Madras High Court
The Manager vs R.Sumathi on 12 September, 2019
Author: K.K.Sasidharan
Bench: K.K.Sasidharan, Abdul Quddhose
C.M.A.No.1379 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:12.09.2019
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.1379 of 2019
The Manager,
Reliance General Insurance Co. Ltd.,
Reliance House, No.6 Haddows Road,
Nungambakkam,
Chennai – 600 034. ... Appellant
vs.
1.R.Sumathi
2.M.P.Rajan
3.R.Mainpal Sing ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award and decree dated 05.03.2018 made
in MCOP.No.120 of 2016 on the file of the Motor Accident Claims
Tribunal, Special District Court, Thiruvallur.
For Appellant : Mr.S.Arun kumar
For Respondents 1 & 2 : Mr.S.R.Karthikeyan
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C.M.A.No.1379 of 2019
JUDGMENT
[Judgment of the Court was made by ABDUL QUDDHOSE, J.] The insurance company has filed this appeal challenging the award dated 05.03.2018 passed by the Motor Accident Claims Tribunal (Special District Court), Thiruvallur in MCOP.No.120 of 2016. Brief facts leading to the filing of the instant appeal:
2. A person by name Prabhu died on 14.08.2015 as a result of an accident caused by a Taurus lorry bearing registration No.TN18-K-8599 owned by the third respondent and insured with the Appellant. The accident happened while the deceased Prabhu was riding in his motor cycle bearing registration No.TN20-BU-6552 (Hero Honda Splender) and was proceeding to Vandalur from Minjur when the Taurus lorry dashed against his vehicle.
3. The dependents of the deceased Prabhu who are his mother 2/14 http://www.judis.nic.in C.M.A.No.1379 of 2019 and father respectively, are the first and second respondents herein preferred a claim before the Motor Accident Claims Tribunal seeking a compensation of Rs.40,00,000/- against the Appellant as well as the third respondent for the death of Prabhu, due to the rash and negligent driving from the driver of the Taurus lorry bearing registration No.TN18 K 8599.
4. The Motor Accident Claims Tribunal by its award dated 05.03.2018 directed the Appellant as well as the third respondent to pay the claimants a sum of Rs.28,42,160/- together with interest at the rate of 7.5% per annum from the date of claim i.e., on 06.10.2016 till the date of realisation. The Tribunal apportioned the award amount between the first respondent, the mother and the second respondent, the father and the first respondent was entitled to Rs.18,42,0160/- and the second respondent was entitled to Rs.10,00,000/-.
5. Aggrieved by the award dated 05.03.2018 passed by the Motor Accident Claims Tribunal in MCOP.No.120 of 2016, the insurance company has filed this appeal.
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6. Heard Mr.S.Arunkumar, learned counsel for the Appellant and Mr.S.R.Karthikeyan, learned counsel for the first and second respondents/claimants.
Discussion:
7. The appellant has challenged the adverse finding of the negligence on the part of the driver of the insured vehicle and they have also challenged the assessment of compensation by the Tribunal.
8. This court has perused and examined the impugned award and the evidence available on record.
9. Before the Tribunal, the claimants have filed 25 documents which were marked as Ex.P1 to Ex.P25 and they have also examined three witnesses on their side namely PW1-mother of the deceased, PW2- eye-witness to the accident and PW3-Mr.Vishnu Kanakan, Jet Airways India Limited employee. On the side of the Appellant, neither any 4/14 http://www.judis.nic.in C.M.A.No.1379 of 2019 witness was examined nor any document filed.
10. Mr.Lesslie, (PW2) who is an eye-witness to the accident has deposed that the deceased Prabhu, on 14.08.2015 at about 9 p.m. was riding his motor cycle and was proceeding from Minjur to Vandalur, in the new 400 feet road towards North to South direction at north Maliampakkam over bridge and at that time, the deceased was riding his motor cycle bearing registration No.TN20-BU-6552 and was going ahead of him and at the same time, a Taurus lorry bearing registration No.TN18-K-8599 (insured vehicle) was also coming in the same direction. According to Lesslie (PW2), only due to the rash and negligent driving by the driver of the Taurus lorry, the Taurus lorry dashed against the two wheeler from behind resulting in the deceased being thrown out of the two wheeler and dragging him for about 20 feet and ran over by the lorry and due to the crush injuries all over the body, he died on the spot.
11. The contents of the claim petition is corroborated by the evidence of PW2. FIR was also registered by the police only against the 5/14 http://www.judis.nic.in C.M.A.No.1379 of 2019 driver of the Taurus lorry. The narration of the incident in the FIR tallies with the pleadings found in the claim petition as well as the evidence of eye-witness (PW2). The charge sheet has also been filed against the driver of the Taurus lorry (insured vehicle) which has been marked as EX.P5. No contra evidence has been produced by the insurance company to disprove the claim of the claimants that only due to the rash and negligent driving by the driver of the Taurus lorry, the accident had happened which resulted in the death of Prabhu.
12. The Tribunal has considered the oral and documentary evidence and only thereafter, has given a correct finding that the accident happened only due to the rash and negligent driving by the driver of the Taurus lorry. Therefore, we do not find any infirmity in the findings of the Tribunal regarding negligence.
