The United India Ins Company Ltd v. Rangasamy @ Rajendran Died 1. R.Subbulakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 5508 OF 2024,CROS.OBJ NO. 3 OF 2025

1. The United India Ins Company Ltd 14/1-77 B Salem Main Road, Puduchampalli, Mettur Dam 636 403 Appellant(s) Vs

1. Rangasamy @ Rajendran Died 1.

R.Subbulakshmi W/O. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt 2.R.Sumathi W/O. Rangasamy, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru

Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt 3.R.Ravichandran @ Ravivandran S/o. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt 4.A.D.Sampath S/O. Thangavel, No.9, Mudhaliyar St, Athiyur Post Bhavani Tk, Erode Dist 5.S.Vijayalakshmi W/O. T.K.V.Shanmugam, 554, Main Road, Bhavani Post, Erode Dist 638 Respondent(s) CROS.OBJ No. 3 of 2025

1. R.Subbulakshmi W/o.Rangasamy @ Rajendran, res at Puliamarathottam, Pethikuttai, Irumparai, Sirumugai Post, Mettupalyam Taluk, Coimbatore District Now res at D.No.35, Nehru Nagar, Backside of Ayyappan Koil, Punjai Puliampatti and Post, Sathyamangalam Taluk, Erode District.

2.R.Sumathy W/o.Ramasamy, res at Puliamarathottam, Pethikuttai, Irumparai, Sirumugai Post, Mettupalyam Taluk, Coimbatore District Now res at D.No.35, Nehru Nagar, Backside of Ayyappan Koil, Punjai Puliampatti and Post, Sathyamangalam Taluk, Erode District.

3.R.Ravichandran S/o.Rangasamy @ Rajendran (Died), res at Puliamarathottam, Pethikuttai, Irumparai, Sirumugai Post, Mettupalyam Taluk, Coimbatore District (Amended as per order in IA No.778/2017, dt. 17.06.2017) Now res at D.No.35, Nehru Nagar, Backside of Ayyappan Koil, Punjai Puliampatti and Post, Sathyamangalam Taluk, Erode District.

Appellant(s) Vs

1. The United India Insurance Co. Ltd.

14-1/77B, Salem Main Road, Puduchampalli, Mettur Dam-636403 2.A.D.Sampath S/o.Thangavel, No.9, Mudaliyar Street, Anthiyur Post, Bhavani Taluk, Erode District 3.S.Vijayalakshmi W/o.T.K.V.Shanmugam, 554, Main

Road, Bhavani Post, Erode District638301 Respondent(s) PRAYER To set aside the Award and Decree Dated 05.10.2017 made in MCOP.No. 360 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam.

CROS.OBJ No. 3 of 2025 PRAYER To set aside negligence and to enhance the award in MCOP No.360/2012 on the file of Motor Accidents Claims Tribunal, Sub Judge, Sathyamangalam For Appellant(s):

C.Paranthaman For Respondent(s):

V/r. M/s. P. Saleem Fathima Rr 1 To 5 COMMON JUDGEMENT CMA No. 556 of 2024 has been filed to set aside the Award and Decree Dated 05.10.2017 made in MCOP.No. 360 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam.

2. Cross Objection No. 3 of 2025 has been filed to set aside negligence and to enhance the award in MCOP No.360/2012 on the file of Motor Accidents

Claims Tribunal, Sub Judge, Sathyamangalam

3. The brief facts of the case:

On 01-07-2012 at about 16.30 Hrs the petitioner was riding his motor cycle TVS XL Super bearing registration number TN-40-E-2587 on Sirumugai to Sathy main road road near Gooddown bridge from South to North direction on the extreme left side of the road at moderate speed. At that time the Tempo bearing registration number TN-36-U 8388 was coming in the opposite direction with high speed and in a rash and negligent manner and without using horn, without observing the road rules and hit against the deceased motor cycle. Due to the ill fated accident the deceased has sustained grevious injuries on the left leg the left leg was amputated, and grevious injuries all over the body.

Immediately after the accident the deceased has been admitted at Government Hospital Mettupalayam and further Treatment at Ramakrishna Hospital Coimbatore and he was died on 19.09.2012. Thereafter, the claimants filed the petition before the tribunal claiming compensation. The Insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs.6,59,447/- as compensation.

appeal and the claimants filed the cross objection.

4. The learned counsel for the Insurance company submits that no post mortem was done by the hospital authorities and charge sheet has not converted into 304 A IPC without which tribunal has erroneously awarded compensation by adopting multiplier method. Further, he submits that the accident happened due to the negligence of the both the deceased and driver of the vehicle therefore, the tribunal ought to have fixed 50:50 contributory negligence but it failed. Hence, he prays to set aside the award passed by the tribunal.

5. The learned counsel for the claimants submit that the tribunal ought to have adopted 11 multiplier instead it adopted 9 multiplier. Hence, he prays to enhance the compensation.

6. On perusal of the records, it clearly shows that the deceased died due to the accident. Hence, the objection raised by the insurance company is unsustainable. Accordingly, the appeal filed by the insurance company in CMA No. 556 of 2024 is dismissed.

7. In respect of cross objection filed by the claimants, this Court is inclined to fix 11 multiplier. Further, the accident was happened in the year 2015. Hence, this Court is inclined to fix Rs.10,000/- as notional income of the deceased. Accordingly, the claimants are entitled to Rs.8,80,000/- {10,000x12x11-(1/3). Further, the tribunal has excessively awarded a sum of Rs. 2,80,000/- under the head of love and affection. Hence, this Court is inclined to reduce award amount from Rs.2,80,000/- to Rs.1,00,000/- under the head of love and affection. Further, this Court inclined to reduce contributory negligence from 25% to 15% on the part of the deceased.

8. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Loss of dependency Rs.3,60,000/- Rs.8,80,000/- 2.

Loss of Income Nil Nil 3.

Medical Expenses Rs.2,14,263/- Rs.2,14,263/- 4.

For love and affection Rs.2,80,000/- Rs.1,00,000/- 5.

Extra Nourishment Nil Nil 6.

Attender charges Nil Nil 7.

Damages to cloths and article Nil Nil 8.

Lost of amenities Nil Nil

S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 9.

Funeral expense Rs.25,000/- Rs.25,000/- Total Rs.8,79,263/- Rs.12,19,263/-

9. After deducting 15% contributory negligence, the claimants are entitled to Rs.10,36,380/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.10,36,380/-. The Insurance Company/appellant is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP.No. 360 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal.

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

16-06-2025 Pbl

To 1.Rangasamy @ Rajendran Died 1.

R.Subbulakshmi W/O. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt 2.R.Sumathi W/O. Rangasamy, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt 3.R.Ravichandran @ Ravivandran S/o. Rangasamy @ Rajendran, Res at, Puliyamarathottam, Pethikuttai Irumparai, Sirumugai Post, Mettupalayam Taluk, Coimbatore District Now Res at D.No.35, Nehru Nagar, Backside Of Ayyappan Koil, Punjai Puliyampatty And Post, Sathyamangalam Tk, Erode Dt

4.A.D.Sampath S/O. Thangavel, No.9, Mudhaliyar St, Athiyur Post Bhavani Tk, Erode Dist 5.S.Vijayalakshmi W/O. T.K.V.Shanmugam, 554, Main Road, Bhavani Post, Erode Dist 638 301.

6. The Section Officer, V.R Section, High Court, Madras.

7. The Motor Accident Claims Tribunal, Sub Judge, Sathyamangalam.

T.V.THAMILSELVI J.

AND CMP NO. 5508 OF 2024,CROS.OBJ NO. 3 OF 2025 16-06-2025