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The Branch Manager vs Punitha
2025 Latest Caselaw 1906 Mad

Citation : 2025 Latest Caselaw 1906 Mad
Judgement Date : 22 January, 2025

Madras High Court

The Branch Manager vs Punitha on 22 January, 2025

Author: G.R.Swaminathan
Bench: G.R.Swaminathan
                                                                          C.M.A(MD)No.1140 of 2024

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 22.01.2025
                                                      CORAM:
                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                              AND
                              THE HONOURABLE MS.JUSTICE R.POORNIMA

                                          C.M.A.(MD)No.1140 of 2024
                                                     &
                                      C.M.P(MD)Nos.11915 & 15842 of 2024



                     The Branch Manager,
                     M/s.Cholamandalam General Insurance Company Ltd.,
                     D.No.2, Dare House, 2nd Floor,
                     N.S.C. Bose Road,
                     Chennai – 600 001.                            ... Appellant/ 3rd Respondent


                                                         Vs.


                     1.Punitha
                     2.Narmadha Devi
                     3.Naveena Devi
                     4.Minor Dineshkumar              ...Respondents 1 to 4 / Petitioners 1 to 4
                       (Minor Rep. By his mother and natural guardian 1st respondent)
                     5.Sivakumar
                     6.Selvi                          ...Respondents 5 & 6/ Respondents 1 & 2



https://www.mhc.tn.gov.in/judis
                     1/27
                                                                       C.M.A(MD)No.1140 of 2024

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the

                     Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated

                     20.06.2023      made in MCOP No.171 of 2017 on the file of Motor

                     Accident Claims Tribunal cum Principal District and Sessions Court,

                     Virudhunagar at Srivilliputhur, and allow this Civil Miscellaneous

                     Appeal.



                                    For Appellant          : Mr.N.Shyllappakalyan

                                    For Respondents        : Mr.N.Tamil Mani – R1 to R4



                                                      JUDGMENT

(Judgment of this Court was delivered by R.POORNIMA, J.)

The appellant (3rd respondent-Insurance Company) has filed

this Civil Miscellaneous Appeal against the fair order and decreetal order

dated 20.06.2023 passed in MCOP No.171 of 2017 by the file of Motor

Accident Claims Tribunal cum Principal District and Sessions Court,

Virudhunagar at Srivilliputhur.

https://www.mhc.tn.gov.in/judis

2. Brief case of the claimant before the lower Court is as

follows:

(a) The deceased Karuppasamy was working as Special Sub

Inspector of Police at Nagaiahpuram Police Station, Peraiyur Sub

Division, Madurai District. On 13.02.2017 at about 11.45 p.m., he met

with an accident. At the time, he was returning from Nagaiahpuram

Police Station to T.Kallupatti, riding a Hero Honda Motor Bike bearing

Registration No.TN 67 K 6405 in a slow speed, duly observing the traffic

rules and regulation. As he neared the Anjaneya Temple from North to

South from T.Kallupatti to Madurai Main Road, the 1st Respondent

approached, driving his Mini Goods Vehicle bearing Registration No.

TN 59 BL 3618 in a rash and negligent manner without following the

traffic rules. He drove from the opposite direction on the said road and

dashed against the two wheeler of the deceased, Karuppasamy. Due to

the sudden impact, Karuppasamy sustained grievous injuries on his head

and all over his body, and succumbed to injuries on the spot. The

accident occurred due to the negligent driving of the 1st respondent. At

that time one Shankar, son of Rajagopal, and his friend Kaliappan, son of

Kalimuthu were driving from North to South direction on the said Road

in a two wheeler. They witnessed the said accident.

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(b) At the time of accident, the deceased was aged about 52

years. He was hale, healthy and energetic. He was working in the Police

Department as a Special Sub Inspector, and was earning a sum of

Rs.45,896/- per month, and had handed over the same to the petitioner.

The deceased was the only breadwinner of the family. If he had not met

with an accident, he would later be promoted as Inspector of Police and

get higher salary.

(c) The 1st petitioner is the wife of the deceased, the 2nd and

3rd petitioners are daughters of the deceased, and the 4th petitioner is the

minor son of the deceased. The 1st petitioner is a patient and is not

employed. The 4th petitioner is a minor and is a school-going student.

Due to the death of his father, his higher education and future academic

attainment have been affected. The petitioners depend upon the income

of the deceased. After the death of the petitioner’s husband, the

petitioners income and the access to essential commodities were affected.

