Civil Miscellaneous Appeal by insurance company against compensation award for motor accident death. High Court upheld negligence finding but modified head-wise compensation from Rs.36,59,434 to Rs.35,79,434.
Compensation reduced to Rs.35,79,434. Balance deposit directed within 8 weeks.
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.26 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN AND THE HONOURABLE MR.JUSTICE P.B.BALAJI
CMA(MD) No.26 of 2018 and CMP(MD) No.339 of 2018
Reliance General Insurance Co., Ltd., No.91A East Veli Street Madurai represented by its General Manager ...appellant/ respondent No.3
Vs.
1.Sutha Devi 2.Prajin 3.Chellammal ... Respondents/ Petitioners
4.Saleem Mohammed
5.Asin Roadways Rep. by its Managing Partner Door No.4/2155/2 Mundak Road Mahe 673310 Pondicherry (Union Territory) ... Respondent Nos.1&2/
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and decreetal order dated
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C.M.A.(MD).No.26 of 2018
14.06.2017 in MCOP No.104 of 2013 on the file of the Motor Accident Claims Tribunal, Sub Judge, Sankarankovil.
For Appellant : Mr.S.Srinivasa Raghavan For Respondents : Mr.P.Subbiah for R1 to R3 No appearance for R4 and R5
J U D G M E N T
P.B.BALAJI, J.
This Civil Miscellaneous Appeal is directed against the award and decree dated 14.06.2017 made in MCOP No.104 of 2013 by the Motor Accident Claims Tribunal,Sub Judge, Sankarankovil.
2.The claim petition in MCOP No.104/2013 has been filed by
the wife and two minor sons of the deceased Iyyappan, who died in a motor accident, which occurred on 10.09.2013. Alleging that the driver of the second respondent vehicle drove the vehicle in a rash and negligent manner and caused the accident, which resulted in the death of the deceased, the claimants sought for a compensation of Rs.65,78,277/-.
C.M.A.(MD).No.26 of 2018
C.M.A.(MD).No.26 of 2018
6.As far as the negligence is concerned, the tribunal has come to the conclusion that since the driver of the lorry had driven the vehicle in a rash and negligent manner, he alone caused the accident. In the said accident, apart from the deceased Iyyappan, one Gopi is alleged to have also died on the spot. As per the evidence of the occurrence witness P.W.3 coupled with the documentary evidence, the tribunal has rightly fixed the negligence on the part of the driver of the vehicle insured with the appellant insurance company. Therefore, on the point of negligence, we feel that no interference is warranted.
Tribunal, taking note of the age of the deceased, arrived at the age of the deceased at 29 and relied on Ex.X4 service register of the deceased to arrive at the age and hence, we do not find any infirmity in the said
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C.M.A.(MD).No.26 of 2018
finding of the Tribunal.
arrived at an income of Rs.16,994/- and has calculated the future prospects at the rate of 50% considering the fact that the deceased was a Government Servant. There is no infirmity in this finding also. However, the learned counsel for the appellant would state that the income tax has not been deducted. We find that the Tribunal has rightly deducted the income tax payable by the deceased. Therefore, the said contention of the learned counsel for the appellant cannot be countenanced.
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C.M.A.(MD).No.26 of 2018
reduced to Rs.15,000/- . As under the head of loss of estate, there is no compensation awarded, a sum of Rs.15,000/- is awarded towards loss of estate and for loss of love and affection, it is reduced to Rs.1,00,000/from Rs.1,25,000/-. As far as transport expenses and for damage to clothes, the amount awarded remains unaltered.
reassessed as follows:
| Heads | Awarded by the tribunal (Rs.) |
Modified/ reduced |
Final Compensation (Rs.) |
|
|---|---|---|---|---|
| Loss of income | 34,03,434 | (confirmed) | 34,03,434 | |
| Loss consortium |
of | 1,00,000 | (reduced) | 40,000 |
| Loss of love affection |
and | 1,25,000 | (reduced) | 1,00,000 |
| Funeral expense | s | 25,000 | (reduced) | 15,000 |
| Transport expenses |
5,000 | (Confirmed) | 5,000 | |
| For damage clothes |
to | 1,000 | (Confirmed) | 1,000 |
| For loss of estat | e | - | - | 15,000 |
| Total | 36,59,434 | Reduced | 35,79,434 |
The compensation is reduced from Rs.36,59,434/- to Rs.35,79,434/-. The respondents 1 to 3 are entitled for the compensation of Rs.35,79,434/-
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C.M.A.(MD).No.26 of 2018
(Rupees thirty five lakhs ninety nine thousand four hundred and thirty four only) with interest at 7.5% from the date of petition till the date of realization.
a sum of Rs.30,00,000/- (Rupees thirty lakhs only) has already been deposited before the Tribunal. The insurance company is directed to deposit the balance amount along with interest within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit being made, the claimants/respondents, namely, the first respondent being the widow of the deceased and the third respondent being the mother of the deceased are permitted to withdraw their respective shares with proportionate interest and costs as apportioned by the Tribunal. As far as the minor share of the respondent No.2 is concerned, his share shall be deposited in a nationalised bank till he attains majority. and the interest accrued thereon shall be withdrawn by the 1st respondent/natural guardian mother once in three months directly from the bank only for the welfare of the minor.
C.M.A.(MD).No.26 of 2018
part with the above modifications. No costs. Consequently connected Miscellaneous Petition is closed.
(T.K.R.,J.) (P.B.B.,J.) 10.11.2023
NCC : Yes/No Index : Yes/No
RR To
1.The Motor Accident Claims Tribunal, Sub Judge, Sankarankovil
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD).No.26 of 2018
RMT.TEEKAA RAMAN,J. AND P.B.BALAJI, J.
RR
CMA(MD) No.26 of 2018
10.11.2023
1 issue framed by the court
Whether the Motor Accident Claims Tribunal erred in assessing quantum of compensation.
1 provisions across 1 enactments
Reliance General Insurance Co., Ltd.
Sutha Devi
Prajin
Chellammal
RMT.TEEKAA RAMAN
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
