Appeal filed by United India Insurance Co. Ltd. challenging the quantum of compensation awarded against it in four connected accident claims. The High Court found the awards were not excessive and dismissed the appeals.
All appeals were dismissed. Respondents/claimants permitted to withdraw their respective shares as apportioned by the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 27.09.2016
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE N.AUTHINATHAN C.M.A. Nos.2246 to 2249 of 2016
and C.M.P.Nos.15902, 15904, 15906 and 15908 of 2016
CMA No.2246 of 2016 (MCOP No.568/2012)
The Branch Manager, United India Insurance Co. Ltd., No.280, Ooty Main Road, Metupalayam - 641 301 .. Appellant
Vs.
1.Shyam 2. Ramanjaneya .. Respondents
CMA No.2247 of 2016 (MCOP No.569/2012)
The Branch Manager, United India Insurance Co. Ltd., No.280, Ooty Main Road, Metupalayam - 641 301 .. Appellant Vs. 1.Geetha 2.Velu Asari 3. Ramanjaneya .. Respondents CMA No.2248 of 2016 (MCOP No.570/2012)
The Branch Manager, United India Insurance Co. Ltd., No.280, Ooty Main Road, Metupalayam - 641 301 .. Appellant
Vs.
2
1.Ratna Chandran 2.Chandrasekaran
.. Respondents
CMA No.2249 of 2016 (MCOP No.588/2012)
The Branch Manager, United India Insurance Co. Ltd., No.280, Ooty Main Road, Metupalayam - 641 301
.. Appellant
Vs.
1.Shyam 2. Ramanjaneya .. Respondents
Common Prayer : Appeals under Section 173 of the Motor Vehicles Act, 1988 against the Common Decree and Judgment passed by the Motor Accidents Claims Tribunal (Principal District Court), Krishnagiri in MCOP Nos.568/12, 569/12, 570/12 and 588/12 dated 04.08.2015.
For Appellant : Mr.T.Ravichandran in all CMAs.
COMMON JUDGMENT
(Order of the Court was made by S.MANIKUMAR, J.)
In the accident which occurred on 13.03.2012, involving a Santro Car bearing Regn.No.TN01AP6429 and a Tipper Lorry bearing Regn.No.TN40-C919, occupants of the car numbering five died. Legal representatives of the deceased made separate claim petitions, alleging negligence on the driver of the Tipper lorry bearing Regn.No.TN40-C-919 and insured with M/s.United India Insurance Company Limited, Mettupalayam. The Company opposed negligence attributed against the driver of the Tipper lorry. Without
3
prejudice to the same, they disputed the age, avocation, income of the deceased and the compensation claimed under various heads.
the loss of contribution to the family, United India Insurance Company, Mettupalayam, have filed separate appeals with a delay of 82 days in filing the appeals against the judgment and decrees in MCOP Nos.570/12, 568/12, 588/12 and 569/12. Details are tabulated hereunder.
| Sl.No. | MCOP No. | Claimants | Amount awarded |
|---|---|---|---|
| 1 | 568/12 | Son of the deceased Uma Devi aged 53 years |
Rs.5,25,000/- |
| 2 | 569/12 | Grand parents of the deceased girl child Ahana Raj aged 1-1/2 years |
Rs.2,50,000/- |
| 3 | 570/12 | Parents of the deceased Arati Chandra, aged 26 years |
Rs.3,05,000/- |
| 4 | 588/12 | elder brother of the deceased Dhivya, aged |
Rs.6,80,000/- |
4
| Sl.No. | MCOP No. | Claimants | Amount awarded |
|---|---|---|---|
| 21 years |
2012 have culminated into awards on 04.08.2015. Having regard to the consistent view of the Courts that compensation to the accident victims should be paid, as expeditiously as possible, when the delay excuse petitions came up for hearing, with the consent of Mr.T.Ravichandran, learned counsel for the United India Insurance Company Limited, Mettupalayam, merits of the appeal, on the challenge was also considered.
CMA No.2246 of 2016 [MCOP No.568/12]:
CMA No.2247 of 2016 [MCOP No.569 of 2012]:
5
died. Grandparents aged about 60 and 50 years respectively, were the claimants. Though, compensation of Rs.10,00, 000/- was claimed, tribunal has awarded only Rs.2,50,000/- with interest at the rate of 8% per annum, from the date of claim, till the date of deposit.
CMA No.2248 of 2016 [MCOP No.570 of 2012]:
CMA No.2249 of 2016 [MCOP No.588 of 2012]:
6
the head loss of love and affection and Rs.10,000/- under the head funeral expenses. Total compensation awarded is Rs.6,80,000/- with interest, at the rate of 8% per annum, from the date of claim, till the date of deposit, has been awarded.
representatives, we dismiss all the appeals, on the challenge made.
7
Insurance Company, Mettupalayam, submitted that the compensation
awarded, in the claim petitions, has already been deposited to the credit of the respective MCOPs.
respondents/claimants, are permitted to withdraw their respective shares,
as apportioned by the tribunal, by making necessary applications.
Consequently, connected Miscellaneous Petitions are also closed.
[S.M.K., J.] [N.A.N., J.] 27.09.2016
Index: Yes/No Internet: Yes/No ars
8
S.MANIKUMAR.J, and N.AUTHINATHAN.J,
ars
To
C.M.A. Nos.2246 to 2249 of 2016
27.09.2016
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal was adequate regarding loss of contribution to the family.
Whether the delay in filing appeals by the appellant ought to be condoned.
2 provisions across 2 enactments
The Branch Manager, United India Insurance Co. Ltd.
Shyam
Ramanjaneya
Geetha
Velu Asari
Ratna Chandran
S.MANIKUMAR
N.AUTHINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