The first petitioner lost her husband at a young age. This loss can not be

compensated in terms of money.

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(d) The 1st respondent drew the vehicle in a rash and

negligent manner, and the accident occurred due to his negligence. If the

1st respondent had driven the vehicle in a proper manner, the accident

would not have occurred. The 1st respondent was employed with the 2nd

respondent, and during his course of employment, the accident occurred.

Therefore, the 2nd respondent is vicariously liable to pay the

compensation to the petitioners. At the time of the accident, the 2nd

respondent's vehicle bearing Registration No. TN 59 BL 3618, was

insured with the 3rd respondent, and the insurance policy was in force.

Hence, both the respondents are jointly and severely liable to pay

compensation to the petitioners.

(e) The petitioner further states that a criminal case has been

registered by the Inspector of Police, T.Kallupatti Police Station in Crime

No.41/2017 for the offence under sections 279, 304(A) and 201 of IPC as

against the 1st respondent and the same is pending before the learned

Judicial Magistrate Court, Peraiyur.

(f) The respondents are liable to pay a sum of Rs.50,000/- to

the petitioners for “No fault liability” as the first mentioned claim at the

https://www.mhc.tn.gov.in/judis

first instance.

(g) The petitioners claimed a sum of Rs.50 lakhs, including

the no fault liability claim with interest at the rate of 9% per annum.

3. The brief averments contained in the counter affidavit

filed by the third respondent are as follows:

(a) The 3rd respondent denied the allegations contained in the

petitions, save those that are specifically admitted in the counter.

(b) The accident did not take place in the manner alleged by

the petitioners. The petitioners suppressed the real facts of the accident

and the real manner in which the accident occurred. A reading of the FIR

that reported the death of Special Sub Inspector of Police, Karuppasamy

conclusively established that the 2nd respondent's vehicle was not

involved in the accident. The 2nd respondent's vehicle has been brought

into the picture solely with the objective of claiming compensation from

the 3rd respondent Insurance Company. It is reliably learnt that the 2 nd

respondent is hand-in-glove with the petitioners for bringing the claim

application. The 2nd respondent’s vehicle did not cause the accident. As

evident from the record, the deceased was working as Special Sub

https://www.mhc.tn.gov.in/judis

Inspector of Police, Nagaiahpuram Police Station. There is no nexus for

the deceased to be traveling in the place where the accident was reported.

From the reading of the FIR, it can be inferred to be the result of a 'hit

and run' case by an unknown vehicle. There is no iota ofevidence to

connect the vehicle of the 2nd respondent with the accident. Even the

criminal records and the claim application have established that the

vehicle of the 2nd respondent was not involved in the accident. The 1st

respondent was not in charge of the vehicle at the time of the accident.

The 1st and 2nd were respondent brought into the picture only for the

compensation that can be recovered from this respondent.

(c) It is not admitted that at the time of accident, the 2nd

respondent's vehicle bearing Registration No.TN 59 BL 3618 was

insured with the 3rd respondent Insurance Company, and the petitioners

are put to strict proof of the same through documentary evidence.

(d) The age of the deceased and the relationship between the

petitioners and the respondents are put strict proof by documentary

evidence.

https://www.mhc.tn.gov.in/judis

(e) At the time of accident, the deceased Karuppasamy was

not in possession of any valid and effective driving license to drive the

motorcycle bearing Registration No.TN 67 K 4605. So, this accident

occurred due to the rash and negligent act of the deceased. This

respondent is not liable to give any compensation to the petitioners.

(f) In the claim petition, the motorcycle bearing Registration

No.TN 67 K 4605, its owner, and its insurance company were not added

as parties. They are, however, important parties. The claim petition is to

be dismissed on the ground of non-joinder of necessary parties.

(g) At the time of accident, the 1st respondent did not have a

valid and effective driving license to drive the vehicle bearing

Registration No.TN 59 BL 3618. So the 2nd respondent violated the

Motor Vehicles Act and insurance policy condition. Therefore, this

respondent is not liable to give any compensation to the petitioners.

(h) The entire restricted claim of Rs.50,00,000/- (Rupees

Fifty Lakhs only) by the petitioners is too high, excessive and arbitrary,

and not based on any legal standards.

https://www.mhc.tn.gov.in/judis

(i) Hence, the claim petition is liable to be dismissed.

