Messers The New India v. Tr.K.S.Shanmugasundaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU Civil Miscellaneous Appeal No.1088 of 2010 and M.P.No.1 of 2010 M/s.The New India Assurance Co.Ltd., Kumaran Shopping Complex, Tirupur ... Appellant /3rd respondent Vs.
1.K.S.Shanmugasundaram 2.Rukmani 3.Saraswathi 4.Minor Achaya rep. By her next friend and mother Saraswathi ..Respondents 1 to 4 /Petitioners 1 to 4 5.K.Karuppusamy ..5th respondent/1st respondent 6.P.K.Muthusamy .. 6th Respondent/2nd respondent.
(5th & 6th Respondents remained exparte in Lower Court) Civil Miscellaneous Appeal is filed under 173 of Motor Vehicles Act, 1988, against the decree and judgment made in M.A.C.T.O.P.No.33 of 2003 on the file of the Motor Accidents Claims Tribunal (Addl.District Judge, Fast Track Court 5) Coimbatore at Tirupur dated 23.02.2005.
For Appellant : Mr.M.Krishnamoorthy For respondents: M/s.Ma.Pa.Thangavel for R1 and R2. M/s.C.AnandaRamani for R3 and R4
JUDGMENT
The present appeal has been filed by the Insurance Company challenging the award of the Motor Accident Claims Tribunal dated 23.02.2005.
2. It is a case of fatal. The claimants/respondents 1 to 4 herein, filed MCOP.No.33 of 2003 seeking compensation of
Rs.10,00,000/- on account of the death of one Manoharan in the accident that occurred on 09.09.2002. The claimants are the father, mother, wife and daughter of the deceased.
3. The learned counsel for the appellant even though argued on the grounds raised in the CMA that the Tribunal erred in awarding excessive sum of Rs.8,21,000/- as compensation for the death of a man who was employed as a driver, mainly argued that the rate of interest awarded by the Tribunal i.e., 9% from the date of petition till the date of deposit is not sustainable.
4. Heard the learned counsel for the appellant and the learned counsel for respondents 1 to 4 and perused the materials available on record.
5. There is no dispute as to the occurrence of the accident and the liability of the appellant/Insurance Company to pay the compensation. In view of this admitted position, it is unnecessary to narrate the factual aspects of the accident.
6. Insofar as quantum of award is concerned, the Motor Accidents Claims Tribunal, by taking Rs.6000/- as notional monthly income of the deceased who was working as driver, adopted multiplier 16 and deducted 3/2 for his personal expenses and calculated the Pecuniary Loss at Rs.7,68,000/-. Further, the Tribunal, under other heads, granted compensation and in all, the award passed by the Tribunal is as follows:- Sl.N o.
Heads Compensation awarded by the Tribunal (in Rs.) 1.
Pecuniary Loss 7,68,000/- 2.
Loss of love and affection (for claimants 1 and 2) 10,000/- 3.
Loss of love and affection (for 3rd claimant) 15,000/- 4.
Loss of consortium 15,000/- 5.
Loss of love and affection (for 4th claimant) 10,000/- 6.
Funeral expeses 3,000/- Total 8,21,000/-
7. Taking into consideration the facts and other aspects of the matter, this court is of the view that the compensation awarded is the just compensation. In such view of the matter, this court finds no infirmity in the award of the Tribunal warranting any interference and accordingly, the award passed by
the Tribunal is confirmed. However, taking note of the interest component awarded by the Tribunal, this court only reduces the rate of interest from 9% to 7.5% per annum from the date of claim petition till the date of realisation.
8. By order dated 06.04.2010, this court observed that the appellant has deposited the entire compensation amount with proportionate accrued interest and costs. Further this court permitted respondents 1 to 3 to withdraw 50% of their share in the award amount with interest at the rate of 7.5% per annum and further towards the share of minor daughter, interest portion alone was directed to be paid to the mother of the minor once in three months. Therefore, the respondents 1 to 3 are entitled to withdraw the balance award amount as per the ratio fixed by the Tribunal with accrued interest at the rate of 7.5% per annum. In so far as 4th respondent is concerned, her share shall be deposited in a Nationalised Bank till she attains majority. The appellant/Insurance company is permitted to withdraw the excess amount if any lying in the deposit.
9. The Civil Miscellaneous Appeal is disposed of with the above modification.
No costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nvsri To The Motor Accident Claims Tribunal, The Additional District Judge, Fast Track Court V, Coimbatore at Tirupur.
Copy To The Section Officer, VR Section, High Court, Madras.
+1cc to Mr.C.Ananda Ramani, Advocate SR.No.16328 C.M.A.No.1088 of 2010 SMI(CO) GN(04/05/2022)