IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2007
CORAM:
THE HONOURABLE MR.JUSTICE P.D.DINAKARAN
and
THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN
C.M.A.No.329 of 2007
National Insurance Co. Ltd.
No.33, Puromenadu Road
Cantonment, Trichy. ..Appellant
versus
1. Mozhi Arasi
2. Minor Gokul Kannan
3. Minor Sacheendra Nagul
(Minors represented by their next
friend, mother Mozhi Arasi)
4. Managing Director
M/s.K.P.N. Travels India Limited
No.753, Kalyanagiri
Udayagiri, Mysore.
5. Annamalai Gounder .. Respondents
-----
PRAYER: Civil Miscellaneous Appeal filed under Section 173
of the Motor Vehicles Act, 1988, against the judgment and
decree dated 13.3.2006 made in M.A.C.T.O.P.No.682 of 2004 on
the file of the Motor Accidents Claims Tribunal (Additional
District Judge), Dharmapuri.
For appellant : Mr.S.Vadivel
For respondents-1 to 3 : Mr.M.Selvam
-----
JUDGMENT
(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.)
This appeal is preferred by the Insurance Company
against the order of the Tribunal dated 13.3.2006 in
M.A.C.T.O.P.No.682 of 2004, challenging the award of
Rs.24,44,530/-.
2. It is seen from the order of the Tribunal that the
accident occurred on 20.11.2003 at 5.45 a.m. resulting in
the death of one Annamalai. The claimants were the wife,
children and the parent of the deceased. They made a
petition claiming compensation for a sum of Rs.30 lakhs.
Based on the evidence adduced by the deceased himself just a
few hours before his death, marked as Ex.A1, the Tribunal
came to the conclusion that the accident was caused by the
rash and negligent driving of the driver of the vehicle
belonging to the fourth respondent herein, insured with the
appellant herein.
3. On the question of compensation, the Tribunal noted
that at the time of the accident, the deceased was 40 years
old and he was an earning member. It noted that the
deceased was working as Senior Assistant Engineer in the
Tamil Nadu State Transport Corporation. The Tribunal
assessed the monthly income of the deceased at Rs.11,483/-.
Taking the note of the possibility of his further
promotion, the deceased would have continued in his
service for another 18 years but for his untimely death, the
Tribunal determined the contribution at Rs.10,000/-, taking
the probable earnings at Rs.15,000/- per month. Applying
the multiplier at 18, the Tribunal arrived at the
contribution at Rs.21,60,000/-. The Tribunal further held
that the deceased earned bonus of a sum of Rs.8,348/-. The
Tribunal arrived at the bonus at Rs.1,53,000/- for the
balance of 18 years’ service, thus the total contribution
was arrived at Rs.23,13,000/-. Apart from this, the
Tribunal noted that the deceased died in the hospital after
taking treatment for two days, thereby incurred medical
expenses at Rs.66,530/-. These expenses were supported by
Ex.A14. After the demise of the deceased, the body was
brought from Bangalore to the native place. In the
circumstances, apart from awarding Rs.66,530/- towards
medical expenses, a sum of Rs.10,000/- towards
transportation charges and a sum of Rs.5,000/- towards
funeral expenses were granted. A sum of Rs.10,000/- was
granted towards loss of consortium. Towards loss of love
and affection, a sum of Rs.10,000/- was granted to the wife
and Rs.10,000/- each to the two minor children were granted,
totalling to Rs.30,000/-. For the loss of love and
affection, the fifth respondent, the parent, was granted a
sum of Rs.10,000/-. Thus, a total sum of Rs.24,44,530/- was
granted towards compensation. The Tribunal also granted
interest at 7.5% per annum on the compensation granted from
the date of the claim petition till the date of payment.
4. Aggrieved of this, the Insurance Company has come on
appeal, contending that the accident was a head-on
collision. Quite apart from this, the appellant also
contended that fixing the income at Rs.15,000/- per month is
contrary to Ex.A21.
5. On notice to the other side and on hearing both
sides, the parties herein agreed for a re-working of the
compensation. Accordingly, taking the contribution at
Rs.10,000/- per month and applying the multiplier of 16, the
contribution payable works out to Rs.19,20,000/-. Apart
from this, the medical expenses granted at Rs.66,530/- and
the transportation charges granted at Rs.10,000/- are
confirmed. The compensation awarded towards funeral expenses
is increased to Rs.10,000/-. So too, on the question of
loss of consortium, the compensation payable is hereby
enhanced to Rs.50,000/- and the compensation to the children
towards loss of love and affection is enhanced to Rs.25,000/-
each, totalling to Rs.50,000/- and Rs.25,000/- to the wife
towards loss of love and affection, as against Rs.10,000/-
awarded to each one of them. Consequently, as agreed, the
compensation stands re-worked as follows:
Pecuniary loss
(Rs.10,000/- X 12 X 16) : Rs. 19,20,000/-
Medical expenses : Rs. 66,530/-
Funeral expenses : Rs. 10,000/-
Transportation charges : Rs. 10,000/-
Loss of consortium : Rs. 50,000/-
Loss of love and affection to the minor
children (Rs.25,000 X 2) : Rs. 50,000/-
Loss of love and affection
to the wife : Rs. 25,000/-
Loss of love and affection
to the parent : Rs. 10,000/-
~~~~~~~~~~~~~~~~~~~~
Total : Rs.21,41,530/-
~~~~~~~~~~~~~~~~~~~~
The interest payable on the said compensation shall be
at 7.5% per annum. The appeal is allowed in part and the
order of the Tribunal is set aside as stated above, re-
fixing the compensation at Rs.21,41,530/-. Connected
M.P.No.1 of 2007 is closed. There will, however, be no
order as to costs.
ksv
To:
The Additional District Judge
Motor Accidents Claims Tribunal
Dharmapuri.