Madras High Court
Reliance General Insurance Co.Ltd vs Geetha on 10 September, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.2406 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.No.2406 of 2024
and
C.M.P.No.19543 of 2023
Reliance General Insurance Co.Ltd.,
Reliance Center,
watchand Hitachand Marg,
Battard Estate,
Mumbai - 600 038 ..Appellant
Vs.
1. Geetha
W/o Late Selvam
2. Minor Nithish,
S/o Late Selvam
3. Minor Abinaya
D/o Late Selvam,
Minors 2 & 3 rep. by
R1 Mother & Natural Guardian
4. Vanaroja,
W/o Jayavelu
5. Jayavelu,
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Page 1/9
C.M.A.No.2406 of 2024
S/o Chinnappa Gounder
6. A.Arokiya Dass,
S/o Arulandu ..Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
vehicles Act, 1988 against the award dated 30.11.2023 passed in
M.C.O.P.No.86 of 2023 (Vaniyambadi M.C.O.P.No.205 of 2019) on the
file of Motor Accidents Claims Tribunal, (Subordinate Judges Court),
Ambur.
For Appellant : Mr.C.Vasudevan
For Respondent : Mr.E.Terry Chella Raja
JUDGMENT
(The order of the Court was made by Mrs.J.Nisha Banu,J.)
This Civil Miscellaneous Appeal has been preferred by the
Insurance Company, challenging the award dated 30.11.2023 passed in
MCOP.No.86 of 2023 (Vaniyambadi MCOP.No.205 of 2019) on the file
of Motor Accidents Claims Tribunal (Subordinate Judges Court),Ambur.
2. The appellant/ Insurance Company is the 2nd respondent in
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M.C.O.P.No.86 of 2023. The 6th respondent is the owner of the vehicle.
The respondents 1 to 5/claimants had filed the said claim petition
claiming a sum of Rs.30,00,000/- as compensation for the death of
Mr.Selvam, who died in the accident that took place on 19.10.2019.
3. The 1st respondent is the wife of the deceased. The 2nd & 3rd
respondents are the children and the 4th and 5th respondents are the
parents of the deceased. The 6th respondent is the owner of the vehicle.
According to the claimants, the accident occurred on 19.10.2019 at
about 11.00 p.m. near Chinnacherry at Govindampadi Village at Chennai
to Banglore National Highways. When Selvam was walking on the
extreme left side of the road, the vehicle TATA 407 belonging to the 6th
respondent bearing Reg.No.KA-03-2637 came in a very rash and
negligent manner towards Ambur, dashed behind Selvam, due to which,
he sustained injuries on his head and spinal cord and died on 29.10.2019
in Vellore Government Medical College Hospital. The claimants claimed
a sum of Rs.30,00,000/- as compensation and the Tribunal, awarded a
sum of Rs.28,07,166/-. Challenging the award of the Tribunal, the
present Appeal has been filed.
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4. Heard the learned counsel the appellant Insurance Company,
learned counsel for the respondents/claimants and perused the materials
available on record.
5. Though the learned counsel for the appellant Insurance
Company has challenged the liability and quantum in the award passed
by the Tribunal, now he confines his argument only in respect to the
amount of Rs.75,000/- awarded under the head of 'love and affection'.
Learned counsel would state that already an excess amount of
Rs.2,00,000/- was awarded towards 'contribution to the family' and
therefore, a sum of Rs.75,000/- awarded towards 'love and affection' may
be deleted.
6. Learned counsel appearing for the claimants has also accepted
for deleting the amount of Rs.75,000/- awarded under the head 'love and
affection'.
7. The Tribunal, under the impugned award, directed the
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Insurance Company to pay the claimants, a compensation of
Rs.28,07,166/-(Rupees Twenty Eight Lakhs, Seven Thousand One
Hundred and Sixty Six only) as detailed hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of earning 24,82,830
Loss of love and affection 75,000
Medical bill expenses 14,836
Transport charges 4,500
Funeral expenses 15,000
Loss of Estate 15,000
Contribution to the family 2,00,000
Total 28,07,166
8. Since the learned counsel for the claimants accepted for deleting
the amount of Rs.75,000/- awarded under the head of 'love and affection',
we are of the view that the amount awarded by the Tribunal in all other
heads need not be interfered with and hence, the same is hereby
confirmed.
9. In the light of the above, the compensation awarded by the
Tribunal is hereby modified as under:
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S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of income 24,82,830 24,82,830 Confirmed
2. Loss of love and affection 75,000 Nil Reduced
(deleted)
3. Medical bill expenses 14,836 14,836 Confirmed
4. Transport charges 4,500 4,500 Confirmed
5. Transport charges 15,000 15,000 Confirmed
6. Loss of Estate Funeral 15,000 15,000 Confirmed
expenses
7. Contribution to the family 2,00,000 2,00,000 Confirmed
Total 28,07,166 27,32,166 Reduced
10. In the result, the Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.28,07,166/- is
hereby reduced to Rs.27,32,166/- (Rupees Twenty Seven Lakhs Thirty
Two Thousand One Hundred and Sixty Six only) together with interest at
the rate of 7.5% per annum from the date of petition till the date of
deposit. The appellant-Insurance Company is directed to deposit the
award amount now determined by this Court along with interest and
costs, less the amount already deposited, if any, within a period of six
weeks from the date of receipt of a copy of this judgment, to the credit of
M.C.O.P.No.86 of 2023 on the file of the Motor Accidents Claims
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Tribunal, (Sub-Court), Ambur. On such deposit, the claimants are
permitted to withdraw the award amount now determined by this Court,
along with interest and costs, less the amount if any, already withdrawn
by making necessary applications before the Tribunal. The 1st claimant,
wife of the deceased is entitled to Rs.13,32,166/- instead of
Rs.14,07,166/-. Insofar as the other claimants are concerned, the
apportionment made by the Tribunal is confirmed.
11. Insofar as the share of the minor claimants is concerned, the
same shall be deposited in a Fixed deposit in any one of the Nationalized
Banks, till they attain the age of majority and the interest accrued thereon
shall be withdrawn by the guardian of the minor claimants once in three
months, directly from the Bank. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
(J.N.B,J.) (R.K.M., J.)
Index : Yes / No 10.09.2024
Internet : Yes
vsi
To
https://www.mhc.tn.gov.in/judis
The Motor Accidents Claims Tribunal,
(Sub-Court), Ambur
J. NISHA BANU, J.
and
https://www.mhc.tn.gov.in/judis
R.KALAIMATHI,J.
vsi
10.09.2024
https://www.mhc.tn.gov.in/judis
