thus, the total
compensation payable to the first to fifth respondents/claimants is as
under:-
Amount awarded by the Amount awarded by this Award
Sl. Tribunal Court confirmed or
No Head Amount Head Amount enhanced or
reduced
1 Loss of Rs.16,07,580 Loss of Rs.16,07,580 Confirmed
income income
2 Funeral Funeral
Expenses Rs.25,000/- Expenses Rs.25,000/- Confirmed
3 For loss of For loss of Confirmed
estate Rs.10,000/- estate Rs.10,000/-
4 Transport Transport
Charges Rs.10,000/- Charges Rs.10,000/- Confirmed
5 For loss of Loss of
love & consortium to
affection to R1 Rs.1,00,000/- R1 Rs.40,000/- Reduced
6 For loss of Loss of
love & consortium to
affection to R2 Rs.10,000/- R2 Rs.40,000/- Enhanced
7 For loss of Loss of
consortium to consortium to
R3 Rs.1,00,000/- R3 Rs.40,000/- Reduced
8 For loss of Loss of
love & consortium to
affection to R4 Rs.50,000/- R4 Rs.40,000/- Reduced
9 For loss of Loss of
love & consortium to
affection to R5 Rs.50,000/- R5 Rs.40,000/- Reduced
_____________
https://www.mhc.tn.gov.in/judis
Amount awarded by the Amount awarded by this Award
Sl. Tribunal Court confirmed or
No Head Amount Head Amount enhanced or
reduced
10 Medical Medical
Expenses Rs.2,109/- Expenses Rs.2,109/- Confirmed
Total Rs.19,64,689/- Total Rs.18,54,689/- Reduced by
Rs.1,10,000/-
13. It is seen that the Tribunal found that the owner of the car
insured with the appellant did not have any valid licence and hence
granted liberty to the appellant Insurance Company to pay the
compensation and recover the same from the sixth respondent. This
finding is also confirmed, as the evidence suggests that the driver did not
have a valid license.
14. The Tribunal has awarded interest at 9% per annum which is
excessive in the facts and circumstance of the case. This Court is of the
view that the first to fifth respondents/claimants would be entitled to the
interest at 7.5% per annum.
15. The appellant Insurance Company is directed to deposit the
aforesaid modified amount together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of realization and costs,
_____________
https://www.mhc.tn.gov.in/judis
less the amount already deposited, if any, within a period of 4 weeks from
the date of receipt of a receipt of a copy of this order.
16. If the appellant Insurance Company has already deposited the
compensation in excess, the appellant Insurance Company is permitted to
withdraw the excess amount together with interest accrued thereon by
filing appropriate application before the Tribunal.
17. The second and fifth respondents are permitted to withdraw the
amount and interest and cost, in the same proportion awarded by the
Tribunal, less the amount already withdrawn, if any, by filing appropriate
application before the Tribunal.
18. As far as the first respondent is concerned, she was a minor at
the time of filing of claim petition in the year 2014. It is seen from the
records that the first respondent would have now attained majority.
Therefore, the first respondent is directed to file appropriate application
before the Tribunal for recording her as a major for the purpose of
withdrawing her share along with interest and costs.
_____________
https://www.mhc.tn.gov.in/judis
19. In the result, this Civil Miscellaneous Appeal is partly allowed.
No costs. Consequently, connected Miscellaneous Petition is closed.
08.08.2024
Index: Yes/ No
Neutral Citation: Yes / No
JEN
Copy To:
The Special District Judge,
Motor Accident Claims Tribunal,
Thanjavur.
_____________
https://www.mhc.tn.gov.in/judis
SUNDER MOHAN, J.
JEN
and
08.08.2024
_____________
https://www.mhc.tn.gov.in/judis
