THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
C.M.A.NO.554 OF 2015 AND M.P.NOS.1 AND 2 OF 2015 M/s.United India Insurance Co. Ltd., No.50-A, Pallivasal Street, Perambalur. ... Appellant
Versus
1.Tmt. Rani 2.Senthil 3.Suganthi 4.Sethu
5. Radha ... Respondents PRAYER: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 23.04.2013 passed in MCOP No.24 of 2008 by the Motor Accident Claims Tribunal, Subordinate Court, Ariyalur.
For Appellant : Mr.N.Vijayaraghavan For Respondents 1-4: Mr.S.Nagarajan J U D G M E N T (JUDGMENT OF THE COURT WAS MADE BY S.MANIKUMAR, J.) Challenge in this appeal is to the quantum of compensation of Rs.20,14,053/- with interest at the rate of 7.5% and costs awarded to the legal representatives of the deceased in MCOP No.24 of 2008, dated 23.04.2013, on the file of Motor Accident Claims Tribunal, Subordinate Court, Ariyalur, on the only grounds that the Tribunal has erred in not deducting any amount towards the personal and living expenses of the deceased.
2. Considering the limited challenge, there is no need to delve into the other aspects. Compensation awarded under different heads are not disputed.
3. Material on record discloses that there were four dependents. Following the decision in SARLA VERMA (SMT) AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER [2009 (6) SCC 121] the Tribunal ought to have deducted 1/4th towards the personal and living expenses of the deceased.
4. Income of the deceased, as determined by the Tribunal is Rs.17,57,280/-. If 1/4th is deducted towards the personal and living expenses of the deceased, loss of contribution to the family works out to Rs.13,17,960/.
5. As stated supra, compensation awarded under other heads is not disputed. After reworking, respondent nos.1 to 4 / claimants are entitled to compensation of Rs.15,74,733/-, with interest at the rate of 7.5% per annum, from the date of claim, till its realisation and costs, as hereunder:
Loss of contribution to the family - Rs.13,17,960 /- Loss of consortium - Rs. 50,000/-
Loss of love and affection - Rs. 90,000/-
Medical expenses - Rs. 40,000/- Medical expenses (As per Ex.P9) - Rs. 56,773/- Funeral expenses - Rs. 20,000/-
------------------
Total compensation - Rs.15,74,733/-
------------------
6. Entire award amount of Rs.20,14,053 /-, with proportionate interest and costs, as ordered by the Tribunal, is stated to have been deposited, to the credit of M.C.O.P.No.24 of 2008, on the file of Motor Accident Claims Tribunal, Subordinate Court, Ariyalur.
7. 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.
8. In fine, the Civil Miscellaneous Appeal is allowed as indicated above. No costs. Consequently, connected miscellaneous petitions are closed.
[S.M.K., J.] [M.G.R., J.] 09.03.2017
Index : Yes/No Internet : Yes/No
Note : Issue order copy on 21.03.2017 before 01.30 p.m.
TK To The Motor Accident Claims Tribunal Subordinate Court Ariyalur.
S.MANIKUMAR, J.
AND M.GOVINDARAJ, J.
TK C.M.A.NO.554 OF 2015 09.03.2017 http://www.judis.nic.in