4. The learned counsel for the respondents 1 to 4 argued that

after investigation, in the final report, the Investigation Officer concluded

that the vehicle belonging to the 2nd respondent which was driven by the

1st respondent was indeed involved in the accident. The forensic report

also confirmed the same. The deceased was working in the Police

department. The claimants produced the relevant documents to prove his

salary and age. The insurance policy taken by the 2nd respondent with the

3rd respondent was in force and the 3rd respondent is liable to pay

compensation. Therefore the Trial Court properly fixed the

compensation, and no interference is required, and the appeal is liable to

be dismissed.

5. On the side of the petitioners, PW1 to PW3 were

examined, and Exs.P1 to Exs.P16 were marked. On the side of the

respondents, RW1 and RW2 were examined, and Exs.R1 to Exs.R4 were

marked.

6. The Trial Court, after considering the evidence and

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records, allowed the petition and awarded a compensation of Rs

65,36,212/- under the following heads :

                                    Loss of Income              Rs.63,61,212/-
                                    Loss of Love and affection Rs.1,00,000/-
                                    Loss of consortium          Rs.50,000/-
                                    Funeral expenses            Rs.25,000/-
                                    Total                       Rs.65,36,212/-

The learned Judge directed the 3rd respondent-Insurance Company to pay

the entire amount within a period of one month.

7. Aggrieved by the said order, the present Civil

Miscellaneous Appeal has been filed by the Insurance Company, who is

the 3rd respondent before the lower Court, against the quantum of

compensation with the following grounds among others :

1. That the judgment and decree of the Tribunal is contrary to law,

weight of evidence, probabilities and circumstances of the case and is

liable to be set aside.

2. That the Tribunal ought to have exonerated the Appellant since

the 6th Respondent/2nd Respondent Vehicle bearing Registration No.TN

59 BL3618 was not at all involved in the alleged accident.

https://www.mhc.tn.gov.in/judis

3. That the Tribunal ought to have considered that as per Ex.P3

Motor Vehicle Inspection Report of the 6th Respondent/2nd Respondent, it

shows damages, but per contra the section alteration report shows that

the damages were rectified in order to get over from the case.

4. That the Tribunal failed to note the contention of this Appellant

as to how the 6th Respondent/2nd Respondent's vehicle was identified to

have been involved in the alleged accident, was not at all considered as

an issue, and it was not framed as an issue in the judgment.

5. Though PW2 in his cross examination says that he identified the

1st Respondent accused with the help of CCTV footage, no such evidence

was produced to prove the same.

6. That the Tribunal failed to note that the deceased also belongs to

the investigator's family. In order to help the deceased family, the 1st

respondent was brought into the picture.

7. That the Tribunal failed to consider the evidence of RWI and

ought to have exonerated this Appellant.

https://www.mhc.tn.gov.in/judis

8. That the Tribunal had not even considered the Appellants' plea

of non-involvement and had not framed the question as an issue as well.

On this ground alone, the order of the learned Trial Judge is liable to be

set aside.

9. Without prejudice, the Tribunal erred in considering the last pay

drawn income of Rs.45,896/- of the deceased for the alleged accident in

the year 2017, and fixed future prospects at 40%, which is against the

judgment of the Hon'ble Apex Court.

10. Without prejudice, the Tribunal failed to consider the family

pension to be received by the Respondents 1 to 4/Petitioners on the death

of the deceased before fixing the loss of income, and erroneously

awarded a sum of Rs. 65,36,212/- without sufficient documentary

evidence.

11. Without prejudice, the Tribunal failed to deduct the income tax

amount from the income of the deceased.

12. Without prejudice, the Tribunal ought not to have awarded

interest for the future prospects.

https://www.mhc.tn.gov.in/judis

13. That viewed from any angle, the quantum of the compensation

awarded at Rs.63,61,212/- by the Tribunal is against the pleadings, facts,

evidence and reality as well as against the well laid principles of law.

14. That the judgment and decree of the Tribunal is even otherwise

illegal and erroneous and is liable to be set aside. Hence, prayed to allow

the Civil Miscellaneous Appeal.

8. Heard the learned counsel on either side and perused the

material available on records.

9. In this case, the points for consideration are:

1.Whether the vehicle bearing Registration No. TN 59 BL 3618 was involved in the said accident?

