Appeal against Minimum Civil Awards awarding compensation for motor accident death. High Court modified notional monthly income to Rs.10,000/- and reduced total compensation from Rs.9,16,000 to Rs.6,92,000.
Compensation reduced from Rs.9,16,000 to Rs.6,92,000; appellant to deposit revised amount with interest at 7.5% per annum.
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C.M.A.No.2832 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2024
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2832 of 2021 and C.M.P.No.16214 of 2021
The Oriental Insurance Co. Ltd., 3rd Party Claim HUB, 32/312, 13th Street, Phase II, Sathuvacheri, Vellore.
... Appellant
Vs.
1.V.Rani 2.Suresh 3.Saravanan 4.S.Kirubagaran
... Respondents
PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988 challenging the Award and Decree dated 17.03.2021 made in M.C.O.P. No.195 of 2018 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Vaniyambadi.
For Appellant : Mr.J.Chandran For Respondents : Ms.M.Malar for R1 to R3 R4 - No Appearance
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JUDGMENT
This appeal has been filed by the Insurance Company, questioning the quantum of compensation awarded by the Tribunal under the impugned award. The Tribunal under the impugned award directed the appellant Insurance Company to pay a total compensation of Rs.9,16,000/- to the respondent Nos.1 to 3 / claimants for the death of one Venugopal as a result of an accident caused by a vehicle insured with the appellant.
| Heads | Amount awarded by the Tribunal in Rs. |
|---|---|
| Loss of dependency | 7,84,056 |
| Love and affection and Consortium | 1,00,000 |
| Funeral expenses | 15,000 |
| Loss of estate | 15,000 |
| Attender charges | 2,000 |
| Total | 9,16,056 |
| Rounded of to | 9,16,000 |
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accident which happened in the year 2018. The avocation, age and the date of the accident are not disputed by the appellant Insurance Company. However, the Tribunal has erroneously fixed the notional monthly income of the deceased at Rs.14,000/- though the deceased was admittedly aged 65 years at the time of the accident and the respondent Nos.1 to 3 / claimants also failed to produce any documentary evidence to support their claim that the deceased was earning Rs.14,000/- at the time of the accident.
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considered to be excessive as claimed by the appellant / Insurance
Company.
appellant Insurance Company is re-worked in the following manner:
| Heads | Amount awarded by the Tribunal in Rs. |
Amount awarded by this Court in Rs. |
|---|---|---|
| Loss of dependency | 7,84,056 | 5,60,000 |
| Love and affection and | 1,00,000 | 1,00,000 |
| Consortium | ||
| Funeral expenses | 15,000 | 15,000 |
| Loss of estate | 15,000 | 15,000 |
| Attender charges | 2,000 | 2,000 |
| Total | 9,16,056 | 6,92,000 |
| Rounded of to | 9,16,000 | 6,92,000 |
reducing the award amount from Rs.9,16,000/- to Rs.6,92,000/- . The appellant insurance company is directed to deposit the reduced award amount of Rs.6,92,000/- , after deducting the amount already deposited, if any, together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit and cost to the credit of M.C.O.P.
No.195 of 2018 on the file of the Motor Accidents Claims Tribunal,
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Subordinate Judge, Vaniyambadi , within a period of four weeks from the
date of receipt of a copy of this judgment.
8. The respondent Nos.1 to 3 /claimants are permitted to withdraw the said amount, once it is deposited by the appellant /Insurance Company, by filing an appropriate application before the Tribunal. On such application being made, the Tribunal shall transfer the amount lying to the credit of M.C.O.P. No.195 of 2018 to the bank account of the respondent Nos.1 to 3 /claimants directly through NEFT / RTGS, within a period of one week thereafter. No costs. Consequently, the connected miscellaneous petition is closed.
18.06.2024 Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab
To
1. The Motor Accidents Claims Tribunal, Subordinate Judge, Vaniyambadi.
2. The Section officer, Record Section, High Court of Madras.
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ABDUL QUDDHOSE. J.,
ab
C.M.A.No.2832 of 2021
18.06.2024
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2 issues framed by the court
Whether the Tribunal erred in fixing the notional monthly income of the deceased, aged 65 years, at Rs.14,000/- without documentary evidence.
Whether the compensation awarded requires modification to reflect the deceased notional income of Rs.10,000/-.
1 provisions across 1 enactments
The Oriental Insurance Co. Ltd.
1.V.Rani
2.Suresh
3.Saravanan
4.S.Kirubagaran
Abdul Quddhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
