Amitha Gani v. K.R.Premchand

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Amitha Gani W/O.Late Iqbal, No.12/24, Thaiyappan Mudali St, Seven Wells, Broadway, Chennai 01.

Appellant(s) Vs

1. K.R.Premchand S/O.P.K.Rajagopalan, NO.7/4B, 13th Cross St, New Colony, Chrompet, Chennai 44.

2.Royal Sundaram Genereal Insurance Co Ltd Legal Department, Subramaniam Building, 2nd Floor, NO.1, Club House Road, Anna Salai, Chennai 02.

3.Jenifer Saburiya W/O.Late Iqbal, No.19/37, St.Xavier St, Chennai Centra Post, CH 01.

4.Minor Sheik Mujeebur Rahman

S/O.Late Iqbal, No.19/37, St.Xavier St, Chennai Centra Post, CH 01, Rep by next friend and natural guardian their mother, the 3rd Respondent herein.

5.Minor Mohamed Hariff S/O.Late Iqbal, No.19/37, St.Xavier St, Chennai Centra Post, CH 01, Rep by next friend and natural guardian their mother, the 3rd Respondent herein.

Respondent(s) PRAYER To enhance the amount awarded in MCOP NO.7334 of 2017 dated 29.07.2021 on the file of Motor Accident Claims Tribunal (Chief Small Causes Court), Chennai.

For Appellant(s):

Mr.K.Varadha Kamaraj For Respondent(s):

Mr.R. Asokan For R 1 Mr.G.Vasudevan For R2 Mr.R.Navaneetha Krishnan For R3 To R5 JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the amount awarded in MCOP NO.7334 of 2017 dated 29.07.2021 on the file of Motor Accident Claims Tribunal (Chief Small Causes Court), Chennai.

2. On 31.07.2017 at about 00.05 hours when the deceassed Iqbal was rideing the motorcycle bearing registeration No. TN 04 ZQ9160 on the left side near hotel Grand Palace, MIT Bridge GST Road, Chrompet, Chennai, a car bearing Registeration No. TN 11 R 4929 proceeding from Chrompet to Tambaram direction being driven in a rash and negligent manner by its driver and dashed against the motorcycle, due to which he was thrown out of the MIT bridge and sustained head injuries and died on the spot. Thereafter, the claimants filed the petition before the tribunal claiming compensation and the second respondent insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation the claimant filed this appeal.

3. The learned counsel for the claimant submits that at the time of the accident the driver of the car driven the vehicle in a rash and negligent manner with drunken mode dashed against the deceased thereby the deceased sustained fatal injuries and died but the tribunal has erroneously fixed 50% liability upon

the deceased as such is erroneous and liable to be set aside. Hence, he prays to set aside the award passed by the tribunal.

4. The learned counsel for the second respondent submits that at the time of the accident in stead of taking U-turn deceased suddenly turned right towards south on the Easter arm of the MIT bridge in wrong side thereby accident was happened. Therefore, the tribunal rightly fixed 50% contributory negligence upon the deceased which needs no interference and there is no material evidence to prove that the driver of the car driven the vehicle with drunken mode.

5. Heard both sides.

6. Admittedly the deceased entered into the wrong way and according to the second respondent in order to avoid long distance the deceased has entered into the bridge in the wrong side. But the tribunal has fixed 50% contributory negligence upon the deceased which is excessive. Therefore, this Court is inclined to fix 20% contributory negligence upon the deceased. Further, considering the cost of living at the time of the accident, this Court is inclined to fix Rs.16,000/- as notional income of the deceased with 25% future prospectus.

Accordingly, the claimant is entitled to Rs. 23,40,000/-(16000+4000x12x131/4) under the head of loss of dependency. Except above modification, the award passed by the tribunal in other heads remain unchanged. S.No.

Heads Compensation awarded by the tribunal.

Compensation awarded by this Court 1.

Loss of dependency Rs.14,91,672/- Rs.23,40,000/- 2.

Loss of estate Rs.15,000/- Rs.15,000/- 3.

Loss of consortium Rs.1,60,000/- Rs.1,60,000/- 4.

Funeral expenses Rs.15,000/- Rs.15,000/- 5.

Transportation charges Nil Nil Total Rs.16,81,672/- Rs.25,30,000/-

7. After deducting 20% towards contributory negligence, the claimant is entitled to Rs. 20,24,000/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 20,24,000/-. The 2 nd respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP NO.7334 of 2017 on the file of Motor Accident Claims Tribunal (Chief Small Causes Court), Chennai., within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making

formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.

8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

07-08-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Motor Accident Claims Tribunal (Chief Small Causes Court), Chennai.

2. The Section officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl 07-08-2025