United India Insurance Company Ltd v. K.V.Raman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2024

CORAM:

THE HONOURABLE MRS.JUSTICE R.HEMALATHA Review Application No.156 of 2021 and C.M.P.No.17636 of 2021 United India Insurance Company Ltd., 31-A, Salem Main Road, Padusampalli, Raman Nagar Post, Mettur Dam, Salem District.

... Appellant vs.

1. K.V.Raman

2. K.V.Haridarsini

3. M.Palaniammal ... Respondents PRAYER: Review Application filed under Order 47 Rule 1 read with 114 of Civil Procedure Code, 1908, to review the Judgement passed in C.M.A.No.1132/2006, dated 03.09.2019.

For Appellant : Mr.C.Paranthaman For Respondents : Mr.N.Manokaran

ORDER

The Review application is filed seeking to rectify the calculation error which crept in while computing compensation in C.M.A.No.1132/2006.

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2. The claimants had filed C.M.A.No.1132/2006, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, I Additional District Court, Erode in M.C.O.P.1323/2002. The Tribunal had awarded compensation of Rs.12,66,680/- together with interest at 7.5% per annum from the date of claim petition till the date of realisation.

3. In the Civil Miscellaneous Appeal, this Court fixed the notional income of the deceased as Rs.23,420/-, 40% was added towards future prospects and 50% was deducted towards personal expenses. However, while calculating the same, an error had crept in. The correct calculation is shown as follows:

Calculation :

Notional Income = Rs.23,420/- after adding 40% Future Prospects = Rs.32,788/- After 1/2 deduction = Rs.16,394/- Loss of dependency :

= Rs.16,394/- x 12 x 17 = Rs.33,44,376/- 2/5

In addition to that Rs.40,000/-, Rs.15,000/- and Rs.15,000/- were awarded towards Loss of Consortium, Loss of Estate and Funeral Expenses respectively as per the decision in National Insurance Co. vs Pranay sethi and others (cited supra). Thus, the claimants are entitled to a total compensation of Rs.34,14,376 (33,44,376 + 40,000 + 15,000 + 15,000= 34,14,376) as shown in the following tabular column: S.No.

Head Amount granted by this court 1.

Loss of dependency Rs.33,44,376/- 2.

Loss of consortium Rs.40,000/- 3.

Funeral expenses Rs.15,000/- 4.

Loss of Estate Rs.15,000/- Total Rs.34,14,376/-

4. In the result, i. The Review Application is allowed. No costs. Consequently, connected miscellaneous petition is closed.

ii. Registry is directed to rectify the error which crept in the Judgment dated 03.09.2019 in C.MA.No.1132/2006 and issue fresh order copy.

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iii. Thus the correct compensation awarded is Rs.34,14,376/- and not Rs.43,69,912/-.

iv. The other terms and conditions remain the same. 09.09.2024 Index : Yes/No Speaking/Non-speaking order vum To 1.The Motor Accident Claims Tribunal, I Additional District Court, Erode.

2.The Section Officer, VR Section, Madras High Court, Chennai.

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R.HEMALATHA, J.

vum Review Application No.156 of 2021 and C.M.P.No.17636 of 2021 09.09.2024 5/5