Madras High Court
M/S.The Oriental Insurance Company ... vs Beski George Rakiah on 1 February, 2024
Author: S.Srimathy
Bench: S.Srimathy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)No. 48 of 2022
and
C.M.P(MD)No.454 of 2022
M/s.The Oriental Insurance Company Limited,
Represented by its Branch Manager,
Office at 1st Floor, D.D.J. Centre,
Opp. Vadasery Bus Stand,
Nagercoil Village,
Agastheeswaram Taluk,
Kanyakumari District. ... Appellant
Vs.
1. Beski George Rakiah
2. Gnanasoundhary Amirdham
3. Amala Mystika Beski [Minor]
4. Anto Vinsten ... Respondents
[The 3rd respondent/minor claimant is represented by her father and next
guardian 1st petitioner].
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, against the Judgment and Decree passed in M.C.O.P.No.167 of
2019 dated 23.09.2021 on the file of the Motor Accident Claims Tribunal Cum
Principal Subordinate Judge, Nagercoil.
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1/5
For Appellant : M/s.C.Jawahar Ravindran
For R-1 to R-3 : Mr.A.Arumugam, for
M/s.Ajmal Associates
JUDGEMENT
The Insurance Company has preferred this Civil Miscellaneous
Appeal against the Judgment and Decree passed in M.C.O.P.No.167 of 2019
dated 23.09.2021 on the file of the Motor Accident Claims Tribunal Cum
Principal Subordinate Judge, Nagercoil.
2. It is a case of fatal. The contention of the Insurance Company is
that the deceased was a student but the Tribunal has fixed Rs.15,000/- as
monthly salary which is erroneous. When the deceased was only a student the
fixation of Rs.15,000/- notional salary is excessive.
3. However, the Learned Counsel appearing for the claimants
submitted that the deceased was the only son to the claimants and they are
depending upon the deceased son for their livelihood.
4. After hearing the arguments this Court is of the considered
opinion fixing Rs.15,000/- as notional salary for student is excessive.
Therefore, in order to meet the ends of justice, this Court is of the considered
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opinion that if the award is fixed as Rs.24,18,000/- lakhs as full quit, the same
would be just and fair compensation. The same shall not carry any interest.
5. The Insurance Company has already deposited 50% of the award
amount along with interest and Costs granted by the Tribunal. The Insurance
Company is directed to deposit the balance amount, within a period of Four
weeks from the date of receipt of a copy of the order. The claimants shall
withdraw / deposit in Nationalized Bank as apportioned by the Tribunal.
6. This Order is passed based on the facts and circumstances of the
present case and therefore, the said Judgment shall not be referred to as
precedent.
7. Accordingly, this Civil Miscellaneous Appeal is partly allowed.
No Costs. Consequently, connected miscellaneous petition is closed.
01.02.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
KSA
https://www.mhc.tn.gov.in/judis
To
1. The Motor Accident Claims Tribunal Cum
Principal Subordinate Judge, Nagercoil.
2. The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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S.SRIMATHY, J.
KSA
Order made in
01.02.2024
https://www.mhc.tn.gov.in/judis
