Madras High Court
M/S. Iffco Tokio General Insurance Co. ... vs S.Jothilakshmi on 20 November, 2014
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2014
CORAM:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
AND
THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN
C.M.A.No.3209 of 2014
M/s. Iffco Tokio General Insurance Co. Ltd.,
Talasi Chambers, 3rd Floor,
No.195, T.V.Samy Road, West,
R.S.Puram,
Combatore District. Appellant
Vs
1. S.Jothilakshmi
W/o Late M.Senthil Kumar
2. S.Arun Prakash
S/o Late M.Senthil Kumar
3. S.Nandhini
D/o Late M.Senthil Kumar
M.Nachammal (Died)
4. N.Sivakumar
S/o Nataraj
5. N.Senthil Kumar Respondents
Prayer:- This Civil Miscellaneous Appeal is filed, against the Judgement and Decree passed by the Motor Accidents Claims Tribunal, Subordinate Court, Pollachi, made in MCOP.No.19 of 2012 dated 30.04.2014.
For Appellant : Mr.M.B.Gopalan
JUDGEMENT
(Judgement of the Court was made by ARUNA JAGADEESAN, J.) Being aggrieved by the award, dated 30.04.2014, passed by the Motor Accident Claims Tribunal, Subordinate Court, Pollachi, in the claim case in M.C.O.P.No.19 of 2012, whereby, the claim petition, filed by the respondents was allowed and a compensation of Rs.13,09,600/-, was awarded, though exonerating the appellant/ Insurance Company from the liability to pay the compensation, the Tribunal directed the Insurance Company to pay the award amount at the first instance, and recover the same from the owner of the offending vehicle, against which, the present appeal has been filed.
2. The short facts of the case are that when the deceased was proceeding in a motor cycle on the Pollachi to Udumalpet National Highways-209 Road, nearing Sellappampalayam Pirivu, the offending motor cycle which was driven in a negligent manner, dashed against the motor cycle driven by the deceased, as a result of which, he sustained fatal injuries and died on the way to hospital.
3. Learned counsel for the appellant submitted that since the offending vehicle was driven in violation of the terms of the policy, though the Insurance was rightly exonerated, the Tribunal ought not to have directed the Insurance Company to pay the amount to the claimants and recover the same from the owner of the offending vehicle.
4. So far as exoneration of the appellant Insurance Company is concerned, undisputedly, the deceased was a third party. The offending vehicle was insured with the appellant/Insurance Company. Even if the driver of the offending vehicle was not possessing a valid licence, in view of the judgment of the Honourable Supreme Court reported in 2006 ACJ 1336 National Insurance Company Limited vs. Kusumrai and 2009 ACJ 1411 (SC) Oriental Insurance Company Ltd., vs. Angad Kol, no exception can be taken to the order of the learned Tribunal directing the Insurance Company to pay the compensation to the claimants with a right to recover the same from the insured.
5. Coming to the adequacy of the compensation awarded to the deceased Senthilkumar, the Tribunal has taken the monthly income of the deceased as Rs.21,000/- and after making some deduction towards income tax, the Tribunal has arrived at the annual dependency at Rs.2,26,800/-. From the said amount 1/3rd has been deducted towards his personal expenses. Taking into account, his age, i.e., 56 years, at the time of accident, the multiplier of 8 has been applied. Thus, arrived at a sum of Rs.12,09,600/- towards loss of dependency. To this, Rs.30,000/- towards love and affection, Rs.10,000/- towards funeral expenses, Rs.10,000/- towards transport charges and Rs.50,000/- towards loss of consortium have been added. Thus, the Tribunal awarded a sum of Rs.13,09,600/-, as total compensation, with interest at 7.5% per annum from the date of the claim petition till the date of payment, to the claimants/ Respondents, as detailed below:-
Sl.No. Category Award Amount (Rs.) 1 Loss of Dependency Rs.12,09,600/-2
Funeral expenses Rs.10,000/-3
Transport charges Rs.10,000/-3
Loss of consortium Rs.50,000/-4
Loss of love and affection Rs.30,000/-
Total Rs.13,09,600/-
The compensation awarded by the Tribunal appears to be just and reasonable and we do not find any reason to interfere with the award passed by the Tribunal.
6. In the result, the Civil Miscellaneous Appeal is dismissed in limine. No costs.
[M.J.J.] [ A.J.J.]
20.11.2014
Index:Yes/No
Web:Yes/No
vsi
To:
1.The Subordinate Judge ,
Motor Accidents Claims Tribunal,Pollachi.
2.The Record Keeper, VR Section, High Court, Madras.
M.JAICHANDREN, J.
AND
ARUNA JAGADEESAN, J.
vsi
CMA.No.3209 of 2014
20.11.2014