Reliance General Insurance v. M. Santhi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.M.A.(MD)No.7 of 2016 and C.M.P(MD)Nos.111 and 12367 of 2016 Reliance General Insurance Company Limited, 80 Feet Road, Meenakshi Mission Plaza, Anna Nagar, Madurai District.
... Appellant/ 2nd Respondent Vs.
1.M.Santhi 2.M.Kanimozhi 3.P.Soundar ... Respondents 1 to 3/ Petitioners 1 to 3 4.M.Gopalakrishnan ... 4th Respondent/ 1st Respondent PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 12.03.2015, made in M.C.O.P.No.2059 of 2012, by the Motor Accident Claims Tribunal - cum - VI Additional District Judge, Madurai.
For Appellant : Mrs.K.R.Shiva Shankari for Mr.S.Srinivasa Raghavan For Respondents : Mr.M.Sarangan for R.1
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company against the award of Rs.14,26,500/- (Rupees Fourteen Lakhs Twenty Six Thousand and Five Hundred only) for the death of one M.Ravikumar, aged about 19 years, First Year - B.Sc., (Maths) student, in the accident occurred on 02.05.2012, when he was riding his bicycle on Madurai - Dindigul Main Road in the east-west direction, the bus owned by the fourth respondent herein insured with the appellant-Insurance Company driven in a rash and negligent manner came behind and hit the bicycle causing the accident.
2. Heard Mrs.K.R.Shiva Shankari, learned Counsel appearing on behalf of Mr.S.Srinivasa Raghavan, learned Counsel for the
appellant-Insurance Company and Mr.M.Sarangan, learned Counsel for the respondents 1 to 3/claimants.
3. The only question to be decided is with regard to the quantum of compensation.
4. The deceased student died as a bachelor and therefore, 50% has to be deducted towards his personal expenses. However, the Tribunal taking a sum of Rs.6,000/- (Rupees Six Thousand only) as monthly income and adding Rs.3,000/- (Rupees Three Thousand only) being 50% towards future prospects, determined the monthly income of the deceased at Rs.9,000/- (Rupees Nine Thousand only) and after deducting 1/3rd amount towards his personal expenses and adopting the multiplier '18', determined the loss of income at Rs.12,96,000/- (Rupees Twelve Lakhs and Ninety Six Thousand only) [Rs.6,000/- X 12 X 18].
5. For the death of a bachelor, 50% has to be deducted which is the settled law by the Honourable Supreme Court, whereas the Tribunal deducted 1/3rd amount alone and therefore, the deduction towards personal expenses is enhanced from 1/3rd to 50%. If 50% is deducted from Rs.9,000/- (Rupees Nine Thousand only), the monthly income of the deceased would be Rs.4,500/- (Rupees Four Thousand and Five Hundred only) and by applying the multiplier '18', the loss of income would be Rs.9,72,000/- (Rupees Nine Lakhs and Seventy Two Thousand only) [Rs.4,500/- X 12 X 18].
6. The Tribunal rightly awarded a sum of Rs.1,00,000/- (Rupees One Lakh only) towards loss of love and affection to the respondents 1 to 3/claimants and the same is confirmed.
7. Similarly, the amounts awarded under the other heads, viz., a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards funeral expenses; a sum of Rs.5,000/- (Rupees Five Thousand only) towards transportation charges and a sum of Rs.500/- (Rupees Five Hundred only) towards damage to clothes and articles, are all reasonable and they are confirmed. Accordingly, the respondents 1 to 3/claimants are entitled to the total compensation of Rs.11,02,500/- (Rupees Eleven Lakhs Two Thousand and Five Hundred only).
8. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.
9. In the result, (i) This Civil Miscellaneous Appeal is partly allowed, reducing the award of Rs.14,26,500/- (Rupees Fourteen Lakhs Twenty Six Thousand and Five Hundred only) to a sum of Rs.11,02,500/- (Rupees Eleven Lakhs Two Thousand and Five Hundred only); (ii) The respondents 1 to 3/claimants are entitled to a sum of
Rs.11,02,500/- (Rupees Eleven Lakhs Two Thousand and Five Hundred only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs as per the apportionment made by the Tribunal; (iii) Since the appellant-Insurance Company already deposited 50% of the award amount, the respondents 1 to 3/claimants are permitted to withdraw their respective share from the amount deposited before the Tribunal;
(iv) The appellant-Insurance Company is directed to transfer the balance award amount along with accrued interest and proportionate costs to the respective Personal Savings Bank Account Numbers of the respondents 1 to 3/claimants, less the amount already deposited, if any, through RTGS/NEFT system, after getting the Account Details of the respondents 1 to 3/claimants by the Officials of the appellant-Insurance Company, within a period of four weeks from the date of receipt of a copy of this judgment; and (v) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected civil miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The Motor Accident Claims Tribunal - cum - VI Additional District Judge, Madurai.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1cc to MR.S.Srinivasa Raghavan, Advocate SR.No.2644 rsb sm:sv-msm:30/01/2017:3P/4C C.M.A.(MD)No.7 of 2016 and C.M.P(MD)Nos.111 and 12367 of 2016 11.01.2017