Allowed

M/S.Royal Sundaram Alliance v. S.Lakshmipriya (Minor)

Madras HC14 Mar 2017CMA/1550/2015

Case brief

AI extract

What is this about?

In an appeal under the Motor Vehicles Act against a Motor Accident Claims Tribunal award, the High Court allowed a reduction in the compensation quantum by mutual consent of the insurance company and the legal representatives of the deceased, permitting a refund of the excess amount deposited.

What did the court decide?

Civil Miscellaneous Appeal allowed; quantum of compensation reduced to Rs.23,09,000/-; insurance company permitted to claim refund of excess deposit with proportionate interest; connected miscellaneou

M/S.Royal Sundaram Alliance Vs S.Lakshmipriya… — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2017 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

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C.M.A.NO.1550 OF 2015 AND M.P.NO.1 OF 2015

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M/s.Royal Sundaram Alliance Insurance Co. Ltd., 4-A, 4th Floor, "Thirumalai Towers" No.723, Avanashi Road,

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Coimbatore - 641 018. ... Appellant/3^rd Respondent

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Versus

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1.S.Lakshmipriya (Minor) 2.C.Kulanthaiammal (Minor rep. by her grandmother and next friend C.Kulanthaiammal)

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3.A.Suresh 4.R.Premkumar ... Respondents/Petitioner 1 & 2 and Respondents 1 & 2

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PRAYER: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 02.03.2015 in MCOP No.1024 of 2012, on the file of Motor Accident Claims Tribunal, Additional District Court No.3, Dharapuram.

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For Appellant : Mr.M.B.Gopalan For Respondents: 1 and 2 Mr.V.Raghupathi

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J U D G M E N T

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(JUDGMENT OF THE COURT WAS MADE BY S.MANIKUMAR, J.)

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In the accident, which occurred on 04.03.2011, V.C.Shanmugasundaram, aged about 41 years died. S.Lakshmipriya and C.Kulanthaiammal, being legal representatives of the deceased, filed MCOP No.1024 of 2012, on the file of Motor Accidents Claims Tribunal (Additional District Court No.3) Dharapuram, claiming compensation of Rs.2,00,00,000/-. Appellant insurance company opposed the claim.

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On evaluation of pleadings and evidence, the Tribunal has determined the compensation as Rs.26,17,902/-, with interest at the rate of 7.5% per annum, from the date of claim

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https://hcservices.ecourts.gov.in/hcservices/

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till deposit, and costs, as hereunder:

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Income fixed (per annum) Rs. 2,76,739.00 Pecuniary loss (Rs.2,76,739 /- less 1/3 X 14)Rs.25,82,902.00 - Loss of love and affection Rs. 25,000.00 - Funeral expenses Rs. 10,000.00 - Total Rs.26,17,902.00

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Being aggrieved, insurance company is on appeal.

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On this day, when the matter came up for hearing, Mr.M.B.Gopalan, learned counsel appearing for the insurance company and Mr.V.Raghupathi, learned counsel appearing for the legal representatives of the deceased / respondents 1 and 2 have consented for the award being reduced and fixed as Rs.23,09,000/-, as under:

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Income to be fixed (per month) Rs.15,000.00 - Future prospects 30% - Income fixed Rs. 19,500.00 Pecuniary loss - (Rs.13,000/- X 12 X 14) Rs.21,84,000.00 - Loss of love and affection Rs. 1,00,000.00 - Funeral expenses Rs. 25,000.00 - Total Rs.23,09,000.00 5. Submission of learned counsel on either side is placed on record.

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In view of the above, there shall be a reduction in the quantum of compensation by Rs.3,08,902/-.

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Mr.M.B.Gopalan, learned counsel for the insurance company submitted that the entire award amount of Rs.26,17,902/-, with interest and costs, less the statutory deposit, has already been deposited, to the credit of MCOP No.1024 of 2012, on the file of Motor Accidents Claims Tribunal (Additional District Court No.3) Dharapuram.

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Consequent to the reduction in the quantum of compensation, M/s.Royal Sundaram Alliance Insurance Company Limited is permitted to seek for refund of the balance amount, from the deposit, with proportionate interest.

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https://hcservices.ecourts.gov.in/hcservices/

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In fine, the Civil Miscellaneous Appeal is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar

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//True Copy//
Sub Assistant Registrar
TK
To
The Motor Accident Claims Tribunal
(Additional District Court No.3)
Dharapuram.
2 The Section Officer,
VR Section, High Court, Madras 104
+1cc to Mr.V. Raghupathi, Advocate, S.R.No.15982
nm(CO)
md(20/04/2017)
C.M.A.NO.1550 OF 2015

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https://hcservices.ecourts.gov.in/hcservices/

M/S.Royal Sundaram Alliance v. S.Lakshmipriya (Minor)

Case brief

What is this about?

What did the court decide?

M/S.Royal Sundaram Alliance v. S.Lakshmipriya (Minor)

Case brief

What is this about?

What did the court decide?

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