This Court dismissed an appeal and a cross objection filed against the judgment and decree of the Motor Accidents Claims Tribunal. The Court held that the Tribunal correctly assessed the deceased's income and the total award was not excessive.
Appeal and Cross Objection dismissed; no order as to costs.
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.
C.M.A.(MD).No.221 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.221 of 2019
and Cross Obj(MD) No.3 of 2023 and C.M.P(MD) No.1058 of 2023
C.M.A.(MD) No.221 of 2019:
The National Insurance Company Ltd., through its Branch Manager, D.No.333-1, Chekkalai Road, Karaikudi Nagar, Sivagangai District. ..... Appellant/ 2nd Respondent
-vs-
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 19.04.2017 made in M.C.O.P.No.55 of 2015, on the file of the Motor Accident Claims Tribunal, Sub Court, Devakottai.
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For Appellant : Mr.A.S.Mathialagan
For Respondents : Mr.K.Kumaravel
CROS.OBJ.(MD) No.3 of 2023:
-vs-
PRAYER: Cross Objection filed under Order 41 Rule22 of C.P.C, against the judgment and decree dated 19.04.2017 made in M.C.O.P.No.55 of 2015, on the file of the Motor Accident Claims Tribunal, Sub Court, Devakottai.
For Appellants : Mr.K.Kumaravel For Respondents : Mr.A.S.Mathialagan
C O M M O N J U D G M E N T
The present appeal has been filed by the Insurance Company
challenging the quantum of Award passed by the Motor Accidents Claims Tribunal/ Sub Court, Devakottai.
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2. According to the claimant, the deceased was running a Tea Shop and he was earning a sum of Rs.9,000/- (Rupees Nine Thousand only) per month. The Tribunal has accepted the said monthly income of Rs.9,000/- (Rupees Nine Thousand only) and after deducting 1/3 rd amount towards personal expenses and after adding 30% towards future prospectus had taken the monthly income at Rs.8,700/- (Rupees Eight Thousand and Seven Hundred only) and thereafter applying the multiplier of “13” had arrived at a total compensation of Rs.13,57,200/- (Rupees Thirteen Lakhs Fifty Seven Thousand and Two Hundred only) for loss of income.
3. According to the learned counsel appearing for the appellant, though the claimants have pleaded that the deceased was running a Tea shop, no document has been placed before the Tribunal for establishing the same. Hence, he contended that the notional income of Rs.6,000/- alone shall be taken and not Rs.9,000/- as pleaded by the claimants.
4. Per contra, the learned counsel appearing for the respondents had contended that the auto driver had taken the injured to his home, had
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registered the FIR on the next day. In the said F.I.R, he has mentioned that the deceased was running a Tea shop. Charge Sheet has been laid under Ex.P.2. Charge sheet also refers to the effect that the deceased was running a Tea Shop. The wife of the deceased was examined as P.W.1. and she has categorically deposed that her husband was running a Tea shop. The auto driver who helped the injured to reach home, has been examined as P.W.2 and in his Chief Examination he has categorically pointed out that the deceased was running a Tea shop. The said aspect has not been contradicted in the cross examination.
5. In view of the above said facts, this Court is of the view that the claimants have sufficiently established the fact that the deceased was running a Tea Shop. Therefore, considering the fact that the tea stall is located within Karaikudi Municipality the monthly income taken by the Tribunal at Rs.9,000/- (Rupees Nine Thousand only) cannot be found fault with.
6. The Tribunal has rightly deducted 1/3 rd towards personal expenses and added 30% towards future prospectus and has arrived at monthly income of Rs.8,700/- (Rupees Eight Thousand and Seven Hundred only). The
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Tribunal has awarded a further sum of Rs.50,000/- (Rupees Fifty Thousand only) towards loss of love and affection to the children and a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) towards loss of consortium to the first claimant. The Tribunal has further awarded a sum of Rs.10,000/(Rupees Ten Thousand only) towards funeral expenses and a sum of Rs.5,000/- (Rupees Five Thousand only) was awarded for Ambulance expenses.
7. This Court does not find that the total award amount is in any way excessive and calling for the interference by this Court. Accordingly, this Civil Miscellaneous Appeal stands dismissed.
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Rs.40,000/- (Rupees Forty Thousand only) each and therefore, they were entitled to Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only). However, the Tribunal has awarded a sum of Rs.1,25,000/- to the children as well as the wife of the deceased. Therefore, this Court does not find any reason to enhance the compensation in the Cross objection petition. Accordingly, this Cross Objection Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
20.04.2023
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
1. The Motor Accidents Claims Tribunal, Sub Court, Devakottai.
2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD).No.221 of 2019
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.221 of 2019
20.04.2023
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2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal calls for interference.
Whether the compensation in the cross objection petition needs to be enhanced.
2 provisions across 2 enactments
The National Insurance Company Ltd.
Lakshmi
Deepa
Dinesh
Karthik
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
