Madras High Court
M/S.Tata Aig General vs Rajeshwari on 24 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1067 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1067 of 2020 and
C.M.P.No.6792 of 2020
M/s.TATA AIG General
Insurance Company Limited,
No.1, Ethiraj Salai, Egmore,
Chennai - 600 008. ... Appellant
vs.
1. Rajeshwari
2. Ashok Kumar
3. Shanthi
4. Parvathi
5. V.Singara Mudaliyar
6. Vijayalakshmi ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award, dated 18.09.2019 in
M.C.O.P.2908/2015 on the file of the Motor Accident Claims Tribunal,
Small Causes Court, Chennai.
For Appellant : Mr.J.Michael Visuvasam
For R1 to R4 : Mr.K.Varadha Kamaraj
For R5 : No appearance
JUDGMENT
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The appellant, TATA AIG General Insurance Company
Limited, is the second respondent in M.C.O.P.2908/2015 on the file of the
Motor Accident Claims Tribunal, Small Causes Court, Chennai. The
claimants / respondents 1 to 4 filed the claim petition under Section 166 of
Motor Vehicles Act and Rule 3 of the Motor Vehicles Rules, seeking
compensation of Rs.10,00,000/- for the death of their mother Neelavathi
in a road accident that occurred on 23.07.2014.
2. The brief case of the claimants is as follows :
On 23.07.2014, Neelavathi was travelling in a car bearing
Registration number TN-09-P-0580 on Kancheepuram - Chengelpattu
road. When they were nearing Poorivalkam, another car bearing
Registration number in TN-12-C-0001 came in the opposite direction and
hit the car in which Neelavathi was travelling, as a result of which,
Neelavathi sustained injuries all over her body. She was immediately
rushed to hospital. However, she died on the way to hospital.
3. According to the claimants, the rash and negligent driving of
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the driver of the car bearing Registration number TN-12-C-0001 was the
cause of the accident and that since the owner of the car had insured his
vehicle with the appellant, the TATA AIG General Insurance Company
Limited, the owner and the insurer are jointly and severally liable to pay
compensation to them.
4. In the Tribunal, the owner of the car bearing Registration
number TN-12-C-0001 remained absent and was set ex parte. The
appellant, Insurance Corporation resisted the claim petition on all the
grounds available to the insurer under Section 170 of the Motor Vehicles
Act.
5. The Tribunal after analysing the evidence on record, fastened
negligence on the part of the driver of the car bearing Registration number
TN-12-C-0001 and directed the appellant Insurance Company to pay
compensation of Rs.10,19,280/- 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. The Tribunal also held that the liability of the owner of the car
and the insurer is joint and several.
6. Aggrieved over the quantum of compensation awarded by the
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Tribunal, the appellant / Insurance Company has filed the present appeal
under Section 173 of the Motor Vehicles Act.
7. Heard Mr.J.Michael Visuvasam, learned counsel for the
appellant / Insurance Company and Mr.K.Varadha Kamaraj, learned
counsel for the respondents / claimants.
8. It is seen from the records that Neelavathi (deceased) was 70
years old on the date of accident and she was a family pensioner. As per
the pension documents (Ex.P5), she was receiving a sum of Rs.11,984/- as
monthly pension. Therefore, the Tribunal had fixed the monthly income of
the deceased as Rs.11,984/-. The Tribunal has adopted multiplier 5 as per
the decision of the Hon'ble Supreme Court in Sarla Verma and others vs.
Delhi Transport Corporation and another reported in (2009) 6 SCC 121.
The Award passed by the Tribunal is shown in the following Tabular
Column:
S.No. Head Amount awarded by the
Tribunal
1. Loss of dependency Rs.5,39,280/-
2. Loss of Estate Rs.15,000/-
3. Funeral expenses Rs.15,000/-
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S.No. Head Amount awarded by the
Tribunal
4. Loss of consortium Rs.2,00,000/-
(Rs.40,000/- x 5)
5. Loss of love and affection Rs.2,50,000/-
Total Rs.10,19,280/-
round off to Rs.10,19,300/-
The claimants are entitled to a sum Rs.2,00,000/- (40,000 X 5),
Rs.15,000/- and Rs.15,000/- towards loss of consortium, loss of estate, and
funeral expenses respectively as per the decision of the Hon'ble Supreme
Court in National Insurance Co. vs Pranay sethi and others reported in
2017 (2) TNMAC 601.
Loss of dependency:
= Rs.11,984/- x 12
= Rs.1,43,808/-
After deducting 1/4 = Rs.1,07,856/- X 5
=Rs.5,39,280/-
Thus, the claimants are entitled to a total compensation of Rs.7,69,280/-
(5,39,280 + 2,00,000 + 15,000 + 15,000 = 7,69,280) as shown in the
following tabular column:
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S.No. Head Amount granted by this court
1. Loss of dependency Rs.5,39,280/-
2. Loss of consortium Rs.2,00,000/-
(Rs.40,000/- x 5)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
Total Rs.7,69,280/-
9. Thus, the compensation awarded by the Tribunal is scaled
down to Rs.7,69,280/- from Rs.10,19,300/- that would carry interest at the
rate of 7.5% per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, connected miscellaneous petition is closed.
ii. The compensation awarded by the Tribunal is scaled down to
Rs.7,69,280/- from Rs.10,19,300/-.
iii. The liability of the owner of the car and the appellant (the TATA
AIG General Insurance Company Limited) is joint and several and
the appellant / the TATA AIG Genearl Insurance Company Limited
is directed to deposit the modified compensation amount i.e.,
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Rs.7,69,280 /- (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 realisation in the first instance, within a
period of four weeks from the date of receipt of a copy of this order
/ uploading of this order to the credit of M.C.O.P.2908/2015 on the
file of the Motor Accident Claims Tribunal, Special Sub Court II,
Small Causes Court, Chennai.
iv. On such deposit being made, the claimants are at liberty to
withdraw the same as per the orders passed by the Tribunal after
following due process of law. The ratio of apportionment made by
the Tribunal shall be kept intact.
24.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
1.The Motor Accident Claims Tribunal,
Special Sub Court II, Small Causes Court,
https://www.mhc.tn.gov.in/judis
Chennai.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
C.M.A.No.1067 of 2020 and
24.10.2024
https://www.mhc.tn.gov.in/judis
