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Madras High CourtCMA/1649/2020dismissed

The Branch Manager v. Kavitha

2021-04-22Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.Nos.1649 & 1652 of 2020 and C.M.P.Nos.12157 & 12159 of 2020 C.M.A.No.1649 of 2020 The Branch Manager, Cholamandalam MS General Insurance Company Limited, Tirupattur Branch, No.46, Pudupet Main Road, Opp. To IDBI Bank, Tirupattur, Vellore District.

... Appellant/2nd Respondent in both CMA Vs.

1.Kavitha 2.Krishnamurthy ... Respondents 1 & 2/Petitioner 3.B.Vignesh ... 3rd Respondents/1st Respondent C.M.A.No.1652 of 2020 The Branch Manager, Cholamandalam MS General Insurance Company Limited, Tirupattur Branch, No.46, Pudupet Main Road, Opp. To IDBI Bank, Tirupattur, Vellore District.

... Appellant Vs.

1.Meganathan 2.Sivaranjani ... Respondents 1 & 2/Petitioner 3.B.Vignesh ... 3rd Respondents/1st Respondent Prayer in C.M.A.No.1649 of 2020: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.01.2020 made in M.C.O.P.No.1114 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri.

Prayer in C.M.A.No.1652 of 2020: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.01.2020 made in M.C.O.P.No.1113 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court for Motor Accident Claims Cases, Krishnagiri. For Appellant : Mr.E.Rajadurai (in both C.M.As) for M/s.M.B.Gopalan Associates For Respondents :

For R1 & R2 : Mr.Jagadeesan (in both C.M.As) R3 : Exparte (Both CMA) COMMON JUDGMENT By this common judgment, both these appeals are being disposed of.

2. In these appeals, the respective appellant/insurance company has challenged the amounts awarded by the Tribunal in M.C.O.P.Nos.1114 & 1113 of 2018.

3. The impugned Judgment and decree in M.C.O.P.No.1114 of 2018 has been challenged in C.M.A.No.1649 of 2020. The Tribunal has awarded a sum of Rs.14,75,000/- as compensation as detailed below:- Sl.No.

Heads of Compensation Amount Awarded by the Tribunal 1.

Loss of Dependency Rs.13,60,800/- 2.

Loss of Estate Rs. 15,000/- 3.

Funeral Expenses Rs. 15,000/- 4.

Love and Affection Rs. 30,000/- 5.

Ambulance Bill Rs. 24,200/- 6.

Hospital Bill Rs. 30,000/- Total Rs.14,75,000/-

4. The amount awarded by the Tribunal appears to be Just and reasonable compensation. Under these circumstances, I do not find any merits in C.M.A.No.1649 of 2020 and is accordingly dismissed.

5. The impugned Judgment and decree passed in M.C.O.P.No.1113 of 2018 has been challenged in C.M.A.No.1652 of 2020. The Tribunal has awarded slightly higher compensation to the claimants ignoring the decision of the Hon'ble Supreme Court in Kishan Gopal and another Vs Lala and others, 2013 ACJ 2594.

6. Therefore, the compensation awarded by the Tribunal in M.C.O.P.No.1113 of 2018 is recomputed as follows:- Sl.

No.

Heads of Compensation Amount awarded by the Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced 1.

Towards Pecuniary Loss Rs.7,80,000/- Rs.5,00,000/- Reduced 2.

Towards Love and Affection Rs.2,00,000/- Rs. 80,000/- (Rs.40,000/- each) Reduced 3.

Towards Loss of Estate Rs.1,00,000/- Rs. 15,000/- Reduced 4.

Towards Funeral Expenses Rs. 15,000/- Rs. 30,000/- Enhanced Total Rs.10,95,000/- Rs.6,25,000/- Reduced to Rs.4,70,000/-

7. In the result, the appellant/insurance company in C.M.A.Nos.1649 and 1652 of 2020 is therefore directed to deposit the compensation awarded by the Tribunal and the reduced amount of Rs.6,25,000/- together with interest at 7.5% per annum from the date of numbering of the claim petition till the date of such deposit, less any amount already deposited by it, within a period of six weeks from the date of receipt of a copy of this Judgment.

Therefore, the appeal filed by the appellant/Insurance Company in C.M.A.No.1652 of 2020 is partly allowed.

8. On such deposit being made by the appellant/insurance company in both the appeals, the 1st and 2nd respondents/1st and 2nd claimants are permitted to withdraw the same together with interest accrued thereon, less the amount already withdrawn if

any, by filing suitable application before the Tribunal. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar arb To:

1.The Motor Accidents Claims Tribunal, Special District Court, Krishnagiri.

2.The Section Officer, Vernacular Section, Madras High Court.

+2CCs to Mr.Mukund R.Pandiyan, Advocate, SR.No.24784,24785 C.M.A.Nos.1649 & 1652 of 2020 and C.M.P.Nos.12157 & 12159 of 2020 SR II(CO) B.VC (16/09/2021)