Madras High CourtCMA(MD)/915/2022partly allowed

The Branch Manager v. R.Nagalakshmi

2024-03-11Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY C.M.A(MD)No.915 of 2022 and C.M.P(MD)Nos.8920 of 2022 & 11034 of 2023 Cholamandalam MS General Insurance Company Limited, Head Office, L.No.2, 2nd Floor, "Dare House", N.S.C. Bose Road, Chennai - 600 001.

Through its Branch Manager ... Appellant Vs.

1.R.Nagalakshmi 2.R.Velmurugan 3.Latha 4.Chola Insurance Service Pvt. Ltd., Office at Saravana Complex, Axis Bank Opposite, Bodinaickanur, Uthamapalayam Road, Bodinaickanur, Bodinaickanur Taluk, Theni District.

Through its Branch Manager.

5.M.Subburaj 6.Senthilkumar ... Respondents 1/6

PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, praying to set aside the Judgment and Decree passed in M.C.O.P.No.63 of 2019, on the file of the Motor Accident Claims Tribunal, Fast Track Mahila Court, Theni dated 23.10.2021. For Appellant : Mr.K.R.Shivashankari For Respondents 1 to 3 : Mr.K.Hemakarthikeyan For Respondents 4 & 5 : No appearance For Respondent No.6 : Unserved JUDGEMENT The Insurance Company has preferred this appeal to set aside the Judgment and Decree passed in M.C.O.P.No.63 of 2019, on the file of the Motor Accident Claims Tribunal, Fast Track Mahila Court, Theni dated 23.10.2021.

2. It is a case of fatal. The Tribunal has taken notional income of the deceased as Rs.14118/- and for future prospectus of 25%. The contention of the Insurance company is that the deceased was a seller of Garlic and the claimant have not filed any proof to prove the monthly income of the deceased. Hence fixation of Rs.14,000/- as notional income is on the higher side. 2/6

3. Considering the facts of the case, in order to meet the ends of justice, this Court is fixing the notional income of the deceased as Rs.13,500/-. Monthly income is Rs.13,500/- ADD 25% for future prospectus Rs.13,500 + Rs.3,375 = Rs.16,875/- DEDUCT 1/3 personal expenses Rs.11,250/- Since the age of the deceased is 50, the multiplier 13 is to be applied.

Rs.11,250 x12 x 13 = Rs.17,55,000/-

4. The next contention of the Insurance company is that the Tribunal had granted for loss of consortium as Rs.50,000/-, which is on the higher side. This Court is reducing the same and fixing the same as Rs.40,000/-. For Loss of love and affection the Tribunal has granted a sum of Rs.1 Lakh, but the petitioners are entitled to only 40,000/-. Therefore, this Court is granting a sum of Rs.80,000/- for loss of love and affection.

5. To that extent, the award amount granted by the Tribunal is modified and the rest of the award granted under various heads are hereby confirmed.

6. Accordingly, the claimants are entitled for compensation as follows:

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Description Amount awarded by Award confirmed / enhanced / granted No.

Tribunal this Court

1. For Loss of income Rs.18,34,092/- Rs.17,55,000/- reduced

2. For Filial Consortium Rs. 50,000/- Rs. 40,000/- reduced

3. For loss of Love and Affection Rs. 1,00,000/- Rs. 80,000/- reduced

4. For funeral expenses Rs. 15,000/- Rs. 15,000/- confirmed

5. For loss of articles Rs. 15,000/- Rs. 15,000/- Confirmed

6. For transport expenses Rs. 5,000/- Rs. 5,000/- Confirmed Total Rs.20,19,092/- Rs.19,10,000/- From the compensation of Rs.20,19,092/-granted by the Tribunal is reduced and this Court is granting a sum of Rs.19,10,000/-, as compensation.

7. Accordingly, this Civil Miscellaneous Appeal is partly allowed. The claimants are entitled to a sum of Rs.19,10,000/-as compensation with interest at 7.5% p.a., from the date of claim petition till the date of realization along with costs. The Insurance Company is directed to deposit the said compensation amount, within a period of 8 weeks from the date of receipt of a copy of the Order, less the amount, if already deposited. After depositing the amount, the claimants are permitted to withdraw their respective share as apportioned by the Tribunal.

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8. With these modifications, this Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petitions are closed.

11.03.2024 NCC : Yes / No Index : Yes / No Internet :

Yes / No KSA To 1.The Motor Accident Claims Tribunal, Fast Track Mahila Court, Theni.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA Order made in C.M.A(MD)No.915 of 2022 11.03.2024 6/6