Hdfc Ergo Insurance Company Ltd, v. Elavarasi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA C.M.A.(MD)No.1307 of 2023 and C.M.P.(MD)Nos.17437 of 2023 & 8551 of 2024 HDFC ERGO Insurance Company Limited, Shop Nos.G3 & G4 part, Rearside No.111, Achutha Apartment, Bharathidasan Salai, Cantonment, Trichy - 01.
.... Appellant / 2nd Respondent vs.
1.Elavarasi 2.Minor.Senthil 3.Minor.Santhosh R.2 & R.3 are represented by their natural guardian and next friend Mother Elavarsi 4.Ananthi ... Respondents 1 to 4/ Petitioners 1/8
5.C.Kumar (Died) .... 5th Respondent / 1st Respondent 6.Chinnasamy 7.Kandhaye 8.Manimegalai 9.Minor Vignesh R.9 is represented by his mother and natural guardian / R.8 herein (R.6 to R.9 are brought on record as LRs of the deceased R.5 vide order of this Court dated 21.08.2024 made in C.M.P(MD)Nos.9421, 9422 and 9424 of 2024) ... Respondents PRAYER : Civil Miscellaneous Appeal is filed under Section 173 of M.V.Act 1988, to set aside the decree and judgment in M.C.O.P.No.43 of 2019 dated 05.07.2023 on the file of Motor Accidents Claims Tribunal (Sub Court), Thuraiyur.
For Appellant : Mr.N.Shyllappakalyan For Respondents : Mr.N.Sudhagar Nagaraj
JUDGMENT
This Civil Miscellaneous Appeal is directed against the order dated 05.07.2023 made in M.C.O.P.No.43 of 2019 on the file of Motor Accidents Claims Tribunal (Sub Court), Thuraiyur. 2/8
2.The learned counsel appearing for the appellant / insurance company reiterated all the contentions set out in the grounds of appeal and called upon this Court to set aside the impugned award. He filed the compilation of cases in support of his contentions. 3.Per contra, the learned counsel appearing for the claimants submitted that the impugned award is well reasoned and that it does not call for interference.
4.We carefully considered the rival contentions and went through the evidence on record.
5.On 01.03.2017 at about 07.00 p.m, one Karthick (deceased) was riding a two wheeler from Aathur to Thammampatti. The two wheeler collided with another two wheeler coming from the opposite direction. In the resulting accident, Karthick as well as the pillion rider Mani fell on the ground. Karthick was shifted to Vinayaga Mission High Tech Hospital, Salem. He succumbed to his injuries on 02.03.2017. In this regard, Crime No.45 of 2017 was registered on the file of Thammampatti 3/8
Police Station for the offences under IPC. The wife, two children as well as the mother of the deceased filed MCOP.No.43 of 2019, Motor Accidents Claims Tribunal (Sub Court), Thuraiyur. The wife of the deceased examined herself as PW.1. Ex.P1 to Ex.P17 were marked. On the side of the insurance company, two witnesses were examined. Ex.R1 to Ex.R3 were marked. Through the Court witness, as many as 4 documents were examined. It was established that the first respondent who was the rider of the offending vehicle was not having a driving license.
6.After considering the evidence on record, the Tribunal directed the insurance company to pay compensation of Rs.24,89,200/- (Rupees Twenty Four Lakhs Eighty Nine Thousand and Two Hundred only) with interest. Appropriate apportionment was also done among the claimants. The insurance company was given liberty to pay the said amount and recover the same from the first respondent / owner of the offending vehicle. Questioning this pay and recovery award, this appeal has been filed.
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7.The deceased was aged about 33 years. He was working out his life as sculptor. The Tribunal fixed his monthly income only at Rs. 12,000/- (Rupees Twelve Thousand only). Considering his age, 16 was applied as multiplier. 40% was added towards future prospects. The breakup of the compensation was as follows:
The Motor Accident Claims Tribunal awarded compensation as follows: i) Loss of Income Rs.24,19,200/- ii) Love and Affection Rs. 20,000/- iii) Loss of Consortium (1st Respondent) Rs. 20,000/- iv) Funeral Expenses Rs. 15,000/- v) Transport Expenses Rs. 15,000/- ------------------------ Total Compensation Rs.24,89,200/- ------------------------ 8.We are clearly of the view that the amount awarded by the Tribunal is not at all excessive. The Court below had borne in mind the principles of determination of compensation laid down in leading cases such as National Insurance Company Limited Vs Pranay Sethi (2017
(16) SCC 680) and Sarla Verma & Others Vs Delhi Transport 5/8
Corporation & Another (2009 (6) SCC 121). The deceased was not at all at fault. It was the first respondent in MCOP who was at fault. He was also not having any driving license. Since the offending vehicle has been insured with the appellant, the appellant was obliged to pay the compensation amount and recover the same from the insured. 9.In National Insurance Company Limited Vs Swaran Singh & Others (2004 (3) SCC 297), it was held that the insurance company cannot avoid its liability on the ground that the owner or driver of the insured vehicle was not having a driving license. It was specifically laid down therein that the insurance company has to satisfy the decree at the first instance and thereafter it can recover the award amount from the owner / driver of the insured vehicle.
10.The Tribunal had only passed an award in terms of the aforesaid decision. The approach adopted by the Court below cannot be faulted. Interference with the impugned award is not warranted. 6/8
11.This Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S., J.) & (R.P., J.) 09.12.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To:- The Motor Accidents Claims Tribunal (Sub Court), Thuraiyur.
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G.R.SWAMINATHAN, J.
AND R.POORNIMA, J.
MGA C.M.A.(MD)No.1307 of 2023 09.12.2024 8/8