Madras High Court
M/S.United India Insurance Company ... vs Vijaya on 1 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.428 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.428 of 2024
M/s.United India Insurance Company Limited,
No.235, Gandhi Market Road, Arani,
Thiruvannamalai District - 632 301. ... Appellant
vs.
1. Vijaya
2. Selvaraj
3. Vijayakumar
4. M/s.India Shoes,
No.5, Mount Poonamalli High Road,
Ramapuram, Chennai - 600 069. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award, dated 28.04.2023 in
M.C.O.P.87/2016 on the file of the Motor Accident Claims Tribunal,
Subordinate Court, Attur, Salem District.
For Appellant : Mr.J.Chandran
For R1 and R2 : Mr.V.R.Anna Gandhi
JUDGMENT
Questioning the quantum of compensation awarded by the
Motor Accident Claims Tribunal, Attur in M.C.O.P.87/2016, the present
appeal is filed by the appellant, the United India Insurance Company
Limited, Tiruvannamalai.
https://www.mhc.tn.gov.in/judis
2. The respondents 1 and 2 filed the claim petition under
Sections 166 and 163-A of Motor Vehicles Act, in M.C.O.P.87/2016
before the Motor Accident Claims Tribunal, Subordinate Court, Attur,
seeking compensation of Rs.30,00,000/- for the death of their son
Nandhakumar in a road accident that occurred on 14.07.2015.
3. The brief case of the claimants is as follows :
On 14.07.2015, Nandhakumar (deceased) was travelling as a
Pillion rider in a two wheeler bearing Registration number TN-21-AS-
6568 on Mount - Poonamallee Road and at about 7.30 p.m., when he was
nearing Kattupakkam, a speeding private bus bearing Registration number
TN-23-N-0268 hit the two wheeler, as a result of which, Nandhakumar
fell down on the right hand side of the road and was run over by the bus.
He was immediately rushed to K.M.C. Hospital, Chennai. However, he
succumbed to injuries on the same day.
4. According to the claimants, the rash and negligent driving of
the driver of the bus bearing Registration number TN-23-N-0268 was the
cause of the accident and that since the owner of the bus had insured his
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vehicle with the appellant, the United India Insurance Company Limited,
the owner and the insurer are jointly and severally liable to pay
compensation to them.
5. In the Tribunal, the owner of the bus remained absent and
was set ex parte. The appellant, Insurance Company resisted the claim
petition on all the grounds available to the insurer under Section 170 of
the Motor Vehicles Act.
6. The Tribunal after analysing the evidence on record, fastened
negligence on the part of the rider of the bus bearing Registration Number
TN-23-N-0268 and directed the appellant Insurance Company to pay
compensation of Rs.23,85,000/- to the claimants together with interest at
the rate of 7.5% per annum from the date of the petition till the date of
realisation, vide its orders dated 28.04.2023. The Tribunal also held that
the liability of the owner and the insurer is joint and several.
7. Aggrieved over the quantum of compensation awarded by the
Tribunal, the present appeal is filed by the appellant / the United India
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Insurance Company Limited under Section 173 of the Motor Vehicles Act.
8. Heard Mr.J.Chandran, learned counsel for the appellant,
Insurance Company and Mr.V.R.Anna Gandhi, learned counsel for the
respondents 1 and 2, claimants.
9. Mr.J.Chandran, learned counsel for the appellant / Insurance
Company contended that though the deceased was a third year
B.E.student, the Tribunal had fixed monthly income of the deceased as
Rs.15,000/-, which according to him, is on the higher side. He, therefore,
prayed for scaling down the compensation awarded by the Tribunal.
10. Per contra, Mr.V.R.Anna Gandhi, learned counsel appearing
for the claimants contended that the Tribunal after analysing the evidence
on record, awarded just compensation to the claimants and therefore there
is no need for this Court to interfere with the same.
11. In the instant case, the age of Nandakumar (deceased) was
20 years and he was studying B.E. III year. His parents are the claimants.
Since the deceased was a student, the Tribunal had fixed the notional
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income as Rs.15,000/- for the purpose of calculating loss of dependency.
Considering the year of accident and the age of the deceased, this Court
feels that the Tribunal has rightly fixed the monthly notional income of the
deceased as Rs.15,000/-. The Tribunal has also followed the dictum laid
down by the Hon'ble Supreme Court in Sarla Verma and others vs. Delhi
Transport Corporation and another reported in (2009) 6 SCC 121 and
National Insurance Co. vs Pranay sethi and others reported in 2017 (2)
TNMAC 601 while awarding compensation to the claimants. Therefore, I
do not find any reason to interfere with the same.
12. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
(ii) The Award passed in M.C.O.P.87/2016, dated 28.04.2023
by the Motor Accident Claims Tribunal, Subordinate Court, Attur, Salem
District, is upheld.
01.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
R.HEMALATHA, J.
https://www.mhc.tn.gov.in/judis
vum
To
1.The Motor Accident Claims Tribunal,
Subordinate Judge,
Attur, Salem District.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
01.10.2024
https://www.mhc.tn.gov.in/judis
