THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
C.M.A.NO.917 OF 2015 AND M.P.NO.1 OF 2015 United India Insurance Co. Ltd., K.B.S. Motors Buildings, 36, Katpadi Road, Gandhi Nagar, Vellore - 632 002. ... Appellant
Versus
1.Mani 2.Manju 3.Vinodha 4.Vanitha 5.Prakash 6.Mahesh 7.Ramakrishnan ... Respondents PRAYER: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 18.04.2012 made in MCOP No.146 of 2011 on the file of Motor Accidents Claims Tribunal (Sub Court) Hosur.
For Appellant : Mr.T.Ravichandran For Respondents : Mr.R.Jayakumar 1 to 5 J U D G M E N T (JUDGMENT OF THE COURT WAS MADE BY M.GOVINDARAJ, J.) Challenging the award dated 18.04.2012, passed in MCOP No.146 of 2011, by the Motor Accidents Claims Tribunal (Sub Court) Hosur, the insurance company has come up with the present appeal, against the quantum of compensation awarded.
2. The claimants / respondents 1 to 5, legal representatives of the deceased, have filed claim petition before the Tribunal stating that the deceased was working as a Civil Contractor and have filed Exs.P6 to P10 in proof of his income. The liability is accepted. The appeal arises on a short ground with regard to quantum of compensation. As per the income tax returns, the deceased earned Rs.78,101/-, Rs.96,689/- and Rs.1,13,495/- in the year 2004-2005, 2005-2006 and 2006-2007 respectively. The accident had taken place on 17.05.2011. Therefore, the income tax returns, which is filed prior to the date of accident can be relied on. The latest income tax returns available before the Tribunal for the year 2005-2006 reveals a sum of Rs.1,13,495/- as the annual income of the deceased. But the Tribunal, on a reasonable calculation, has fixed the annual income, for the year 2011, at Rs.2,25,000/- approximately. The fixation of annual income is challenged by the insurance company in this appeal.
3. When there is a public document, which clearly proves the annual income of the deceased, it could not be escalated, without any evidence therefor. The Tribunal has fixed the annual income at Rs.2,25,000/-, without any legal evidence. Therefore, the annual income fixed by the Tribunal needs to be interfered with. The income shall be fixed as per the income tax returns for the year 2006-2007 and accordingly, the annual income is taken as Rs.1,13,495/-, and the calculation is made accordingly.
4. In so far as the award of compensation under the other heads are concerned, the Tribunal has awarded Rs.10,000/- towards loss of consortium to the wife and the same is enhance to Rs.75,000/-. Likewise, for loss of love and affection to the children of the deceased, the Tribunal has awarded a sum of Rs.5,000/- each, which is enhanced to Rs.2,00,000/- at the rate of Rs.50,000/- each. Funeral expenses is enhanced to Rs.25,000/-; Rs.5,000/- is awarded under the head transportation; and Rs.1,000/- is awarded under the head conventional damages. Thus, on reworking, the award amount reduced by Rs.5,29,799/- and the award amount is modified from Rs.23,85,000/- to Rs.18,55,201/-, with proportionate interest.
5. Mr.T.Ravichandran, learned counsel for the insurance company submitted that the entire award amount of Rs.23,85,000/-, with interest and costs, less the statutory deposit, has already been deposited, to the credit of MCOP No.146 of 2011, on the file of Motor Accidents Claims Tribunal (Sub Court) Hosur.
6. Consequent to the reduction in the quantum of compensation, M/s.United India Insurance Company Limited is permitted to seek for refund of the balance amount, from the deposit, with proportionate interest, on making proper application before the Tribunal.
7. In fine, the Civil Miscellaneous Appeal is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.K., J] [M.G.R., J]
14.03.2017
Index : Yes/No Internet : Yes/No TK To The Motor Accident Claims Tribunal (Sub Court) Hosur.
S.MANIKUMAR, J.
AND M.GOVINDARAJ, J.
TK C.M.A.NO.917 OF 2015 14.03.2017