THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Civil Miscellaneous Appeal No.3451 of 2014 and
M.P.No.1 of 2014
M/s.Royal Sundaram Alliance Insurance Co. Ltd., No.6, Lattice Bridge Road, Adyar, Chennai – 600 020. .. Appellant Vs 1.R.Malathi 2.R.Oviya Arasu (Minor) 3.R.Thamizharasu (Minor) 4.T.S.Ravi .. Respondents Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.6000 of 2012 dated 10.04.2014 on the file of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.
For Appellant : Mr.N.Vijayaraghavan For Respondents : Mr.K.Varadha Kamaraj for Mr.V.M.Abdul Majeed [R1 to R3] No appearance [R4] *****
J U D G M E N T
[Judgment of the Court was made by C.T.SELVAM, J.] This Civil Miscellaneous Appeal arises against the judgment and decree of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, passed in M.C.O.P.No.6000 of 2012 dated 10.04.2014.
2. Appellant is the Insurance Company. Respondents 1 to 3 are legal heirs of one Ramesh, who died owing to an accident involving a bus bearing registration No.TN-21-AE-0667 and the motor cycle being driven by deceased, on 12.10.2012 at about 17.00 hours. Fourth respondent is the owner of the bus.
3. Before the Tribunal, on the side of respondents 1 to 3/claimants, 2 witnesses were examined and the following exhibits were marked:
(1) Ex.P1 : Copy of FIR in Crime No.193/2012 registered at Arcot Gramiya Police Station
(2) Ex.P2 : Copy of Postmortem Certificate
(3) Ex.P3 : Death Certificate
(4) Ex.P4 : Legal Heir Certificate
(5) Ex.P5 : Copy of Voter Identity Card of the deceased
(6) Ex.P6 : Copy of Ration Card
(7) Ex.P7 : Bank Pass Book Copy
(8) Ex.P8 : Statement showing amount of coolie On the side of appellant insurance company, 1 witness was examined and no exhibits were marked.
4. On appreciation of materials before it, Tribunal on the reasoning that the evidence of PW-2, an eye witness to the occurrence, confirmed the contents of the petition as also that found in the First Information Report and that the driver of the bus had, in cross, admitted that he was suspended from service and his driving license was also temporarily cancelled, found that the death has occurred owing to the rash and negligent driving of the bus. To prove the avocation of the deceased, respondents 1 to 3 have marked Ex.P7 – copy of Bank Pass Book and Ex.P8 – statement issued by Rajsree Sugars and Chemicals Ltd. informing the salary details of deceased and based on such documents, Tribunal has fixed the monthly income of the deceased at Rs.8,000/-. Following the judgment in Reshma Kumari and other v. Madan Mohan and another [2013 (1) TNMAC 481 (SC)] and considering the age of the deceased and future prospects, Tribunal has added 30% to the income towards arriving at pecuniary loss. Following the rationale of the judgment of the Honourable Apex Court in Sarla Verma and others v. Delhi Transport Corporation and another [2009 (2) TN MAC 1 (SC)], the Tribunal taking into consideration the fact that the dependents of the deceased were three in number, deducted 1/3rd from his earning and applied the multiplier of 14, given the fact that the age of the deceased was informed to be 42 in the claim petition as also other records. This Court also finds that a reasonable sum of Rs.1,00,000/- stands awarded for loss of consortium, a sum of Rs.50,000/- each towards loss of love and affection and a sum of Rs.50,000/-
towards loss of estate and further, a sum of Rs.25,000/- for funeral expenses. The total compensation awarded amounts to Rs.14,90,000/-. Appellant Insurance Company was directed to pay the said sum together with interest at 7.5% p.a. from the date of claim petition till the date of payment. The Tribunal has also directed due apportionment of the compensation amount between the claimants inter alia directing the deposit in a nationalised bank, the sums payable to first respondent for a period of 3 years and the sums payable to minors till they attain majority. This Court finds no reason to interfere with the award under challenge.
5. In the result, this Civil Miscellaneous Appeal is dismissed and the judgment and decree of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, passed in M.C.O.P.No.6000 of 2012 dated 10.04.2014 is confirmed. No costs. Connected miscellaneous petition is closed.
Appellant Insurance Company is directed to deposit the entire amount awarded less that already deposited within a period of eight weeks from the date of receipt of this judgment. First respondent is at liberty to withdraw his share on due application. The share of respondents 2 and 3/minors shall be deposited in a nationalised bank till they attain majority and the first respondent/mother is entitled to withdraw interest thereon once in three months towards meeting the needs of the minors. Upon turning 18, minor claimants are entitled to withdraw their respective shares.
Index:yes/no Internet:yes gm To The Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.
[C.T.S., J] [M.V.M., J] 03.10.2017
C.T.SELVAM, J
and M.V.MURALIDARAN, J
gm
Civil Miscellaneous Appeal No.3451 of 2014
03.10.2017