Tata Aig General Insurance Company Ltd v. Sangeetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.2141 of 2024 and CMP No.16543 of 2024 TATA AIG General Insurance Company Ltd., Branch Office, Unit No.159-A, 1st Floor, Parimalam Complex, No.156-161, Erode - 638 011.

... Appellant .vs.

1.Sangeetha 2.Brindha 3.Minor.Srimathi 4.Minor.Abishek 5.Alamelu 6.Ponmalar ..Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the award dated 13.10.2023 made in MCOP No.49 of 2020, on the file of the Motor Accident Claims Tribunal, Dharmapuri. For Appellant : Mr.K.Vinod For Respondents : Mr.S.Udayakumar for R1 to R5 1/6

JUDGMENT

The Insurance Company has filed the present appeal questioning the compensation fixed against the award passed by the Tribunal in MCOP No.49 of 2020, dated 13.10.2023.

2.The claimants who are the wife, three children and mother of the deceased Subramani filed the claim petition on the ground that the deceased Subramani on 21.08.2019 was proceeding in a two wheeler as a pillion rider at Dharmapuri-Krishnagiri National Highways and at about 7 p.m., when the vehicle was going near Koradahalli bus stop, the offending vehicle which was a car was driven in a rash and negligent manner and it came from behind and dashed on the two wheeler. As a result, the deceased was thrown out of the vehicle and he sustained grievous injuries and died on the spot. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.

3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. Having come to such a conclusion, the 2/6

Tribunal fixed the total compensation payable at Rs.30,88,000/- under various heads as follows:

S.No Compensation awarded under Amount the head (in Rs.) 1.

Loss of Dependency 28,35,000 2.

Loss of Consortium 44,000 3.

Loss of Love and Affection 1,32,000 4.

Filial Consortium 44,000 5.

Loss of Estate 16,500 6.

Funeral Expenses 16,500 7.

Medical Expenses NIL Total 30,88,000 4.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.

5.The Insurance Company aggrieved by the quantum of compensation fixed by the Tribunal has filed the present appeal before this Court. 6.Heard Mr.K.Vinod, learned counsel appearing on behalf of the appellant and Mr.S.Udayakumar, learned counsel appearing on behalf of respondents 1 to 5.

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7.This Court has carefully considered the submissions made on either side and also the materials available on record.

8.In the instant case, the accident had taken place in the year 2019. The claimants came up with a case that the deceased Subramani was a building contractor and he was earning a sum of Rs.50,000/- per month. There was no proof regarding the occupation of the deceased and the income earned by him. The Tribunal fixed the notional monthly income at Rs.18,000/- per month. The same requires the interference of this Court and this Court is inclined to fix a sum of Rs.16,000/- per month as notional monthly income. Considering the age of the deceased, 25% can be added towards future prospects. Thus, the compensation under the head of loss of dependency is calculated as follows: Rs.20,000 x 12 x 14 x 3/4 = Rs.25,20,000/- 9.The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court. 10.In the light of the above discussion, this Court modifies the compensation in the following manner:

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S.No Compensation awarded under Amount the head (in Rs.) 1.

Loss of Dependency 25,20,000 2.

Loss of Consortium 44,000 3.

Loss of Love and Affection 1,32,000 4.

Filial Consortium 44,000 5.

Loss of Estate 16,500 6.

Funeral Expenses 16,500 Total 27,73,000 11.The compensation awarded by the Tribunal at Rs.30,88,000/- is reduced to Rs.27,73,000/-. The appellant insurance company is directed to deposit the reduced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six weeks from the date of receipt of this judgment. Considering the dependency of the claimants with deceased, the compensation awarded by this Court shall be shared by the respondents/claimants herein as per the following apportionment:

a) The 1st claimant/1st respondent herein is entitled to a sum of Rs.8,73,000/- b) The claimants 2 to 4/respondents 2 to 4 herein is entitled to a sum of Rs.5,50,000/- each 5/6

N. ANAND VENKATESH., J ssr c) The 5th claimant/5th respondent herein is entitled to a sum of Rs.2,50,000/- The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

12.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. 02.08.2024 Index : Yes/No Speaking Order/Non-Speaking Order ssr To The Motor Accident Claims Tribunal, Dharmapuri. CMA No.2141 of 2024 and CMP No.16543 of 2024 6/6