The Divisional Manager v. Bhavani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A.No.3252 of 2011 and M.P.No.1 of 2011 The Divisional Manager The New India Assurance Co.Ltd Having their office at Door No.42, Big Street, Tiruvannamalai ..Appellant/2nd respondent Vs 1.Bhavani 2.Minor Vinoth 3.Minor Arun 4.Poongavanam 5.Pattammal ..Respondents 1 to 5 /Petitioners Minors 2nd and 3rd respondents are rep. By their next friend/mother 1st petitioner Bhavani 6.K.Neppolian ..Respondent No.6 /Respondent No.1 PRAYER: CMA filed against the award and decree dated 27.06.2011 passed in MCOP.No.1070 of 2009 on the file of Motor Accidents 1/5
Claims Tribunal (District Judge), Thiruvannamalai. For appellant : Mr.S.Jayasankar For respondents : Mr.P.Mani for R1 to R3.
JUDGMENT
The insurance company has filed this appeal challenging the quantum of compensation awarded to the claimants/respondents 1 to 5.
2. Since the appellant/insurance company has not questioned the award on other aspects but only raised the grounds seeking to reduce the compensation awarded to the claimants, it is not necessary for this court to go into the manner of accident and the evidence discussed before the Tribunal.
3. For the death caused to Ramar in the accident, the claimants who are wife, sons and parents of the deceased filed MCOP claiming Rs.10,00,000/-. The Tribunal, after going through Ex.P.2-Post mortem certificate, taken the age of deceased as 28. On the basis of evidence, the tribunal fixed the notional income of the deceased who was working 2/5
as building maistry as Rs.4,500/- per month and after deduction, taken Rs.3,000/- p.m. as contribution to his family. In respect of pecuniary and non pecuniary heads, the tribunal granted compensation as under:- S l.
N o.
Heads Compensation awarded by the tribunal
1. Loss of earnings [3,000 x 12 x 18] 6,48,000
2. Loss of consortium [1st claimant/wife] 20,000
3. Loss of love and affection [Rs.10,000 x 4 ] 40,000
4. Funeral expenses 2,000
5. Transport charges
6. Damage to clothes and articles Total 7,11,000/-
4. The compensation awarded by the Tribunal cannot be held to be either excessive or arbitrary. But it is a just compensation following settled proposition of law. 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.
5. By order dated 14.11.2011, this Court while ordering interim 3/5
stay of operation of the award, directed the appellant-Insurance company to deposit entire Award amount with accrued interest. Since this Court confirmed the Award passed by the Tribunal, the respondents 1, 4 and 5 /wife and parents of the deceased are permitted to withdraw the amount lying in the deposit along with interest and costs without filing formal petition before the Tribunal. As far as minor claimants are concerned, their share shall be deposited in fixed deposit in any one of the Nationalised Bank, till they attain majority.
6. In the result, the Civil Miscellaneous Appeal is dismissed. Interim stay stands vacated. No costs.
17.03.2022 nvsri To 1.The District Judge, Motor Accidents Claims Tribunal Thiruvannamalai. 2.The Section Officer, VR Section, High Court, Madras. 4/5
J.NISHA BANU,J.
nvsri C.M.A.No.3252 of 2011 17.03.2022 5/5