2.Whether the quantum of claim amount arrived by the Trial Court is far too excessive?

10. Point No.1

The parties are arrayed in the Civil Miscellaneous Appeal,

as per their own ranking before the Trial Court in M.C.O.P. No.171 of

2017.

https://www.mhc.tn.gov.in/judis

11. As per the Appellant/3rd respondent Insurance Company,

the vehicle bearing Registration No. TN 59 BL 3618 was not at all

involved in the accident. As per Ex.P3, Motor Vehicle Inspection Report

of the 6th respondent/2nd respondent, it shows damages. But per contra the

section alteration report shows that the damages were rectified in order to

get over from the case. It is not established by the petitioners that the 6th

respondent / 2nd respondent vehicle was involved in the accident. PW2 in

his cross-examination said that he identified the vehicle with the help of

CCTV footage, but no such evidence was produced to prove the same.

Since the deceased belongs to the Police Department, in order to help his

family, the 1st respondent was brought into the picture. The inspection

was done on the vehicle bearing Registration No. TN 59 BL 3618 only

after 14 days from the date of accident. Hence it is proved that the said

vehicle was not at all involved in the accident.

12. On the side of the petitioners, the FIR was marked as

Ex.P1 by P.W.1. FIR registered Crime No.41/2017 at T.Kallupatti Police

Station on 14.02.2017. In column No.7 of the FIR (the details of

known/suspected/unknown accused with full particulars) it was

mentioned that the driver was unidentified.

https://www.mhc.tn.gov.in/judis

13. The complaint was lodged by one Ramakrishnan, Special

Sub Inspector of Police. He had given a complaint, stating that on

13.02.2017 at about 22.00 hours, he was on patrol duty. On information,

he found the dead body of the deceased Special Sub Inspector of Police,

Karuppasamy, with head injury and a right leg fracture. He also found

that his vehicle was damaged on the front side. He had intimated the

same to the concerned station for due action.

14.It is true that in the First Information Report, the name of

the accused / 1st respondent is not seen. But in the final report, the 1st

respondent has been arrayed as an accused, and the same was filed on

12.09.2017, before the Judicial Magistrate, Peraiyur. However, the

respondent did not challenge that a false case had been foisted against

him. Therefore, the contention of the appellant that the vehicle bearing

Registration No. TN 59 BL 3618 was not involved in the accident, has

been proved to be false.

15. Ex.P3 is the MVI report issued by the Motor Vehicle

Inspector, RTO Office, Madurai. When perused, it reveals that the

vehicle bearing Registration No. TN 59 BL 3618 Ashok Leyland Dost,

load vehicle belonging to the 2nd respondent was damaged on both its

https://www.mhc.tn.gov.in/judis

right and front sides, the front of its right side rear wheel mudguard was

broken, and the right side rear wheel disc was bent. Likewise, the vehicle

bearing Registration No. TN 67 K 6405, which was driven by the

deceased Karuppasamy was also had a damaged front wheel, broken

mudguard front fork, headlight and front light, broken right and left side

indicator lights, bent front bumper, bent rear brake pedal, and a broken

left side body cover (below rider seat). The Vehicle Inspector opined that

the accident did not occurr due to any mechanical fault. The above

documents prove that the 1st respondent’s vehicle was involved in the

accident.

16. Further, one Rajendran, Sub Inspector of Police who

registered the FIR, investigated the case and filed a final report has been

examined as PW3. He had stated that he had arrested the accused with

the help of CCTV camera footage. He gathered the material objects and

sent the same to the forensic lab and as per Ex.P.16. The paint found in

the place of occurrence and on the vehicle which was involved in the

accident are one and the same. During cross examination, it was stated by

the 1st respondent that CCTV camera footage was not produced before

the Court. However, the Motor Accident Claims Tribunal is not a

https://www.mhc.tn.gov.in/judis

criminal Court to hold detailed enquiry. It is a beneficial legislation. The

available material evidence clearly proved that the 1st respondent's

vehicle was involved in the accident and that the accident had occurred

due to the negligent driving of the 1st respondent, and that the 2nd

respondent is the owner of the vehicle. It is also proved that at the time of

accident, the vehicle bearing Registration No. TN 59 BL 3618 was

insured with the 3rd respondent, and that the insurance policy was valid at

the time of accident, which was mentioned in the MVI report. Further it

revealed that the driver of the vehicle, respondent No.1, was holding a

valid driving license bearing No. TN5920150006204 which remained

valid up until 19.09.2019.