13. The Tribunal has awarded a total compensation of Rs.28,42,160/- to the claimants in the following manner: 6/14
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1 Loss of dependency 27,02,160/-
(16,680 +50%-50% x 12 x 18) 2 Loss of love and affection 1,00,000/-
3 Loss of estate 15,000/-
4 Transportation charges 10,000/-
5 Funeral expenses 15,000/-
Total 28,42,160/-
14. The deceased has completed Degree of Bachelor of Commerce passed with first class and Degree of Master of Social Work passed with first class and he was working as a Security Assistant at Jet Airways India Limited, Air Port H.R.Department, Meenambakkam, Chennai and was earning Rs.16,680/- per month at the time of the accident. Ex.P7- copy of convocation certificate - Bachelor of Commerce (University of Madras) and Ex.P8- copy of convocation certificate - Master of Social Work, (University of Madras) proves the educational qualification of the deceased. Ex.P21 is the attested copy of appointment order in favour of the deceased issued by Jet Airways. Ex.P22 is the attested copy of confirmation letter issued by Jet Airways. Ex.P23 is the attested copy of the job Identity Card of the deceased. 7/14 http://www.judis.nic.in C.M.A.No.1379 of 2019 Ex.P24 is the attested copy of the pay slip and Ex.P25 is the attested copy of final settlement and all these exhibits establishes the deceased employment details and the monthly income, he was earning at the time of the accident. The evidence of Mr.Vishnu Kanakan (PW3), an employee of Jet Airways India Limited proves the monthly income of the deceased at the time of the accident. The deceased has also completed several certificate courses in psychiatry and also in computer education. The deceased has got certificate for Voluntary Blood donation in service to suffering patients. The said certificates have been marked as Ex.P11, Ex.P12, Ex.P13 and Ex.P14.
15. The Tribunal has also observed that on considering the documents, it shows that the deceased was an outstanding personality, very good human being, extraordinary wonderful person having high social responsibility whose bright future and beautiful life was cut short by the unfortunate accident. The Tribunal has rightly accepted the pay slip Ex.P25 and fixed the monthly income of the deceased at Rs.16,680/-. 8/14 http://www.judis.nic.in C.M.A.No.1379 of 2019
16. At the time of the accident which resulted in his death, the deceased was aged 25 years. The age of the deceased is proved through Ex.P10-transfer certificate. The deceased being a permanent employee of Jet Airways India Limited following the Constitution Bench Judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & others reported in 2017 (2) TN MAC 609 (SC), 50% of the actual salary was added towards loss of future prospects and the monthly income of the deceased was fixed by the Tribunal at Rs.25,020/-. The deceased being a bachelor, the Tribunal has rightly deducted 50% from and out of his monthly income towards his personal expenses. The Tribunal has also rightly applied the multiplier of 18 while calculating the loss of dependency as the deceased was 25 years at the time of the accident.
17. The Tribunal has awarded Rs.15,000/- towards Funeral Expenses, Rs.10,000/- towards Transport Expenses, Rs.15,000/- towards Loss of Estate which in our considered view is a just compensation and in accordance with the Constitution Bench Judgment of the Hon'ble 9/14 http://www.judis.nic.in C.M.A.No.1379 of 2019 Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & others referred to supra.
18. Insofar as the compensation awarded under the head loss of Love and Affection is concerned, the Tribunal has awarded a total sum of Rs.1,00,000/-. Out of which, each of the claimants were entitled to Rs.50,000. We are of the considered view that the compensation of Rs.1,00,000/- awarded by the Tribunal is excessive and therefore, we are reducing the same and fixing the compensation under the head loss of love and affection at Rs.50,000/- and out of the said amount, a sum of Rs.25,000/- each is payable to each of the claimants who are the mother and father of the deceased respectively. Excepting for this interference of the impugned award, we do not find any infirmity in the award in all other aspects.
19. For the foregoing reasons, the amount awarded by the Tribunal is modified in the following manner: 10/14
http://www.judis.nic.in C.M.A.No.1379 of 2019 Heads Amount awarded by the Amount awarded by this Tribunal Court Rs. Rs.
Loss of dependency 27,02,160/- 27,02,160/-
(16,680 +50%-50% x 12 x (16,680 +50%-50% x 12 x
18) 18) Loss of love and affection 1,00,000/- 50,000/-
Loss of estate 15,000/- 15,000/-`
Transportation charges 10,000/- 10,000/-
Funeral expenses 15,000/- 15,000/-
Total 28,42,160/- 27,92,160/-
20. In view of the above, the award amount is reduced to Rs.27,92,160/- from Rs.28,42,160/- . Out of the said amount, the first respondent, being the mother of the deceased is entitled to Rs.17,92,160/- and the second respondent, being the father of the deceased is entitled to Rs.10,00,000/-.
Conclusion:
21. In the result, the appeal is partly allowed and the rate of interest awarded by the Tribunal at the rate of 7.5% per annum is confirmed. The Appellant is directed to deposit the entire award amount as per the order of this Court, before the Tribunal along with interest 11/14 http://www.judis.nic.in C.M.A.No.1379 of 2019 and costs after deducting the amount, if any already deposited, to the credit of MCOP.No.120 of 2016 within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount to the first and second respondents/claimants as per the order of this Court through RTGS within a period of four weeks thereafter. No costs.
[K.K.SASIDHARAN, J.] [ABDUL QUDDHOSE, J. ] 12 SEPTEMBER 2019 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders 12/14 http://www.judis.nic.in C.M.A.No.1379 of 2019 To
1.The Motor Accident Claims Tribunal, Special District Court, Thiruvallur
2.The Section Officer, VR Section, High Court, Chennai.
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AND ABDUL QUDDHOSE, J.
nl C.M.A.No.1379 of 2019 12.09.2019 14/14 http://www.judis.nic.in