Appellant Insurance Company appealed the compensation award for a fatal motor accident. The Court reduced the loss of income award due to lack of income evidence, enhanced funeral and transport expenses, and revised the total compensation.
Total compensation reduced to Rs.30,00,000 with interest; funeral and transport expenses enhanced.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.01.2021
CORAM
THE HONOURABLE Mr. JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP C.M.A. No.3461 of 2019 and CMP.No.20303 of 2019
United India Insurance Co. Ltd., Represented by its Manager, 77, Oriental Complex, A.A. Street, Salem 636 001.
Salem 636 001. .. Appellant Versus 1. Kamala 2. Savitha 3. Indhuja 4. Subasri 5. Minor Kiruthika [Minor rep. by next friend and guardian and her mother Kamala] 6. Subbammal
.. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 30.10.2018 made in MCOP. No. 501 of 2016 on the file of the Motor Accident Claims Tribunal / I Additional District Judge, Tiruppur.
For appellant : Mr.S.Arun Kumar For respondents for R1 to R6 : Mr.R.Prabakar for R7 : Set ex-parte before the Tribunal
J U D G M E N T (The Judgment of the Court was delivered by R.Subbiah, J)
The appeal is heard through video conferencing.
herself as PW1, along with two other witnesses as PW2 & PW3 and marked Exs.P1 to P16. On the side of the Insurance Company, neither any oral evidence was adduced nor documents were marked.
| S.No. | Heads under which the amount is awarded by the Tribunal |
Amount in Rs. |
|---|---|---|
| 1. | Loss of Income | 29,04,044 |
| 2. | Loss of Consortium | 2,40,000 |
| 3. | Medical Expenses | 6,39,613 |
| 4. | Funeral Expenses | 15,000 |
| 5. | Transport Expenses | 5,000 |
| Total | 38,03,657 |
The actual total compensation comes to Rs.38,03,657/-. However, the Tribunal has erroneously arrived the amount at Rs.38,03,613/-.
arrived at Rs.2,64,000/- [22,000 x 12]. Further, by applying multiplier “11”, the total “Loss of Income” was arrived at Rs.29,04,044/-. In the absence of any proof to show that the deceased was earning income from the above said business, the Tribunal ought not to have fixed a sum of Rs.30,000/- as monthly income, instead by fixing a sum of Rs.15,000/- as monthly income, the amount awarded by the Tribunal could be modified.
| S. No. |
Heads under which the compensation is awarded |
Amounts awarded by the Tribunal |
Amounts awarded by this Court |
|---|---|---|---|
| 1 | Loss of Income | 29,04,044 | 20,69,100 |
| 2 | Loss of Consortium | 2,40,000 | 2,40,000 |
| 3 | Medical Expenses | 6,39,613 | 6,39,613 |
| 4 | Funeral Expenses | 15,000 | 20,000 |
| 5 | Transport Expenses | 5,000 | 20,000 |
| Total | 38,03,657 | 29,88,713 rounded of to (30,00,000) |
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
pvs
To
C.M.A. No.3461 of 2019 and CMP.No.20303 of 2019
SR II(CO) GN(07/12/2021)
3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal regarding loss of income and other heads is just and proper.
Whether the monthly income of the deceased should be reduced in the absence of documentary evidence supporting higher earnings.
Whether the funeral and transport expenses awarded are reasonable given the treatment duration.
1 provisions across 1 enactments
United India Insurance Co. Ltd.
Kamala
Savitha
Indhuja
Subasri
Kiruthika
R.Subbiah
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
