Dismissed

The Divisional Manager, v. Malarkodi

Madras HC19 Aug 2020CMA/1024/2016

Case brief

AI extract

What is this about?

The appellant insurance company challenged an award of Rs.15,89,760 by the Motor Accident Claim Tribunal. The Court affirmed the Tribunal's finding that the victim's death was a direct result of head injuries sustained in the accident using the proximity theory, and held the quantum to be supported by evidence.

What did the court decide?

Appeal dismissed; appellant held liable to pay the award; connected miscellaneous petition closed.

The Divisional Manager, Vs Malarkodi — Motor Accident Claims | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 19.08.2020

¶3

CORAM

¶4

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

¶5

Civil Miscellaneous Appeal No.1024 of 2016 and C.M.P.No.7810 of 2016

¶6

The Divisional Manager, Reliance General Insurance Company Ltd., No.73, First Floor, Officers Line, Vellore. ... Appellant/2^nd Respondent vs 1.Malarkodi, aged 40 years, W/o.Late.Mani, 2.Raja, aged 24 years, S/o.Late.Mani, 3.Rajalakshmi, aged 20 years, D/o.Late.Mani, all are residing at No.64, Phase-III, Sathuvachari, Vellore-9.

¶7

4.Patil Ravindra Sadasiv, S/o.Sadasiv S.Patil, Q.5, O.No.33, First Floor, Akash Mazil, Sixth Avenue, Anna Nagar, Chennai – 4. ... Respondents

¶8

Prayer:- Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.08 of 2012 dated 25.06.2015, on the file of Motor Accident Claim Tribunal, I Additional District and Session Judge, Vellore.

¶9

For Appellant : Mr.K.Moorthy For R1 to R3 : Mr.M.Sivakumar For R4 : Notice unserved

¶10

JUDGMENT (The case has been heard through video conference)

¶11

This appeal is preferred by the Insurance Company, aggrieved by the award passed by the Motor Accident Claim Tribunal, Vellore, in M.C.O.P.No.08 of 2012 dated 25.06.2015.

¶12

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

¶13

The victim while crossing the road, was hit by a car bearing Registration No.TN 02 AJ 7524, owned by the fourth respondent, insured under the second respondent. Due to the head injury, the victim went into coma and he was taken to the hospital and treated for nearly 11 months. Thereafter, he died without gaining his concious. At the time of death, he was working as security guard in Texco, being an ex-service man.

¶14

The claimants are the wife and children, have sought for compensation of Rs.30,00,000/-, on the ground that the deceased was earning Rs.6500/- towards pension and Rs.10,000/-, towards salary as a security guard. They have incurred nearly Rs.10,00,000/- expense towards medical care. Therefore, for the loss of non conventional heads and actual expenses incurred, they are entitled for the sum of Rs.30,00,000/-.

¶15

The Tribunal, after considering the facts let in by the claimants, has awarded the sum of Rs.15,89,760/- as per the following breakup:-

¶16

Loss of income	Rs.8,80,000/-
Funeral expenses	Rs.5,000/-
Loss of love and affection	Rs.45,000/-
Medical Transportation	Rs.25,000/-
Medical Expenses	Rs.6,34,760/-
Total	Rs.15,89,760/-

¶17

Aggrieved by the said award, the present appeal has been filed both on the quantum and liability.

¶18

The learned counsel appearing for the Insurance Company would submit that the accident victim died after 11 months of the accident and remoteness between the accident and the death, was not taken note of the Tribunal. The death was due to Cardiac Arrest and not due to the injury sustained in the accident. Further, the sum of Rs.10,000/- as monthly income is on the higher side which requires interference of this Court.

¶19

On perusing the records, this Court finds that the claimants have placed the salary certificate issued by the Texco and marked as Ex.P.14 and the Bank pass book to show the pension income of the deceased person. The discharge summaries issued by the Nalam Hospital, Vellore and Ramachandra Hospital, Chennai, indicates that the victim who sustained head injury was treated by these hospitals, but throughout, he could not regain the concious and died in coma. The submission of the learned counsel for the appellant that the death was not due to the accident, was not acceptable by the Tribunal and equally by this Court,

¶20

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

¶21

since the proximity of the accident and the death though may be seperated by the period of 11 months, the victim has died without regaining his conscious.

¶22

Hence, applying proximity theory, this Court confirms the view of the Tribunal and hold that the Insurance Company is liable to pay the victim, following the principle applicable for the fatal case. Now, coming to the income part, the Tribunal has taken Rs.10,000/- as monthly income, has applied multiplier 11 and has arrived the loss of income as Rs.8,80,000/-. On taking note of the heads of compensation and total compensation awarded by the Tribunal, this Court does not find any major violation or deviation from the established guidelines given by the Hon'ble Supreme Court of India.

¶23

Therefore, this civil miscellaneous appeal is dismissed
as devoid of merits. No order as to costs. Consequently,
connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (CS-)
//True Copy//
Sub Assistant Registrar
gsk
To
1. The Motor Accident Claim Tribunal,
I Additional District and Session Judge,
Vellore.
2. The Section Officer,
VR Section, High Court,
Madras.
+1cc to Mr.K.Moorthy, Advocate, S.R.No. 27249
+1cc to Mr.C.Prabakaran, Advocate, S.R.No. 27356
C.M.A.No.1024 of 2016
and
C.M.P.No.7810 of 2016
GN(CO)
GN(20/01/2021)

¶24

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

The Divisional Manager, v. Malarkodi

Case brief

What is this about?

What did the court decide?

The Divisional Manager, v. Malarkodi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

United India Insurance Co.Ltd., Chennai Vs S.Ravi Kumar

Nagendran Vs Rajan

Pandurangan Vs Sampath

E.Anandhan @ Anand Vs G.Kanniyan

Vadivel Vs Ramesh

Ramasamy Vs Maran