Partly allowed

The New India Assurance Co. Ltd. v. Athilakshmi

Madras HC8 Apr 2021CMA/2133/2019

Case brief

AI extract

What is this about?

Civil Miscellaneous Appeal against an award of compensation in a motor accident case. The High Court found the Tribunal's calculation erroneous and recomputed the quantum at Rs.9,42,200/- including future prospectus and transportation, directing the insurance company to deposit the reduced amount.

What did the court decide?

Compensation reduced to Rs.9,42,200/-; Insurance Company directed to deposit same with interest; connected C.M.P. closed.

The New India Assurance Co. Ltd. Vs Athilakshmi — Motor Accident Claims | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.04.2021

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CORAM

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THE HON'BLE MR.JUSTICE C.SARAVANAN

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C.M.A.No.2133 of 2019 and C.M.P.No.8618 of 2019

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The New India Assurance Company Ltd,

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Kerala,

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By its Branch Office at Villupuram.

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... Appellant/2^nd Respondent

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Vs.

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1.Athilakshmi

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2.Duraisamy ...1 &2 Respondents/Petitioners

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3.Anooppa

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(3^rd respondent set exparte in the lower

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Court. Hence notice to him is dispensed with)

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...3^rd Respondents/1^st Respondent

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 08.11.2018 made in M.C.O.P.No.143 of 2015 on the file of the Motor Accidents Claims Tribunal, (Special District Judge), Villupuram.

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For Appellant : Mr.R.Sivakumar

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For Respondents : Mr.Mohammed for

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M/s.S.Silambu Selvam for R1 & R2 R3 - Exparte

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JUDGMENT

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The Insurance company is the appellant in this appeal and is aggreived by the impugned judgment and decree dated 08.11.2018 passed by the Motor Accidents Claims Tribunal, Special District Judge, Villupuram in M.C.O.P.No.143 of 2015.

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By the impugned Judgment and decree, the Tribunal has awarded a sum of Rs.11,96,400/- as compensation detailed below:-

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

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Monthly income of the deceased Rs.6,000x12 (Rs.72,000)	Rs.11,66,400/-
(-) Personal Expenses ½ (Rs.36,000)
Annual Income of the
deceased 72,000 x 40%
(+) 36,000 + 28800 =
(Rs.64,800 x 18)
Funeral Expenses	Rs. 15,000/-
Loss of Estate	Rs. 15,000/-
Total	Rs.11,96,400/-

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3.It is submitted that while arriving at the compensation of Rs.11,96,400/- the Tribunal has committed an error.

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4.Heard the learned counsel for the appellant and the respondent. 5.The compensation of Rs.11,66,400/- determined by the Tribunal is incorrect. The compensation is therefore recomputed as follows:Monthly income of the deceased Rs. Rs.9,07,200/6,000 Annual Income [6000x12] Rs.72,000 Annual Contribution of the deceased to the family at 50% Rs.36,000 [72,000x1/2] Add Future prospectus at 40% [36,000+14,400] Rs.50,400 x 18 Multiplier [50,400 x 18] Funeral Expenses Rs. 15,000/Loss of Estate Rs. 15,000/Transportation Rs. 5,000/Total Rs.9,42,200/-

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6.The Appellant/Insurance Company is therefore directed to deposit the compensation of Rs.9,42,200/- together with interest at 7.5% per annum from the date of numbering of the https://hcservices.ecourts.gov.in/hcservices/ claim petition till the date of such deposit, less any amount

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already deposited by it, within a period of six weeks from the date of receipt of a copy of this Judgment.

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7.On such deposit being made by the Appellant/Insurance

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Company, the 1^st respondent/1^st claimant and 2^nd respondent/2^nd claimant are permitted to withdraw the same together with interest accrued thereon, less the amount already withdrawn if any, by filing suitable application before the Tribunal.

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8.This Civil Miscellaneous Appeal stands Partly Allowed with the above observations. No costs. Consequently, connected civil miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(AD-IV)

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//True copy//

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Sub Assistant Registrar

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jas

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To:

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1.The Special District Judge, Motor Accidents Claims Tribunal, Villupuram.

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2.The Section Officer, Vernacular Section, Madras High Court.

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+1cc to Mr.S.Silambu Selvam, Advocate SR.No.22625

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+1cc to Mr.R.Sivakumar, Advocate SR.No.22384

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C.M.A.No.2133 of 2019

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SSD(CO)

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GMY(09/11/2021)

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

The New India Assurance Co. Ltd. v. Athilakshmi

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Athilakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

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