The Oriental Insurance v. G. Rajambal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2016 CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM CMA(MD)No.1064 of 2015 and M.P(MD)No.1 of 2015 The Oriental Insurance Company Limited, through its Divisional Manger, Bangur Dharmasala Building, West Veli Street, Madurai District.
... Appellant/2nd Respondent vs.
1)G.Rajambal 2)G.Malathi 3)G.Sasikumar 4)G.Sudhakaran ... Respondents 1 to 4/ Petitioners 1 to 4 5)V.Anbudasan ... 5th Respondent/1st Respondent (5th Respondent remained exparte before the lower court) Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 05.02.2015 made in MCOP.No.1894 of 2012 on the file of the Motor Accident Claims Tribunal cum VI Additional District Judge, Madurai. For Appellant : Mr.K.Bhaskaran For R1 to R4 : Mr.T.Selvakumaran for Mr.S.Vijaya Kumar For R5 : No appearance
JUDGMENT
It is the unfortunate case of fatal accident took place on 24.05.2012 around 08.00 p.m on Melur-Natham main road near Pudhu Sukkampatti, Melur. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal cum VI Additional District Judge, Madurai and the Tribunal considering the facts and the circumstances of the case, awarded Rs.10,60,122/- as total compensation with interest at 7.5% per annum. Challenging the award, the appellant insurance company preferred this appeal, on the ground that the quantum of compensation awarded by the Tribunal is excessive. https://hcservices.ecourts.gov.in/hcservices/
2.Learned counsel for the appellant has contended that the award under certain heads are excessive and requires reduction. 3.Learned counsel for the respondents/claimants opposed this appeal, by stating that the Tribunal considered all the aspects in right way and no reduction is required on the quantum. 4.Considering the facts and the circumstances of the case, this Court is inclined to reduce the compensation awarded under the heads, loss of consortium from Rs.50,000/- to Rs.25,000/- and loss of love and affection from Rs.1,00,000/- to Rs.50,000/-, in view of the fact that the deceased was aged 60 years at the time of accident. In all other respects, the award of the Tribunal is confirmed. Accordingly, the total compensation is fixed at Rs.9,85,122/- as against Rs.10,60,122/- awarded by the Tribunal. 5.
The appellant is directed to deposit Rs.9,85,122/- with 7.5% interest from the date of petition to till the date of deposit, to the credit of the claim petition within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited already. On such deposit, the respondents 1 to 4/claimants are permitted to withdraw their shares in the ratio fixed by the Tribunal, through RTGS, by filing necessary applications before the Tribunal.
In the result, this Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, M.P(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal cum VI Additional District Judge, Madurai.
+1cc to Mr.K.Bhaskaran, Advocate in SR.No.72629 +1cc to Mr.S.Vijayakumar, Advocate in SR.No.72550 CMA(MD)No.1064 of 2015 24.11.2016 nbi CSL/EM-MPA/28.12.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/