17. MVI report further shows that the deceased was also

holding driving license bearing No.TN5820080007983 which was valid

up until 12.11.2020. The contention of the appellant that the 1 st

respondent was not holding a driving license is proved false.

18. Therefore, it is clearly proved that the 1st respondent's

vehicle was involved in the accident. His vehicle was also found with

damages. But the first respondent, without filing any complaint against

https://www.mhc.tn.gov.in/judis

the deceased, absconded from the place of occurrence. It can be inferred

that the accident took place due to negligent driving of the 1st respondent,

and that at the time of accident, the 1st respondent's vehicle was insured

with the 3rd respondent and the same was in force. Further, the deceased

also had a valid driving license.

19. The 3rd respondent filed a complaint before the Police

Crime Branch, stating that the vehicle bearing Registration No. TN 59

BL 3618 was falsely implicated and that a false charge sheet had been

filed and that their company had been falsely implicated in the case. One

Mr.Srinivas has been examined as RW2 during cross examination. He

had admitted that he had not filed any private complaint against the

Police for filing a false final charge sheet.

20. The Junior Assistant of the RTO office has been

examined as RW1, but the respondent could not get any favorable

answers from the said witness. In Ex.P16, it was clearly stated that the

accident had not occurred due to any mechanical problem. Therefore, we

are satisfied that the first respondent's vehicle was involved in the

accident, and that the third respondent insurance company is liable to pay

compensation. Point No.1 is answered accordingly.

https://www.mhc.tn.gov.in/judis

21. The learned counsel for the Appellant argued that the

Tribunal failed to consider the family pension to be received by the

Respondents 1 to 4/Petitioners upon the death of the deceased before

fixing the loss of income and hence erroneously awarded a sum of Rs.

65,36,212/- without sufficient documentary evidence, and that awarding

other heads are highly excessive and not reasonable.

22. In connection to this, we rely upon the judgement in

Sebastiani Lakra and Others Vs. National Insurance Company Ltd.,

and another reported in 2019(17) SCC 465, in which paragraph No.14

held as follows :

“14. As far as the amounts of pension and gratuity are concerned, these are paid on account of the service rendered by the deceased to his employer. It is now an established principle of service jurisprudence that pension and gratuity are the property of the deceased. They are more in the nature of deferred wages. The deceased employee works throughout his life expecting that on his retirement he will get substantial amount as pension and gratuity. These amounts are also payable on death, whatever be the cause of death. Therefore,

https://www.mhc.tn.gov.in/judis

applying the same principles, the said amount cannot be deducted.”

Hence, the argument advanced by the learned counsel for the appellant is

unsustainable.

23. Point No.2 :

Now we are to decide whether the quantum fixed by the trial

court is proper or liable to be set aside.

24. Admittedly, the deceased Karuppasamy was working in

the Police Department. The pay slip of the deceased issued for the month

of January 2017 was produced as Ex.P.8, which shows that the last pay

received by the said Karuppasamy was Rs.45,896/- and that the

certificate was issued by the Superintendent of Police, Madurai District.

The age of the deceased as per the driving license Ex.P7 and Aadhar

Card Ex.P6 shows that he was born on 22.06.1964. The date of accident

is 13.02.2017. Therefore at the time of accident, he was 52 years old.

25. The petitioners are the legal heirs of the deceased as per

Ex.P10- legal heirship certificate. He left behind his wife - 1st petitioner,

two daughters - 2nd and 3rd petitioners, and one minor son - 4th petitioner.

The total number of legal heirs are four. In Sarla Verma and others vs. https://www.mhc.tn.gov.in/judis

Delhi Transport Corporation, reported in 2000 (9) SCC 310, the

Honorable Apex Court in Para 14 of the judgment held as follows :

“14. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardized deductions. Having considered several subsequent decisions of this court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependant family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceed six.”

In this case too, the dependent family members are four in number. The

trial Judge properly deducted ¼th of the amount from the salary towards

the personal expenditure of the deceased. We do not wish to interfere

with the said deduction as per the guidelines stipulated in the above case.

