Cholamandalam Ms General v. Sri Vallabha Jesu Natesa Durai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2016 CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM CMA(MD)No.588 of 2011 and M.P(MD)No.1 of 2011 Cholamandalam General Insurance Company Ltd., Through its Branch Manager, Date House, 2nd Floor, N.S.C. Bose Road, Chennai 600 001.
.. Appellant / 3rd Respondent vs.
1)Sri Vallabha Jesu Natesa Durai @ Natesa Durai 2)Pon Prema 3)Minor Padmini Rep. by father and guardian 1st respondent .. Respondents /Petitioners 4)Senthil @ Poomiraj 5)Perumal ..Respondents/Respondents 1&2 Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 13.12.2010 passed in MCOP.No.219 of 2009 on the file of the Motor Accident Claims Tribunal, (Principal Sub Judge), Tenkasi.
For Appellant : Mr.S.Srinivasa Raghavan For R1 to R3 : Mr.Kathan Rajkumar for Mr.T.R.Jeyapalam
JUDGMENT
It is the case of injury caused on account of the accident took place on 09.11.2008 around 02.30 p.m near Keelkadayam Vaarachanthai. The injured filed an application before the Motor Accident Claims Tribunal, (Principal Sub Judge), Tenkasi, and the Tribunal considering the facts and circumstances of the case, awarded Rs.14,90,000/- as total compensation with interest at 7.5% per annum. The present appeal is filed by the appellant/insurance company, challenging the quantum of of compensation awarded by the Tribunal as excessive.
2.Learned counsel for the appellant contended that the deceased was aged 18 years and he was studying first year BCA in
St.Johns College and more specifically, a part time course. This apart, it is stated in the claim application that the deceased was performing a part time job, but it was not established before the Tribunal and therefore, this Court is inclined to consider the notional income fixed by the courts in such cases as Rs.6,000/- per month.
3.Such being the consistent practice prevailing regarding fixation of monthly income, the monthly income fixed by the Tribunal at Rs.10,000/- is excessive and requires reconsideration. Accordingly, by fixing the monthly income at Rs.6,000/- notionally, this Court is inclined to modify the award towards loss of income at Rs.6,48,000/- (Rs.6000x12x18x50/100). Considering the number of dependants, Rs.40,000/- awarded towards loss of love and affection is enhanced to Rs.1,00,000/-. Funeral expenses of Rs.10,000/- is enhanced to Rs.25,000/-. For transportation, a sum of Rs.10,000/- is hereby awarded and Rs.50,000/- is hereby granted towards loss of estate. Accordingly, the total compensation is modified and apportioned as hereunder:- Loss of income = Rs.6,48,000/- Loss of love and affection = Rs.1,00,000/- Funeral expenses = Rs.
25,000/- Transportation = Rs. 10,000/- Loss of estate = Rs. 50,000/- --------------------------- Total = Rs.8,33,000/- (Less) Amount awarded by the Tribunal = Rs.14,90,000/- 4.There shall be a reduction of Rs.6,57,000/- on the quantum. It is represented that the entire award amount with interest had already been deposited to the credit of the claim petition. In view of the reduction on the quantum, the appellant is permitted to withdraw Rs.6,57,000/- with interest. The respondents 1 and 2/claimants are permitted to withdraw their shares with interest, through RTGS, by filing necessary applications before the Tribunal.
The share of the 3rd respondent/minor claimant shall be deposited in a Nationalised Bank in Fixed Deposit, till she attains majority and on attaining majority, it is for her to approach the Tribunal for disbursement of her share, by making necessary application.
In the result, this Civil Miscellaneous Appeal is allowed. No costs. Consequently, M.P(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar
To The Principal Sub Judge Motor Accident Claims Tribunal, Tenkasi.
+1 CC to Mr.S.SRINIVASA RAGHAVAN, Advocate, SR No.78710 +1 CC to Mr.T.R.JEYAPALAM, Advocate, SR No.78343 CMA(MD)No.588 of 2011 01.12.2016 nbi SH/RR-ME:19.01.2017:2P/4C