Madras High Court
The Oriental Insurance Company Limited vs Sumathi on 19 August, 2024
Author: R. Hemalatha
Bench: R.Hemalatha
CMA No.2262 of 2024
and C.M.P.No.17524 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
CMA No.2262 of 2024
and
C.M.P.No.17524 of 2024
The Oriental Insurance Company Limited,
Vijayalakshmi Complex, First Floor,
Sathuvachari, Vellore District. ... Appellant
Vs.
1.Sumathi
2. Minor.S.Daseka
(Second respondent is represented
by her guardian/mother Sumathi, first respondent)
3.K.Gowri ... Respondents
(No relief is claimed against third respondent and is given up in this
petition)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the decree and judgment dated 20.02.2024 in
M.C.O.P.No.72 of 2023 on the file of the Motor Accident Claims
Tribunal, Sub Court, Ambur.
1/10
https://www.mhc.tn.gov.in/judis
CMA No.2262 of 2024
and C.M.P.No.17524 of 2024
For Appellant : Mr. M.Krishnamoorthy
For RR1 and 2 : Ms.A.Subadra
for Ms.M.Malar
JUDGMENT
The Oriental Insurance Company Limited, Vellore, the second
respondent in MCOP No.72 of 2023 on the file of the Motor Accident
Claims Tribunal, Sub Court, Ambur, has filed the present appeal.
2. The respondents 1 and 2 filed the above said claim petition under
Section 166 of the Motor Vehicles Act seeking compensation of
Rs.41,85,000/- for the death of one Sridhar (husband of first claimant and
father of second claimant), in a road accident that took place on
21.06.2019.
3. The case of the claimants in a nutshell is as follows:
On 21.06.2019, Sridhar (deceased) was riding his two wheeler
bearing Registration Number TN-83-BS-2900 on Ambur Bypass Road.
When he was nearing Thuthipattu Teachers Colony, a speeding Bolero
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Pickup Van bearing Registration Number TN-83-6726, belonging to the
third respondent, hit the two wheeler, as a result of which, Sridhar fell
down and sustained injurious. He was immediately rushed to the
Government Hospital, Ambur. However, he succumbed to injuries.
4. According to the claimants the rash and negligent driving of the
driver of the Bolero Pickup Van bearing Registration Number TN-83-
6726 was the cause of the accident and that since the said vehicle was
insured with the appellant, the Oriental Insurance Company Limited, the
owner and the insurer are jointly and severally liable to pay compensation
to them.
5. In the Tribunal the third respondent remained absent and was
set ex parte. The appellant, the Oriental Insurance Company Limited,
resisted the claim petition on all the grounds available to the insurer under
Section 170 of the Motor Vehicles Act.
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6. The Tribunal after analysing the evidence on record, fixed
negligence on the part of the driver of the Bolero Pickup Van and awarded
compensation of Rs.22,21,312/- to the claimants together with interest at
the rate of 7.5% per annum from the date of claim petition till the date of
deposit, vide its orders dated 20.02.2024.
7. Aggrieved over the quantum of compensation awarded by the
Tribunal, the Insurance Company has filed the present appeal.
8. Heard Mr.M.Krishnamoorthy, learned counsel appearing for the
appellant and Ms.A.Subadra, learned counsel appearing for the
respondents 1 and 2.
9. Mr.M.Krishnamoorthy, learned counsel appearing for the
appellant contended that the Tribunal had wrongly awarded 40% towards
future prospects even though the deceased was aged 40 years on the date
of the accident. He drew the attention of this Court to the Aadhar Card
(Ex.P8) marked by the claimants in which the date of birth of the
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deceased was shown as 13.04.1979. He would also contend that the
Tribunal had awarded a sum of Rs.50,000/- towards love and affection
apart from granting Rs.80,000/- towards loss of consortium. He therefore,
prayed for scaling down the Award passed by the Tribunal.
10. It is seen from the records that the Tribunal had rightly fixed the
notional monthly income of the deceased as Rs.14,109/- based on the Cost
of Inflation Index for the year 2007 - 2008. However, the Tribunal without
considering the age of the victim had wrongly fixed 40% towards future
prospects even though he had completed 40 years on the date of accident.
As per the decision of the Supreme Court of India in National Insurance
Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601, the
claimants are entitled only for loss of consortium and in the instant case
the Tribunal after awarding a sum of Rs.80,000/- for loss of consortium
had also granted Rs.50,000/- towards loss of love and affection. As per
the decision of the Supreme Court of India in National Insurance Co. vs
Pranay sethi and others (cited supra) 25% is added towards future
prospects of the deceased. Since there are two dependents, 1/3rd of the
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deceased's income should be deducted towards his personal expenses. The
deceased had completed 40 years on the date of the accident and the
proper multiplier to be adopted in the instant case is 14 as per the decision
rendered in Sarla Verma and others vs. Delhi Transport Corporation
and another reported in (2009) 6 SCC 121.
Calculation
Notional Income = Rs.14,109/-
25% Future Prospects = Rs.17,636/-
Loss of dependency
= Rs.19,75,232/-
In addition to that the claimants are entitled to Rs.80,000/- (40,000 x 2),
Rs.15,000/- and Rs.15,000/- for Loss of Consortium, Loss of Estate and
Funeral Expenses respectively as per the decision in National Insurance
Co. vs Pranay sethi and others (cited supra) and Rs.7,000/- towards
Ambulance charges. Thus, the claimants are entitled to a total
compensation of Rs.20,92,232/- ( 19,75,232 + 80,000 + 15,000 + 15,000
+ 7,000 = 20,92,232) as shown in the following tabular column.
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S.No. Head Amount granted
by this court
1. Loss of dependency Rs.19,75,232/-
2. Loss of consortium Rs.80,000/-
(Rs.40,000/- x 2)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
5. Ambulance charges Rs.7,000/-
Total Rs.20,92,232/-
11. Thus, the compensation awarded by the Tribunal is hereby
scaled down to Rs.20,92,232/- from Rs.22,21,312/- and the said amount
would carry interest at the rate of 7.5% per annum from the date of
petition.
12. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
ii. The compensation awarded by the Tribunal is hereby scaled down
to Rs.20,92,232/-.
iii. The appellant / the Oriental Insurance Company Limited is directed
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to deposit the modified award amount i.e. Rs.20,92,232/- (less the
amount already deposited) together with interest at the rate of 7.5%
per annum from the date of claim petition till the date of deposit
within a period of four weeks from the date of receipt of a copy of
this order to the credit of M.C.O.P.No.72 of 2023 on the file of the
Motor Accident Claims Tribunal, Sub Court, Ambur.
iv. On such deposit being made by the appellant / the Oriental
Insurance Company Limited, the claimants are entitled to withdraw
the same, after following due process of law and as per the
apportionment made by the Tribunal.
v. The appellant / the Oriental Insurance Company Limited is at
liberty to withdraw the amount deposited by them over and above
the compensation awarded by this court.
19.08.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
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To
1. The Motor Accident Claims Tribunal,
Sub Court, Ambur.
2. The Section Officer, VR Section, Madras High Court, Chennai.
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R. HEMALATHA, J.
mtl
19.08.2024
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