Cholamandalam Ms General Insurance Company Ltd v. Renuka Devi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE :29.03.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM C.M.A.No.1331 of 2021 & C.M.P.No.6722 of 2021 Cholamandalam MS General Insurance Company Limited, 3rd Floor, No.443, Megunam Towers, Dr.Nanjappa Raod, Gandhipuram, Coimbatore.
...1st Appellant/3rd Respondent vs.
1. Renuka Devi
2. Sivaprasath (minor) (2nd respondent minor rep. by the first respondent/Mother)
3. Ramakrishnan
4. Visalatchi ...Respondents 1 to 4/Petitioners 1 to4
5. Prabakaran
6. Muthusamy ...5&6Respondents/Respondents 1&2 PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and Decree made in MCOP.No.1587 of 2016 dated 30.08.2019 on the file of the Motor Accident Claims Tribunal, III Additional District & Sessions Court, Coimbatore.
For Appellant : Mr.M.B.Raghavan For R1 to R4 : Mr.K.Selvakumar For R5 : No appearance For R6 : Mr.A.Sathish Kumar
JUDGMENT
(Judgment of the Court was made by K.KALYANASUNDARAM, J.,) Challenging the award passed in M.C.O.P.No.1587 of 2016 dated 30.08.2019 by the Motor Accident Claims Tribunal (III Additional District Court), Coimbatore, the present appeal has
been filed by the Insurance Company.
2.The respondents 1 to 4 are the legal heirs of the deceased - Ravichandran. According to the respondents/claimants the deceased was riding a Motor cycle bearing Registration No.TN 99 B 7977 from West to East near Chettipalayam - Palladam Road at 11.30 a.m., on 23.03.2016. At that time, a lorry bearing Registration No.TN 99 D 2133 which was coming from opposite direction, driven by its driver in a rash and negligent manner, hit against the motor cycle. In the accident, he sustained fatal injuries and died on the spot. It is the further case of the claimants that the deceased-Ravichandran was 51 years old, at the time of accident and his annual income was Rs.3,51,350/- and he was running a business in the name and style of Sri Krishna Textiles. Hence, they are entitled for total compensation of Rs.30 lakhs.
3.In the counter, the appellant has denied the allegations made in the claim petition and prayed for dismissal of the same. 4.During trial, the claimants examined P.W.2-Ramakrishnan and P.W.3-Velusamy who are said to have witnessed the accident. Through them they filed Ex.P.15 to 18 and 21. 5.The Tribunal based on the evidence of P.W.2 and 3 and Ex.P.1-First Information Report held that the accident occurred due to the negligence of the driver of the lorry and awarded total compensation of Rs.28,92,688/- along with interest at the rate of 7.5% per annum.
6.Questioning the same, the present appeal has been filed. 7.The learned counsel for the appellant, Mr.M.B.Raghavan, would urge that the deceased is a business man and the evidence of P.W.1 and Ex.P.18 would reveal that even after the accident and the death of the deceased, the business is being run by the claimants. Hence, fixing the income at Rs.25,920/- based on the income tax return-Ex.P.17 cannot be sustained. 8.Per contra, the learned counsel for the respondents/ claimants would argue that P.W.1 has categorically stated in her evidence that the deceased is an expert in the Textile business and in his absence, it is very difficult for the claimants to run it. On the other hand they have stated that they have to engage an expert to compensate the loss of the deceased. 9.Heard the rival submissions and perused the materials available on record.
10.This appeal has been filed, only challenging the quantum. Therefore, this Court confirms the decision reached by the Tribunal on the aspect of negligence and liability. 11.The Tribunal fixed the income of the deceased as Rs.25,920/- on the basis of the income tax return-Ex.P.17. Perusal of the evidence of P.W.1 and Ex.P.18 would show that even after the death of the deceased, the claimants are running the business. Hence, the income fixed by the Tribunal cannot be sustained. Therefore, it would be appropriate to fix the income at Rs.18,000/- and by adding 10 % towards future prospectus, the total monthly income of the deceased would be Rs.19,800/-. Deducting 1/4th towards personal expenses, the amount under the head 'loss of dependency' would be Rs.19,60,200/- (Rs.14850/- x 12 x 10 % x 3⁄4).
As per the decision of the Hon'ble Apex Court in the case of Magma General Insurance Company Vs. Nanuram @ Chuhru Ram and Others, the claimants are entitled for Rs.40,000/- each for loss of consortium. Hence, the amount awarded under the head 'Consortium' is enhanced to Rs.1,60,000/-. Amounts awarded under the heads 'Loss of estate' and 'Funeral expenses' are confirmed. Thus the amount awarded by the Tribunal is recalculated as follows: - Sl.No.
Particulars Amount awarded by the Tribunal in Rs.
Amount awarded by this Court in Rs.
Enhanced/ granted/ confirmed/ reduced/ set aside Loss of dependency 28,22,688/- 19,60,200/- Reduced Loss of estate 15,000/- 15,000/- Confirmed Consortium 40,000/- 1,60,000/- Enhanced Funeral Expenses 15,000/- 15,000/- Confirmed Total 28,92,688/- 21,50,200/- Reduced 12.In view of the above, this Civil MiscellaneousAppeal is partly allowed and the amount of Rs.28,92,688/- is reduced to Rs.21,50,000/-. Out of the total award amount the 1st claimant/ wife of the deceased is entitled for a sum of Rs.10,50,000/-and minor child/2nd claimant is entitled for a sum of Rs.5,00,000/- and the 3rd and 4th claimants/parents of the deceased is entitled for Rs.3,00,000/- each. The rate of interest is 7.5% per annum from the date of claim petition till the date of deposit. The appellant/Insurance Company is directed to deposit the award amount, now determined by this Court, along with interest and costs, within a period of six weeks from the date of receipt of
a copy of this judgment. On such deposit is being made, the major claimants are permitted to withdraw their share of the award amount along with proportionate interest and costs, less the amount already withdrawn, if any. In so far as, share of the minor child, the Tribunal is directed to deposit the same in any of the nationalized bank in a fixed deposit scheme, till the minor attains majority. Till such time, the interest accrued thereon shall be withdrawn by the mother of the minor children/1st claimant, once in three months, directly from the Bank.
13.In fine, this Civil Miscellaneous Appeal is partly allowed. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Jer To
1. The Motor Accident Claims Tribunal, III Additional District and Sessions Court, Coimbatore.
2. The Section Officer, V.R.Section, High Court of Madras.
+1cc to M/s.P.Veenasuresh, Advocate, S.R.No.21627 +1cc to Mr.A.Sathishkumar, Advocate, S.R.No.21636 C.M.A.No.1331 of 2021 & CMP.No.6722 of 2021 GSM(CO) RGA(01/06/2022)