Madras High Court
M/S.United India Insurance Co. Ltd vs Sridevi on 1 March, 2023
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
C.M.A.No.495 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.495 of 2023
and
C.M.P.No.4336 of 2023
M/s.United India Insurance Co. Ltd.,
No.22-B, P.R.Sundaram Iyer Street,
Dharmapuri – 636701. ... Appellant
Vs.
1. Sridevi
2. Minor. S.Jeevitha
3. Minor. S.Atsaya
4. Minor. S.Lithish
5. The Correspondent Principal,
Sri Sankara Vidhyalaya Nursery and Primary School,
Solaikottai Post,
Dharmapuri Taluk and District – 636704. ...
Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to set aside the decree and judgement passed in
M.C.O.P.No.603 of 2019 dated 14.08.2021 on the file of the Motor
Accident Claims Tribunal (Special District Court), Dharmapuri.
For Appellant : Mr. J.Chandran
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C.M.A.No.495 of 2023
JUDGMENT
This Civil Miscellaneous Appeal is directed as against the judgement and decree passed in M.C.O.P.No.603 of 2019 dated 14.08.2021 on the file of the Motor Accident Claims Tribunal (Special District Court), Dharmapuri.
2. The case of the claimants is that when the deceased was riding his Motor Cycle, viz., TVS XL 100 in Harur to Dharmapuri main road, at about 3.45 p.m., when he was passing through the Government Higher Secondary School, Solaikottai, near Lala Kottai Pirivu Road, the bus belonging to the fifth respondent was driven by his driver in a rash and negligent manner and dashed against the deceased/Sakthivel, due to which he sustained grievous injuries. Immediately, he was taken to Government Medical College Hospital, Dharmapuri and admitted as an in-patient. Thereafter, he was referred to Government Hospital, Salem for further treatment. Further, he was taken to private hospital at Salem, viz., Neuro Foundation Hospital), where it was informed that there was no hope for improvement. Thereafter, he was again taken to Government Hospital on 10.02.2019 at 8.00 a.m., and 2/6 https://www.mhc.tn.gov.in/judis C.M.A.No.495 of 2023 admitted as an in-patient. However, he died on the same day at about 11.00 a.m. for the injuries sustained in the accident.
3. Resisting the claim petition, the appellant/second respondent/Insurance Company filed a counter and stated that only due to rash and negligent driving of the deceased, the accident took place and as such, the appellant/second respondent is not at all liable to pay any compensation as claimed by the claimants.
4. On the side of the claimants P.W.1 to P.W.4 were examined and Exs.P.1 to P.16 were marked. On the side the respondents before the Tribunal no one was examined and no exhibits were marked.
5. On a consideration of the oral and documentary evidence, the Tribunal has awarded a compensation at Rs.17,02,000- payable by the appellant/second respondent/Insurance Company. Aggrieved by the same, the appellant/second respondent preferred the present Civil Miscellaneous Appeal.
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6. The deceased was aged about 37 years at the time of accident and he was earning a sum of Rs.35,000/- per month as a Tailor. Though the appellant had taken a stand that the deceased was tort-feasor and no one was examined, no documents were marked in order to substantiate the same.
7. On the other hand, the claimants, in order to prove their claim and marked as Ex.P.16, a copy of the identity card of the deceased, which reveals that he was a member of the Tamil Nadu Amaippu Sara Tholilalr Nala Variyam as Tailor. However, the Tribunal had taken a sum of Rs.8,000/- per month as notional income of the deceased and adopted multiplier method i.e multiplier “15”. After deducting ¼, the Tribunal has awarded a sum of Rs. 15,12,000/- as pecuniary loss. Tribunal has awarded the loss of spousal consortium at Rs.40,000/- and loss of parental consortium at Rs.1,20,000/- and loss of estate and funeral expenses at Rs.15,000/- each. Therefore, the Tribunal rightly awarded the sum of Rs.17,02,000/- and which is fair and just compensation. Hence, this Court finds no infirmity or illegality in the impugned award passed by the Tribunal.
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8. Accordingly, this Civil Miscellaneous Appeal is dismissed. Consequently, the connected Miscellaneous Petition is dismissed. No costs.
01.03.2023
Speaking/Non-speaking order
Index : Yes/No
Neutral Citation: Yes/No
kv
To
1. The Motor Accident Claims Tribunal
(Special District Court), Dharmapuri.
2. The Section Officer,
V.R. Section, High Court of Madras.
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C.M.A.No.495 of 2023
G.K.ILANTHIRAIYAN,J.
Kv
C.M.A.No.495 of 2023
01.03.2023
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