M/S New India Assurance Co Ltd v. Radhabai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN C.M.A.No.2523 of 2014 M/s New India Assurance Co. Ltd., No.45, Moore Street, V Floor, Chennai 600 001.
.Appellant/Respondent II vs.
1. Radhabai ..R1/1st Petitioner
2. Narayanan ..R2/2nd Petitioner
3. M.Abdul Kasim .R3/Respondent I Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 29.04.2014 passed in M.C.O.P.No.6156 of 2012 on the file of the Motor Accidents Claims Tribunal, (II Judge, Small Causes Court), Chennai.
For Appellant : Mr.J.Chandran For Respondents : Mr.N.M.Muthurajan (R1 &2)
JUDGMENT
(Judgment of the Court was delivered by R.SUDHAKAR,J.) The Insurance Company is on appeal against the Judgment and decree dated 29.04.2014 passed in M.C.O.P.No.6156 of 2012 on the file of the Motor Accidents Claims Tribunal, (II Judge, Small Causes Court), Chennai.
2. It is a case of fatal accident. The deceased viz., V.Jayaprakash, 31 years old, died in a road accident which took place on 04.06.2012. While the deceased was walking along Service Road of Velachery Railway Over Bridge, north to south direction, along with his friend C.Prabhu, nearing Dindigul Velu Briyani Shop, the Motorcycle bearing Registration No.TN-09-AQ-3341, which was driven in a rash
and negligent manner, came from behind and hit against him, in which, he suffered serious injuries and died during the course of treatment on 17.09.2012. At the time of accident, the deceased, a B.Tech Graduate, was working as Junior System Administrator in M/s ReGen Powertech Private Limited, Chennai and was earning a sum of Rs.21,320/-. The claimants who are the parents of the deceased have filed a claim for compensation for a sum of Rs.55,00,000/-.
3. In support of the claim, the wife of the deceased was examined as P.W.1; C.Prabhu an eye witnesses was examined as P.W.2 and one S.Suresh, General Manager of the Regen Power Tech.(P) Ltd., was examined as P.W.3; and Exs.P-1 to Ex.P.24 were marked, the details of which are as follows:- Ex.No.
Details P1 Copy of the FIR in Cr.No.226/S1/2012 registered at J3 Guindy Traffic Investigation P2 Discharge summary P3 Medical Bills P4 Credit Bills P5 Medical Prescriptions P6 Death Summary P7 Pharmacy Bills P8 Medical Bills P9 Medical Prescriptions P10 Medical Bills P11 Postmortem Certificate P12 Death Report P13 Copy of driving licence of the deceased P14 Legalheirs certificate P15 Copy of degree course certificate P16 Copy of Appointment letter P17 Confirmation letter P18 Bank statement P19 Copy of PAN card of the deceased P20 Copy of Passport of the deceased P21 Copy of Aadhar card of 1st petitioner P22 Copy of identify card of the deceased P23 Salary details of the deceased
Ex.No.
Details P24 Copy of Form No.16 On behalf of the Insurance Company, no witnesses were examined and no documents were marked before the Tribunal and the 1st respondent remained exparte.
4. Based on the oral and documentary evidence, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:- Sl.
No.
Head Amount granted by the Tribunal Pecuniary loss Rs.33,71,155/- Funeral Expenses Rs. 15,000/- Loss of Love and Affection for petitioners 1&2 Rs. 75,000/- Pain and Sufferings Rs. 1,50,000/- Medical Expenses Rs.11,60,679/- Total Rs.47,71,834/- This Civil Miscellaneous Appeal is filed by the Insurance Company challenging the said award of the Tribunal.
5. The learned counsel for the appellant pleaded that as per the decision in the case of Sarla Verma vs. Delhi Transport Corporation reported in (2009) 6 SCC 121, there should be 50% deduction in case the deceased was a bachelor. However, the Tribunal, has deducted 1/3rd instead of deducting 50% towards personal expenses. Thus, the Tribunal has erred in awarding compensation under the head "Pecuniary loss". Further, the learned counsel for the appellant pleaded that the Tribunal has awarded a sum of Rs.1,50,000/- under the heading "Pain and Sufferings", which would be applicable only in a case of injury. He would further plead that there is no dispute with regard to other amounts awarded by the Tribunal.
6. This Court considered the submissions made by the learned counsel on either side and perused the materials available on record.
7. The Tribunal, considering the age of the deceased, family circumstances, the educational qualifications of the deceased and the evidence of P.Ws.1 and 3, fixing the income of the deceased at Rs.21,320?/- p.m and by adding 50% towards future prospects, fixed the annual income at
Rs.3,51,162/- and deducting1/3th towards his personal expenses and adopting the multiplier 16, in the light of the decision reported in 2009 ACJ 1298 SC (Sarala Verma & Ors. vs. Delhi Transport Corporation and Anr.), and deducting 10% towards payment of income tax, awarded a sum of Rs.33,71,155/- towards loss of pecuniary benefits.
8. We find that the Tribunal has erred in deducting 1/3rd towards the personal expenses of the deceased, since, as per Sarala Verma's case, 50% deduction has to be made. If that calculation is applied, the compensation towards Pecuniary loss would be Rs.28,09,296/-.
9. Since a substantial sum has been awarded under the heading Medical Bills, this Court is of the view that no amount need be granted under the heading " Pain and Sufferings".
Hence, the compensation of a sum of Rs.1,50,000/- awarded under the heading "Pain and Sufferings" stands deleted.
10. Since there is no dispute with regard to the other heads, the compensation awarded under the other heads are confirmed.
11. Accordingly, the compensation awarded by the Tribunal stands modified as follows:
Sl.
No.
Head Amount granted by the Tribunal Amount granted by this Court Pecuniary Loss Rs.33,71,155/- Rs.28,09,296/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Loss of Love and Affection for petitioners 1&2 Rs. 75,000/- Rs. 75,000/- Pain and Sufferings Rs. 1,50,000/- Rs. - Medical Expenses Rs.11,60,679/- Rs.11,60,679 Total Rs.47,71,834/- Rs.40,59,975/-
12. There is no serious objection in respect of the interest granted at 7.5% per annum.
13. Accordingly, the Civil Miscellaneous Appeal is partly allowed as follows:- (i) The award of the Tribunal is reduced to Rs.40,59,975/- from Rs.47,71,834/- and the claimants are entitled to share the compensation
amount awarded by this Court as apportioned by the Tribunal.
(ii) The interest granted by the Tribunal at 7.5% per annum is confirmed.
(iii) Since the entire award amount has already been deposited to the credit of M.C.O.P.No.6156 of 2012 on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai, and 50% of the respective shares of the claimants have already been permitted to be withdrawn by this Court, the claimants are permitted to withdrawn their respective shares in the balance amount in the award as ordered by this Court by filing necessary applications before the Tribunal.
(iv) The excess amount if any deposited by the appellant is directed to be refunded.
(v) There will be no order as to costs in this appeal.
Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar rg To The Presiding Officer
1. The II Court of Small Causes (The Motor Accidents Claims Tribunal ) Chennai.
2. The Section Officer VR Section, High Court, Madras 2 ccs to M/s. N.M. Muthurajan, Advocate, Sr. 13031 1 cc to M/s.J. Chandran, Advocate, Sr. 13056 C.M.A.No.2523 of 2014 RSI (CO) kk 28/3