Madras High Court
United India Insurance Co. Ltd vs R.Shanthy on 4 February, 2019
Author: V.M.Velumani
Bench: V.M.Velumani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.685 of 2019
and
C.M.P.No.2071 of 2019
United India Insurance Co. Ltd.,
Greams Road,
Chennai-600 006. .. Appellant
Vs.
1.R.Shanthy
2.R.Hasini (minor)
3.R.Harshini (minor)
4.D.Meena
5.M.Manikandan .. Respondents
(Minors 2 & 3 are represented by their mother &
Next Friend R.Shanthy, the first respondent herein)
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the Judgment and Decree dated
25.09.2018 made in M.C.O.P.No.9057 of 2015 on the file of the Motor
Accident Claim Tribunal, Special Sub Court No.1, Small Causes Court,
Chennai.
For Appellant : Mr.A.Dhiraviyanathan
For RR1 to 4 : Mr.Amar.D.Pandiya
http://www.judis.nic.in
2
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the award dated 25.09.2018 made in M.C.O.P.No.9057 of 2015 on the file of the Motor Accident Claim Tribunal, Special Sub Court No.1, Small Causes Court, Chennai.
2.By consent of both the parties, this Civil Miscellaneous Petition is taken up for final disposal at the admission stage itself.
3.The appellant is 2nd respondent in M.C.O.P.No.9057 of 2015 which was filed under Section 163(A) on the file of the Motor Accident Claim Tribunal, Small Causes Court, Chennai. The respondents 1 to 4 filed the above claim petition claiming a sum of Rs.15,00,000/- as compensation for the death of one D.Ramesh, who died in the accident that took place on 23.09.2015.
4.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the unknown car. Since, the Registration number of the car was not known, the appellant being the insurer of the vehicle belonging to the 5th respondent is directed to pay the compensation to http://www.judis.nic.in 3 the respondents 1 to 4/claimants. Challenging the award passed by the Tribunal dated 25.09.2018 made in M.C.O.P.No.9057 of 2015, the present appeal is filed.
5.The learned counsel appearing for the appellant contended that as per Ex.P1/copy of F.I.R, accident occurred only due to rash and negligent driving by the driver of the unknown car. Since, the Registration number of the car was not known, the claimants have filed the claim petition against the appellant and 5th respondent, who is the owner of the Motorcycle. The respondents 1 to 4 failed to examine author of F.I.R. The Tribunal failed to consider the contention of the appellant in the counter statement filed before the Tribunal and evidence of R.W.1, R.W.2 and R.W.3. The Tribunal erred in awarding a sum of Rs.6,42,600/- towards loss of dependency, Rs.40,000/- towards loss of consortium, Rs.1,25,000/- towards loss of love and affection, Rs.15,000/- towards loss of estate, Rs.5,000/- towards transport charges and Rs.15,000/- towards funeral expenses. The claim petition under section 163(A) of Motor Vehicles Act is not maintanable, the amount awarded by the Tribunal is excessive and prayed for setting aside the award of the Tribunal.
http://www.judis.nic.in 4
6.Per contra, the learned counsel appearing for the respondents 1 to 4 contented that the claim petition was filed under section 163(A) of Motor Vehicles Act, 1988. The respondents 1 to 4 need not plead and prove the negligence. The respondents 1 to 4 have let in evidence and proved avocation and income of the deceased. The Tribunal considering the materials on record has awarded compensation, which are not excessive and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellant as well as the respondent 1 to 4 and perused all the materials available on record.
8.From the materials on record, it is seen that it is an admitted case that the accident occurred when an unknown car dashed against the motorcycle driven by the deceased. The claim petition is filed under section 163(A) of Motor Vehicles Act, 1988. The respondents 1 to 4 need not plead and prove the negligence on the part of the driver, who caused the accident. The Tribunal considering the judgment of the Hon'ble Apex Court held that the respondents 1 to 4 can filed the claim petition against any one of the tort-feasor to recover the compensation. The Tribunal considering the entire materials on record directed the appellant to pay the compensation. There is no error in the said finding of the Tribunal warranting interference by this Court. http://www.judis.nic.in 5
9.As far as quantum of compensation is concerned, the claim petition filed under section 163(A) can be filed only when the income of the deceased does not exceed Rs.40,000/-per annum. The respondents 1 to 4 have stated that in the claim petition that the income of the deceased is Rs.40,000/- per annum. The Tribunal erroneously fixed monthly income of the deceased at Rs.3,000/- and added 40% for future prospects and awarded compensation for income at Rs.50,400/-, applied multiplier of '17' deducted 1/3rd towards personal expenses and awarded compensation at Rs.6,42,600/- towards loss of dependency. The Tribunal also awarded Rs.40,000/- towards loss of consortium, Rs.1,25,000/- towards loss of love and affection, Rs.15,000/- towards loss of estate, Rs.5,000/- towards transport charges and Rs.15,000/- towards funeral expenses. The said calculation is contrary to the second schedule. When the claim petition is filed under section 163(A), the claimants are entitled to compensation only at the rate of Rs.40,000/- per annum. The deceased was aged 30 years at the time of accident and the correct multiplier is 18. Thus, the compensation awarded by the Tribunal towards loss of dependency is modified as follows:
(Rs.40,000/- X 18 X 2/3 = Rs.4,80,000/-). The Tribunal has awarded a sum of Rs.40,000/- towards loss of consortium which is on the higher side and the same is reduced to a sum of Rs.5,000/-. A sum of Rs.15,000/- each awarded by the Tribunal towards loss of estate and http://www.judis.nic.in 6 funeral expenses are excessive and the same are reduced to Rs.2,500/- and Rs.2,000/- respectively. The amounts awarded by the Tribunal under all other heads are set aside. Thus, the amount awarded by the Tribunal are modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed or
. Tribunal this Court enhanced or
(Rs.) (Rs.) granted
1. Loss of 6,42,600/- 4,80,000/- Reduced
dependency
2. Loss of 40,000/- 5,000/- Reduced
consortium
3. Loss of love & 1,25,000/- - Set Aside
affection
5. Loss of estate 15,000/- 2,500/- Reduced
6. Transport 5,000/- - Set aside
charges
7. Funeral 15,000/- 2,000/- Reduced
expenses
Total Rs.8,42,600/- Rs.4,89,500/- Reduced by
Rs.3,53,100/-
10.In the result, the Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.8,42,600/-
is hereby modified to a sum of Rs.4,89,500/- with interest at the rate of 7.5% per annum from the date of petition till the date of realisation. The appellant-Insurance Company is directed to deposit the modified award amount with interest and costs, less the amount already http://www.judis.nic.in 7 deposited, if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the respondents 1 and 4/claimants are permitted to withdraw their respective share of the modified award amount along with interest and cost, less the amount if any, already withdrawn. The share amount of the minor respondents 2 & 3 is directed to be deposited in any one of the Nationalized Bank, till they attain majority. On such deposit, the first respondent being mother of the minor respondents is permitted to withdraw the interest, once in three months for the welfare of the minor. No costs. Consequently, the connected Miscellaneous Petition is closed.
04.02.2019 gbi/rst Index : Yes / No Internet : Yes/ No To
1.Special Subordinate Judge No.1, Motor Accident Claim Tribunal, Small Causes Court, Chennai.
2.The Section Officer, VR Section, High Court, Madras.
http://www.judis.nic.in 8 V.M.VELUMANI, J.
gbi/rst C.M.A.No.685 of 2019 and C.M.P.No.2071 of 2019 04.02.2019 http://www.judis.nic.in