C.M.A(MD)No.770 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.12.2024
CORAM
THE HONOURABLE MRS.JUSTICE R. KALAIMATHI
C.M.A(MD)No.770 of 2023
The Manager,
Reliance General Insurance Company Limited,
141/3, First Floor, New By-pass Road,
M.P.Sharathi Nagar,
Vellore-6332 012. ... Appellant/2nd Respondent
-Vs-
1.Mangayarkarasi
2.Minor Saishree
3.Malika
4.Subramani
(Minor 2nd respondent is represented
by her mother and natural guardian
the first respondent) ... Respondents1 to 4
/Claimants
5.Elizabeth ... 5th Respondent/1st Respondent
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicle Act, 1998, as against the award dated 08.03.2023
passed in M.C.O.P.No.528 of 2021 by the Motor Accidents Claims Tribunal/
Principal District Court, Karur.
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C.M.A(MD)No.770 of 2023
For Appellant : Mr.J.S.Murali
For R1 to R4 : No appearance
For R5 : Mr.N.Mohan
J U D G M E N T
This Civil Miscellaneous Appeal has been preferred by the
second respondent/Insurance Company, against the award dated
08.03.2023 passed in M.C.O.P.No.528 of 2021 by the MACT/Principal
District Court, Karur,.
2.Heard the learned counsel for the appellant.
3.This appeal is focussed on the question of liability and
quantum.
4.At trial, on the claimant's side, two witnesses were examined
and sixteen documents were marked. On the respondent's side, no
evidence was let in.
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C.M.A(MD)No.770 of 2023
5.P.W.2 is the ocular witness, who has spoken about the accident
the evidence of P.W.2(Muthusamy @ Muthaian), it is inferable that on
05.03.2021 at about 08.30 p.m., while P.W.2 had been walking along
Thennilai - Chinnatharapuram road, the deceased was proceeding in his
two wheeler(TN-37-CC-7849) from south to northern direction on the left
side of the road, a four wheeler Tempo (Tn-88-H-1157)came towards
southern side in a rash and negligent manner and hit on the aforesaid two
wheeler. Due to the said impact, the rider of the two wheeler Gowthaman
sustained serious injuries and he was sent to the hospital in ambulance. He
came to know that the injured succumbed to the injuries on the way to the
hospital.
6.During his cross-examination, no details advantageous to the
appellant was elicited and based on the ocular evidence of P.W.2, the
Tribunal has concluded that it is because of the rash and negligent driving
of the driver of Tempo Vehicle, the accident happened and the liability is
fastened on the owner of the vehicle, first respondent and its insurer (R2).
The said findings, does not suffer from infirmity or perversity.
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C.M.A(MD)No.770 of 2023
7.Next ground raised in this appeal is quantum. It is the evidence
of P.W.1 that the deceased was aged about 25 years and he was earning
Rs.25,000/ per month by working as painter. As per Ex.P.2-Post mortem
Certificate, his age is fixed at 25 years. The date of the accident is
05.03.2021. The Tribunal has fixed the notional income of the deceased at
Rs.13,000/-. The Hon'ble Supreme Court has standardized the details of
the future prospects while computing the monthly income in National
Insurance Company Vs Pranay Sethi and others, reported in
2017(2)TNMAC 609(SC). For the persons below 40 years 40% has to be
added (13,000/ + 40% = 18,200/-). As the claimants are four in numbers,
1/4th was deducted for personal and living expenses. For loss of income,
based on the aforesaid details, the Tribunal arrived at Rs.29,48,400/-,
rounded off to Rs.29,50,000/- and for loss of consortium to the first
claimant, an amount of Rs.44,000/-, for loss of estate and for funeral
expenses Rs.16,500/- was granted under each head. The Tribunal granted
a sum of Rs.30,27,000/- as compensation.
8.The learned counsel for the appellant would contend that as
per Ex.P.8-legal heir certificate, only the names of the wife and parents are
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C.M.A(MD)No.770 of 2023
given and minor child name is not found. The legal heir certificate would
have been obtained by the claimants. Therefore, this Court does not find
any force in the arguments of the learned counsel for appellant. Hence, as
per the law laid down by the Hon'ble Supreme Court in Sarala Varma and
others Vs Delhi Transport Corporation and another, reported in 2009(2)
TNMAC 1, 1/4th is to be deducted for personal and living expenses of the
deceased as the claimants are four in numbers.
9.As regards the quantum also, this Court finds no good reasons
to disturb the findings of the Tribunal.
10.Based on the aforesaid discussions and observations, this
Court does not find any merits in the appeal. The Civil Miscellaneous
Appeal stands dismissed.
11.The Insurance Company/appellant is directed to deposit the
award amount of Rs.30,27,000/- (less the amount already deposited if any)
together with interest at the rate of 7.5% per annum from the date of claim
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C.M.A(MD)No.770 of 2023
petition till the date of deposit to the credit of M.C.O.P.No.528 of 2021 on
the file of Motor Accidents Claims Tribunal /Principal District Court, Karur,
within a period of eight (8) weeks from the date of receipt of a copy of this
Judgment.
12.On such deposit being made, the respondents 1, 3 and
4/claimants are permitted to withdraw their shares along with interest and
costs as apportioned by the Tribunal, after adjusting the amount, if any
already withdrawn, by filing necessary application before the Tribunal. As
the second respondent/claimant is a minor, the Tribunal shall deposit the
share of the minor claimant in a Fixed Deposit in any one of the
Nationalized Banks, till the minor claimant attains majority. The guardian of
the minor claimant is permitted to withdraw the interest accrued thereon
once in three months directly from the bank. No costs.
31.12.2024
NCC:Yes/No
Index:Yes/No
Internet::Yes/No
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C.M.A(MD)No.770 of 2023
To
1.The Motor Accidents Claims Tribunal,
Principal District Court,
Karur.
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C.M.A(MD)No.770 of 2023
R. KALAIMATHI ,J .
Ns
C.M.A(MD)No.770 of 2023
31.12.2024
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