M/S.United India Insurance Co Ltd v. Dhanabal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY and C.M.P.No.2395 of 2021 M/s. United India Insurance Company Limited Divisional Office, No.82, Bank of Baroda Building, State Bank Road, Coimbatore Centre, Coimbatore - 641 018 ... Appellant Vs.
1. Dhanabal S/o Marudhachalam
2. Minor Ramya, D/o Dhanabal (Minor rep. by father and Natural Guardian, Dhanabal)
3. A.Nagarajan, S/o Arumugam
4. P.Selvaraj, S/o Periyasamy ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Page 1/4
Vehicles Act, 1988 against the judgment and decree dated 17.10.2019 made in MCOP No.120 of 2018 on the file of the Motor Accidents Claims Tribunal, IV Additional District Court, Coimbatore. For Appellant : Mr.N.Vijayaraghavan For Respondents : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is directed against the judgment and decree of the Motor Accident Claims Tribunal, Coimbatore, dated 17.10.2019 in M.C.O.P.No.120/2018.
2. The appeal is filed, aggrieved by the quantum of compensation granted by the Tribunal.
3. Mr.N.Vijayaragavan, learned counsel for the appellant would submit that even though only a sum of Rs.15,00,000/- is claimed as compensation, the Tribunal had awarded Rs.22,20,400/-. Therefore, he would submit that the award is excess and liable to be interfered with by this Court.
4. We have considered the said submissions and gone through the calculation as made by the Tribunal. The Tribunal had taken the income as Rs.12,000/- per month and had given 40% to future prospects and after deducting of 1/3rd for his personal expenses, arrived at the annual Page 2/4
income as Rs.1,34,400/- and applied the multiplier as 16, the award has been made, by adding the funeral expenses, loss of estate and loss of consortium. We do not find the amount granted by the Tribunal in any of the heads as excess or exorbitant and it has been made strictly as per the law laid down by this Court and the Hon'ble Supreme Court of India.
5. In that view of the matter, it goes without saying that the Tribunal can award a fair compensation irrespective of the claim amount mentioned in the claim petition. Therefore, this Civil Miscellaneous Appeal fails and the same stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(J.N.B,J.) (D.B.C, J.) Index : Yes / No 15.06.2023 Internet : Yes vsi To The Motor Accidents Claims Tribunal, IV Additional District Court, Coimbatore.
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J. NISHA BANU, J.
and D.BHARATHA CHAKRAVARTHY,J.
vsi 15.06.2023 Page 4/4