26. As far as future prospect is concerned, the Trial Judge, in

addition to salary, added 40% as future prospects. Here, we refer to the

leading judgment rendered by the Hon'ble Supreme Court of India in

National Insurance Company Limited vs. Pranay Sethi and Others

reported in AIR 2017 SC 5157. Para 61 of the judgment concludes that

https://www.mhc.tn.gov.in/judis

61. In view of the aforesaid analysis, we proceed to record our conclusions:-

(i) The two-Judge Bench in Santosh Devi should have been well advised to refer the matter to a larger Bench as it was taking a different view than what has been stated in Sarla Verma, a judgment by a coordinate Bench. It is because a coordinate Bench of the same strength cannot take a contrary view than what has been held by another coordinate Bench.

(ii) As Rajesh has not taken note of the decision in Reshma Kumari, which was delivered at earlier point of time, the decision in Rajesh is not a binding precedent.

(iii) While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax.

(iv) In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40

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to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component.

(v) For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall be guided by paragraphs 30 to 32 of Sarla Verma which we have reproduced hereinbefore.

(vi) The selection of multiplier shall be as indicated in the Table in Sarla Verma read with paragraph 42 of that judgment.

(vii) The age of the deceased should be the basis for applying the multiplier.

(viii) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years.”

27. Therefore, for fixation of future prospects in clause (iii),

while determining the income, an addition of 50% of actual salary to the

income of the deceased should be made, in instances where the deceased

had a permanent job and was below the age of 40 years. The addition

should be of 30%, if the age of the deceased was between 40 to 50 years.

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In case the deceased was between the age of 50 to 60 years, the addition

should be 15%.

28. However, the Trial Court fixed the future prospects at

40%, which is improper, as the deceased was aged about 52 years at the

time of accident. Therefore, his future prospects should be 15% in

addition to the salary and not a 40% as fixed by the Trial Judge, in view

of the guidelines stipulated in the above judgment. We modify the future

prospects from 40% to 15% as follows.

29. The total salary of the deceased at the time of his death

is Rs.45,896/- and deducting 1/4th of personal income at Rs.11,474/-

(45,896 – 11,474) = Rs.34,422/-. Adding 15% future prospects at Rs.

5163/- (34,422 + 5163) = Rs.39,585. Therefore, the deceased's annual

income is (39,585 x 12) Rs.4,75,020/-.


                     Multiplier 11 to be applied (4,75,020 x 11)         = Rs. 52,25,220

                                  Loss of estate          Rs.15,000 +

                                  loss of consortium      Rs. 40,000 +

                                  Funeral expenses        Rs.15,000      = Rs. 70,000

                                                                             —————-

                     Total compensation arrived at                        = Rs. 52,95,220

                                                                             —————-


https://www.mhc.tn.gov.in/judis



30. The Civil Miscellaneous Appeal is partly allowed and

the award passed by the trial Court is modified as follows :

(1) The Appellant/3rd respondent-Insurance Company is directed to

pay a sum of Rs.52,95,220/- (Rupees Fifty Two Lakhs Ninety Five

Thousand Two Hundred and Twenty only) towards compensation to the

respondents 1 to 4 /petitioners along with interest at the rate of 7.5% per

annum from the date of petition till the date of deposit of the amount.

Deduct the amount if already deposited to the credit of M.C.O.P.No.

171/2017 on the file of the Principal District Court/Motor Accident

Claims Tribunal, Virudhunagar at Srivilliputhur, within a period of four

weeks from the date of receipt of a copy of this order.

(2) On such deposit, the respondents 1 to 3/claimants 1 to 3 are

permitted to withdraw their share, deduct the amount already withdrawn,

if any, together with proportionate interest and costs, as apportioned by

the Tribunal, by filing an appropriate petition before the Tribunal.

(3) The Tribunal is directed to deposit the share of the minor 4th

respondent/4th petitioner in a nationalized bank until he attains majority.

The 1st respondent herein, who is the mother/guardian, is permitted to

withdraw the interest amount once in three months.

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(4) There shall be no order as to costs.

(5) Consequently, connected miscellaneous petitions are closed.




                                                                  (G.R.S., J.) & (R.P., J.)
                                                                            22.01.2025
                     Index    : Yes / No
                     Internet : Yes / No
                     NCC      : Yes / No

                     RM


                     To

1.The Principal District and Sessions Court, Motor Accident Claims Tribunal Virudhunagar at Srivilliputhur,

Copy to

1.The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

RM

Judgment in

22.01.2025

https://www.mhc.tn.gov.in/judis

 
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