Madras High Court
United India Insurance Company Limited vs S. Shaheen on 5 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2981 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2981 of 2022 and
C.M.P.No.23812 of 2022
United India Insurance Company Limited,
Silingi Building, No.134, Greams Road,
Chennai 600 006. ... Appellant
vs.
1. S. Shaheen
2. S. Sakina Banu -Minor
3. S. Syed Iman- Minor
(Respondents 2 & 3 minors are represented by their mother and natural
guardian the 1st respondent herein)
4. D. Prabakaran ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 11.10.2022 in
M.C.O.P.4666/2019 on the file of the Chief Judge, Court of Small Causes,
Motor Accident Claims Tribunal, Chennai.
For Appellant : Mr.D. Bhaskaran
For R1 to R3 : Mr. R. Dinesh Kumar
R2 : No appearance.
1/10
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CMA.No.2981 of 2022
JUDGMENT
The appellant, the United India Insurance Company Limited
filed the present appeal questioning the quantum of compensation
awarded by the Tribunal in M.C.O.P.4666/2019 on the file of the Chief
Judge, Court of Small Causes, Motor Accident Claims Tribunal, Chennai.
2. The respondents 1 to 3 /claimants filed a claim petition in
M.C.O.P.4666/2019 under Section 166 of the Motor Vehicles Act and
Rule 3 of MACT Rules, before the Motor Accident Claims Tribunal,
Chennai, seeking compensation of Rs.1,50,00,000/- for the death of one
S. Syed Ghouse (husband of the first claimant and father of the claimants
2 and 3) in a road accident that occurred on 18.06.2019.
3. The case of the claimants is that on 18.06.2019 Syed Ghouse
(since deceased) was riding his two wheeler bearing Registration Number
TN-05-BD-7718 near Sharma Nagar, Chennai and at about 10.40 hours,
a lorry bearing Registration number TN69-B-9634 belonging to one
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Prabakaran, the fourth respondent herein, hit him as a result of which
Syed Ghouse sustained injuries all over his body. He was immediately
rushed to Hospital. However, he succumbed to injuries on the way to
hospital.
4. According to the claimant, the accident took place due to the
rash and negligent driving of the driver of the lorry bearing Registration
number TN69-B-9634 and that since the said lorry was insured with the
present 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 fourth respondent, the owner of the
motorcycle remained absent and was set exparte. 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 driver of the lorry and directed the
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appellant Insurance Company to pay compensation of Rs.34,55,000/- to
the claimants together with interest at the rate of 7.5% per annum from the
date of petition till the date of realisation vide its orders dated
11.10.2022. The Tribunal also held that the liability of the Insurance
Company and the owner of the lorry are joint and several.
7. Aggrieved over the quantum of compensation awarded by the
Tribunal, the present appeal is filed by the appellant / United India
Insurance Company Limited.
8. Heard Mr.D. Bhaskaran, learned counsel for the appellant
and Mr. R. Dinesh Kumar, learned counsel for the respondents 1 to
3/claimants.
9. Mr.D. Bhaskaran, learned counsel for the appellant Insurance
Company contended that the claimants did not adduce any evidence to
show that the deceased was a proprietor of M/s. Sony Garments.
However, the Tribunal had fixed the notional monthly income of the
deceased as Rs.25,000/-. He therefore prayed for scaling down the Award
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amount passed by the Tribunal.
10. Per contra, Mr. R. Dinesh Kumar, learned counsel for the
respondents 1 to 3/claimants relied on the Registration certificate of
M/s.Sony Garments (Ex.P7) and contended that the deceased was actually
running a garment shop earning a sum of Rs.1,00,000/- per month.
However, the Tribunal had fixed the notional monthly income of the
deceased only as Rs.25,000/-, which, according to him, is very much on
the lower side. He therefore prayed for enhancement of compensation.
11. The claimants though had contended that the deceased was
earning a sum of Rs.1,00,000/- per month, no documentary evidence was
adduced by them. In the circumstances, based on the Registration
Certificate of M/s.Sony Garments, it cannot be concluded that the
deceased was earning a sum of Rs.1,00,000/- per month. The accident
took place in the year 2016 and the deceased was aged 44 years.
Considering the same,the notional monthly income of the deceased is
fixed as Rs.14,000/-. As per the decision of the Supreme Court of India in
National Insurance Co. vs Pranay sethi and others reported in 2017 (2)
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TNMAC 601, 25% is added towards future prospects of the deceased.
Since the deceased has three dependents, 1/3 should be deducted towards
his personal expenses. The deceased was aged 44 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.14,000/-
25% Future Prospects = Rs.17,500/-
After 1/3 deduction = Rs.11,666/-
Loss of dependency
= Rs.11,666/- x 12 x 14
= Rs.19,59,888/-
In addition to that the claimants are entitled to Rs.1,20,000/- (40,000 x 3),
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).
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11.1. The enhanced amount under the different heads are
detailed hereunder:
S.No. Head Amount granted
by this court (Rs.)
1. Loss of dependency 19,59,888/-
2. Loss of consortium 1,20,000/-
(Rs.40,000/- x 3)
3. Funeral expenses 15,000/-
4. Loss of Estate 15,000/-
Total 21,09,888/-
This amount shall carry interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit.
12. In the result,
i. The Civil Miscellaneous Appeal is allowed. No costs.
Consequently connected miscellaneous petition is closed.
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ii. The quantum of compensation awarded by the Tribunal is scaled
down to Rs.21,09,888/- from Rs.34,55,000/-.
iii. The appellant/Insurance company is directed to deposit a sum of
Rs.21,09,888/-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.A.C.T.O.P. 4666/2019 on the file of the Chief Judge,
Motor Accident Claims Tribunal, Chennai. The appellant is at
liberty to withdraw the excess amount, deposited by them, over
and above the compensation awarded by this court.
iv. The modified compensation amount of Rs.21,09,888/-, is
apportioned to the claimants as stated below:
S. Shaheen (first claimant) Rs.7,09,888/-
with costs and interest
Minor. S. Sakina Banu Rs.7,00,000/-
(second claimant)
Minor S. Syed Iman (third Rs.7,00,000/-
claimant)
v. On such deposit being made, the first appellant is at liberty to
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withdraw her share as per the apportionment made by this Court,
with costs and interest, after filing a proper petition for withdrawal.
Since the appellants 2 and 3 are minors, their share, shall be
deposited in a fixed deposit in any one of the Nationalised banks
until they attain majority.
05.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
bga
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R.HEMALATHA, J.
bga
To
1. Chief Judge, Motor Accident Claims Tribunal, Chennai
2.The Section Officer,
VR Section, Madras High Court, Chennai.
C.M.A.No.2981 of 2022 and
05.09.2024
https://www.mhc.tn.gov.in/judis
