Madras High Court
The Oriental Insurance Company Ltd vs Sukkamma Kullan on 25 November, 2019
Author: R.Mahadevan
Bench: R.Mahadevan
C.M.A.No.197 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2019
CORAM:
THE HON'BLE Mr. JUSTICE R.MAHADEVAN
Civil Miscellaneous Appeal No.197 of 2019
& C.M.P.Nos.13121 & 890 of 2019
The Oriental Insurance Company Ltd.
No.21 Prakasam Road,
Broadway, Chennai 600 001 ... Appellant / Insurer
..vs..
1. Sukkamma Kullan
2. Suresh Kullan Korwan
3. Anand Kullan Korwan
4. Sumati
5. Venkatesan ... Respondents / claimants & Insured
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree, dated 27.11.2017
made in MCOP No.425 of 2016 on the file of the Motor Accident Claims
Tribunal, II Additional District and Sessions Court, Thiruvallur.
For Appellant : Mr. D.Bhaskaran
For R-1 to R-4 : M/s. K.Varadha Kamaraj
For R-5 : No Appearance.
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JUDGMENT
As against the claim made for a sum of Rs.7,00,000/-, there is an award for a sum of Rs.4,48,889/-. Challenging the quantum of compensation awarded as disproportionate, the Insurance Company / 1/8 http://www.judis.nic.in C.M.A.No.197 of 2019 Insurer has filed this Appeal.
2. The legal representatives of the deceased, Kullan, in the capacity as widow (Sukkamma Kullan), sons (K.Suresh Kullan Korwan and K.Anand Kullan Korwan) and daughter (Mrs.Sumati) have filed the claim petition. The Tribunal has quantified the compensation with the following breakup details:-
Loss of pecuniary benefits - Rs.1,59,900.00 Medical expenses - Rs. 13,989.00 Loss of consortium - Rs.1,00,000.00 Loss of love and affection - Rs.1,50,000.00 Funeral expenses - Rs. 25,000.00
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Rs.4,48,889.00
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3. It is the case of the claimants / respondents 1 to 4 herein that on 09.07.2016 at about 20.30 hrs, when the deceased Kullan was proceeding by walk, on the Poonamallee to Avadi Road, nearby Paruthipattu Shell Petrol Bunk, the fifth respondent's motorcycle bearing Registration No.TN32-AH-5167 driven by its driver in a rash and negligent manner, hit the deceased. Due to the said accident, the deceased sustained severe head injury and multiple injuries all over the body. The deceased was initially admitted in the SRMC Hospital and then in the MIOT hospitals. Inspite of best treatment, the deceased died on 10.07.2016. Hence the 2/8 http://www.judis.nic.in C.M.A.No.197 of 2019 claim petition was filed by the legal representatives of the deceased.
4. The claim was resisted by the appellant herein by filing a counter affidavit. The Tribunal, upon considering the evidence of P.W.1 along with P.W.2-eye witness to the accident and Ex.P-1-FIR, has fixed the liability on the appellant herein and quantified the compensation at Rs.4,48,889/- payable with interest at 7.5% per annum from the date of petition till the date of deposit.
5. As the finding on negligence was based on evidence on record and as no ground or argument was advanced by the learned counsel for the appellant on negligence, this Court is of the opinion that it does not require any interference and it is confirmed as such.
6. The learned counsel for the appellant / Insurer submitted that the Tribunal has erred in awarding more compensation under the head 'loss of consortium'; that the amount of compensation awarded under the head, loss of love and affection at Rs.1,50,000/- is also on the higher side. He also submitted that the total amount of compensation awarded by the Tribunal is on the higher side which needs significant reduction. 3/8 http://www.judis.nic.in C.M.A.No.197 of 2019
7. Per contra, the learned counsel for respondents 1 to 4 / claimants submitted that the Tribunal has taken each and every aspect into consideration and has awarded just compensation, which does not require any interference at the hands of this Court. He further submitted that the Tribunal has in fact not awarded any sum towards Transport Expenses and loss of estate.
8. The said submissions of the learned counsel appearing for both sides have some force.
9. At the time of accident, the deceased was aged 66 years and the first respondent (wife of the deceased) was aged 57. Though in very many cases, the Supreme Court and various High Courts have awarded more amount of compensation under the head loss of consortium, those are the cases where the deceased were at young age. Hence, this Court is of the view that the amount awarded at Rs.1,00,000/- under the head 'loss of consortium' in the present case is on the higher side and awarding a sum of Rs.40,000/- under the said head would be correct. Also, the amount awarded at Rs.1,50,000/- towards loss of love and affection is on the higher side, considering the age of respondents 2 to 4 herein and hence awarding a sum of Rs.1,20,000/- would be just. Also, towards 4/8 http://www.judis.nic.in C.M.A.No.197 of 2019 funeral expenses a sum of Rs.25,000/- was awarded, which is exorbitant and hence it would be appropriate to award a sum of Rs.15,000/- under that head.
10. Perhaps, the amounts awarded under the heads, Loss of pecuniary benefits at Rs.1,59,900/- and Medical expenses at Rs.13,989/- commensurate with the settled principles of law, weightage of evidence and probabilities of the case and hence the amounts awarded under those heads are confirmed as such.
11. The Tribunal has not awarded any sum towards loss of estate and transport expenses. According to II Schedule of the M.V.Act, sums of Rs.15,000/- and Rs.6,000/- are awarded under those two heads. In fine, the re-structured details of the total amount of compensation, item-wise, reads thus:-
Loss of pecuniary benefits - Rs.1,59,900.00 Medical expenses - Rs. 13,989.00 Loss of consortium - Rs. 40,000.00 Loss of love and affection - Rs.1,20,000.00 Funeral expenses - Rs. 15,000.00 Loss of estate - Rs. 15,000.00 Transport expenses - Rs. 6,000.00
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Rs.3,69,889.00
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(Rounded off) Rs.3,70,000.00 5/8 http://www.judis.nic.in C.M.A.No.197 of 2019
12. In the result, this Civil Miscellaneous Appeal filed by the Insurer is partly-allowed by reducing the quantum of compensation from Rs.4,48,889/- to Rs.3,70,000/- payable with interest at the rate of 7.5% per annum from the date of petition till the date of deposit.
13. The appellant herein is directed to deposit the above modified compensation amount, as arrived at by this Court, along with interest and costs, less the amount already deposited, if any, within a period of four weeks, from the date of receipt of a copy of this judgment. The ratio of apportionment among the claimants / R-1 to R-4 shall be as per the ratio of proportionment made by the Claims Tribunal. On such deposit being made, the claims Tribunal shall transfer the compensation amount to the RTGS Accounts of the claimants / R-1 to R-4 within one week thereafter.
No costs. Consequently the connected CMPs are closed.
25.11.2019 Index : Yes / No Web : Yes / No srk 6/8 http://www.judis.nic.in C.M.A.No.197 of 2019 To
1. Motor Accident Claims Tribunal, II Additional District and Sessions Court, Thiruvallur
2. The Section Officer, V.R.Section, Madras High Court, Chennai 104 7/8 http://www.judis.nic.in C.M.A.No.197 of 2019 R.MAHADEVAN, J., srk Civil Miscellaneous Appeal No.197 of 2019 & C.M.P.Nos.13121 & 890 of 2019 25.11.2019 8/8 http://www.judis.nic.in