This Civil Miscellaneous Appeal has been filed by the appellant/United India Insurance Company, to set aside the judgment and decree dated 16.12.2009 in M.C.O.P.No.854 of 2007 on the file of the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.2, Madurai.
2. The brief facts of the case are as follows:
It is the case of fatal accident that took place on 27.09.2006 at about 8.00 p.m. At the time of accident the deceased was working as a clerk in Madurai Sourashtra Co-operative Bank Ltd, Madurai and earning Rs.10,693/-. While the deceased Chandrasekaran was driving his motor cycle bearing registration No.TN-58-F-6761 along with the third claimant, who was a pillion rider, in Madurai-Aruppukkottai Main Road, Near Petchiamman Hotel from the north to south direction, a lorry bearing registration No.TN-74-2737, came from opposite direction was driven by its driver in a rash and negligent manner with high speed without observing traffic rules. When the lorry driver tried to overtake the vehicle in front of the lorry, it dashed against the vehicle of the deceased, due to which the deceased died on the spot. Immediately, the body of the deceased taken to Government Rajaji Hospital, Madurai. The police registered a case in Crime No.621 of 2006 under
Sections 337 and
304(A) I.P.C. The claimants filed a petition in M.C.O.P.No.854 of 2007, on the file of the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.2, Madurai, claiming a sum of Rs.10,00,000/- as compensation.
3. Before the Tribunal, on the side of the claimants, two witnesses viz., P.Ws.1 and 2 were examined and six documents viz., Exs.P.1 to P.6 were marked and on the side of the respondents, neither any witness was examined nor any document was marked.
4.Based on the materials available on record and the documents, the Tribunal has come to the conclusion that the accident has occurred only due to the rash and negligent driving of the driver of the lorry. As the appellant is the insurance company of the respondent, the Tribunal had directed the appellant to pay a sum of Rs.8,50,000/- (Rupees Eight Lakhs and Fifty Thousand Only) as compensation.
5. Challenging the correctness of the award amount, the appellant/United India Insurance Company has filed the present Civil Miscellaneous Appeal.
6. The only contention raised by the learned Counsel for the appellant is with regard to the quantum of compensation. He would submit that the Tribunal has awarded higher amount as compensation for the death of the deceased. The learned Counsel for the appellant would further submit that the interest awarded by Tribunal 9% per annum within two months from the date of receipt of a copy of this order failing which the claimants are entitled to 12% per annum to the awarded amount from that date, is very high. Hence, he seeks interference of this Court to the award passed by the Tribunal.
7.Per contra, the learned counsel appearing for the respondents/claimants submitted that the Tribunal awarded a just and reasonable compensation and the same does not warrant any interference by this Court. Hence, he prays for dismissal of this Civil Miscellaneous Appeal.
8.I have considered the above submissions made on either side and perused the materials available on record carefully.
9.From the materials available on record, it is seen that the deceased was working as sub-staff in Madurai Sourashtra Co-operative Bank Limited, Madurai and was earning Rs.10,693/- per month and he was aged 55 years at the time of accident and salary certificate Ex.P.6 would show that he has been taking home salary as Rs.10,693/- and the post-mortem report would reveal that he was aged 55 years. Based on the above documents, the Tribunal fixed the income of the deceased at Rs.7,500/- per month and adopted the multiplier 9 as the apt multiplier and after deduction 1/3rd of his income towards his personal expenditure, the loss of dependency is taken as Rs.(7500x12x9) Rs.8,10,000/-, towards loss of consortium to the first respondent a sum of Rs.10,000/- is awarded, towards loss of love and affection to the respondents 2 to 5, a sum of Rs.5000/- is awarded, to each of these 4 respondents and towards funeral and other incidental expenses a sum of Rs.10,000/- awarded a sum of Rs.8,50,000/- as compensation to the respondents/claimants and directed the appellant/United India Insurance Company to pay the compensation, which this Court finds as just and reasonable.
10.This Court is of the considered view that earlier 9% interest was found to be reasonable rate of simple interest. Due to the change of economy and policy of the Reserve Bank of India, the rate of interest is reduced and in turn, the Nationalized Banks have reduced the interest rate to the fixed deposits. In view of the above, this Court reduces the rate of interest from 9% to 7.5% on the award amount and the rest of the award amount awarded by the Tribunal is confirmed.
11.In the result, this Civil Miscellaneous Appeal is partly allowed by modifying the interest awarded by the Tribunal from 9%p.a. to 7.5% p.a. and in all other aspects, the award made in M.C.O.P.No.854 of 2007, dated 16.12.2009, on the file of the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.2, Madurai is hereby confirmed. The appellant/Insurance Company is directed to deposit the entire award amount with accrued interest and costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this judgment, less the amount already deposited, if any. Out of the award amount of Rs.8,50,000/- (Rupees Eight lakh fifty thousand only), the wife of the deceased, viz., first respondent herein is entitled to withdraw a sum of Rs.5,50,000/- (Rupees five lakh fifty thousand only) together with proportionate interest and cost. Children of the deceased, viz., second and third respondents herein are entitled to a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) each together with proportionate interest. No Costs. Consequently, the connected Miscellaneous Petition is closed.
To
1.The Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.2, Madurai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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