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National Insurance Company Limited, Thoothukudi & Others v/s M. Rajasundari @ Sindhu & Others


Company & Directors' Information:- NATIONAL INSURANCE COMPANY LIMITED [Active] CIN = U10200WB1906GOI001713

Company & Directors' Information:- SINDHU INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060104

Company & Directors' Information:- NATIONAL CO LTD [Strike Off] CIN = U51909WB1917PLC002781

Company & Directors' Information:- NATIONAL CORPORATION PVT LTD [Not available for efiling] CIN = U51909PB1942PTC000480

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

    C.M.A(MD)Nos. 63, 64, 119 & 120 of 2014 & MP(MD)Nos. 1, 1 of 2014 & CMP(MD)Nos. 570 & 571 of 2018

    Decided On, 17 July 2018

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE K. RAVICHANDRABAABU & THE HONOURABLE MRS. JUSTICE T. KRISHNAVALLI

    For the Appearing Parties: D. Sivaraman, T. Selvakumaran, M.E. Ilango, Advocates.



Judgment Text

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, against the judgment and decree in MCOP No.110 of 2012, dated 31.07.2013 on the file of the Motor Accident Claims Tribunal (II Additional District Court), Thoothukudi.

Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, against the judgment and decree in MCOP No.110 of 2012, dated 31.07.2013 on the file of the Motor Accident Claims Tribunal (II Additional District Court), Thoothukudi.

Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, against the judgment and decree in MCOP No.113 of 2012, dated 31.07.2013 on the file of the Motor Accident Claims Tribunal (II Additional District Court), Thoothukudi.

Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, against the judgment and decree in MCOP No.113 of 2012, dated 31.07.2013 on the file of the Motor Accident Claims Tribunal (II Additional District Court), Thoothukudi.)

Common Judgment:

T. Krishnavalli, J.

1. Since all the Civil Miscellaneous Appeals arise out of a common award, dated 31.07.2013 made in MCOP Nos.110 and 113 of 2012, on the file of the Motor Accident Claims Tribunal (II Additional District Judge), Thoothukudi, they are taken up together for final disposal and disposed of by a common judgment.

2. For the sake of convenience, the parties are referred to according to their litigative status before the Tribunal.

3. CMA(MD)Nos.63 and 119 of 2014 arise out of the award passed in MCOP No.110 of 2012 by the Motor Accident Claims Tribunal (II Additional District Judge), Thoothukudi, dated 31.07.2013, whereas CMA(MD)Nos.64 and 120 of 2014 have been preferred by both the National Insurance Company and the claimants, challenging the award passed in MCOP No.113 of 2012 by the Motor Accident Claims Tribunal (II Additional District Judge), Thoothukudi, dated 31.07.2013.

4. The brief facts of the case are that on 26.12.2011, the deceased Maharajan, his wife Shanthi and daughter Rajasundari were travelling in a Tax Car bearing registration No.TN-45-AL-2984 from Trichy to Chennai. When the Car was nearing the Over-bridge of Thirukoyiloor along Villupuram National Highways Bye-Pass Road at 5.30 am, the driver of the Tax Car drove it in a rash and negligent manner and hit against a lorry bearing registration No.TN- 49-A-8899, which was going in front of the Car. Due to the impact, the left side of the Car was ripped off and Maharajan and his wife Shanthi were sustained multiple injuries and died on the spot, while their daughter Rajasundari has escaped with simple injuries. The claimants, being the daughter and parents of the deceased Maharajan, in MCOP No.110 of 2012, sought compensation of 1,00,00,000/- on the ground that the driver of the Taxi Car was responsible for the accident. The claimant, being the only daughter of the deceased Shanthi, in MCOP No.113 of 2012 has filed the claim petition seeking compensation of Rs.1,10,00,000/- for the death of his mother.

5. The claimants in MCOP No.110 of 2012 have stated that the deceased Maharajan was working as Branch Manager in Indian Bank, Crawford, Trichy and he was getting the salary of Rs.38,835/- per month. The claimant in MCOP No.113 of 2012 has stated that the deceased T.P.Shanthi was working as Higher Grade Assistant in LIC, Unit-I Branch, Trichy and she was getting the salary of Rs.46,732/- per month. A criminal case in Crime No.1142 of 2011 stands registered under Sections 279, 337 and 304(A) IPC by the Villupuram Taluk Police Station against the driver of the Taxi Car in respect of the alleged accident.

6. In the counter filed by the National Insurance Company, they have disputed and denied the averments stated in the claim petitions. However, the Tribunal, upon consideration of the evidence adduced by the parties, held that the accident occurred due to the negligence of the driver of the Taxi Car and awarded compensation of Rs.50,04,669/- in respect of MCOP No.110 of 2012 and Rs.59,77,648/- in respect of MCOP No.113 of 2012. Aggrieved over the common judgment and decree, both the National Insurance Company and the claimants have come before this court.

7. Heard both sides and perused the materials available on record.

8. The learned counsel appearing for the National Insurance Company submitted that they have prefrerred appeals in CMA(MD)Nos.63 and 64 of 2014 only challenging the quanutm and they have not disputed the other findings of the tribunal.

9. With regard to quantum in respect of MCOP No.110 of 2012, the first claimant, being the daughter of the deceased Maharajan, as PW1 deposed in her evidence that at the time of accident, her father Maharajan was aged about 49 years and was working as Cashier in Indian Bank, Crawford, Trichy and was drawing a monthly salary of Rs.38,835/-.

10. A perusal of Ex.P3 Legal-heir Certificate of the deceased Maharajan would show that the claimants in MCOP No.110 of 2012 are the legal heirs of the deceased and also dependents. Further perusal of Exs.P14 and P15, the salary slip and salary certificate of the deceased would show that the deceased was drawing a monthly salary of Rs.38,835/- at the time of the accident. Hence, the Tribunal has rightly fixed the monthly income of the deceased at Rs.38,835/- and by adding 30% towards future prospects, calculated the monthly income at Rs.50,485/- (Rs.38,835/- + Rs.11,650/-) and by applying multiplier 13, the annual income of the deceased is arrived at Rs.78,75,660/-. After deducting 1/3rd towards his personal exepenses, the loss of dependency is arrived at Rs.52,50,440/- (Rs.78,75,660/- -- Rs.26,25,220/-) and after deducting 10% towards income tax, Rs.47,25,396/- (Rs.52,50,440/- - Rs.5,25,044/-) is calculated towards loss of contribution to the family. As per the decision in Pranay Sethi, this Court awards Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. In total, the claimants in MCOP No.110 of 2012 would be entitled for Rs.47,55,396/- (rounded off to Rs.47,55,000/-) together with interest @ 7.5% p.a.

11. With regard to quantum in respect of MCOP No.113 of 2012, the claimant, being the only daughter of the deceased T.S.Shanthi as PW1 deposed in her evidence that at the time of the accident, her mother was aged about 48 years and was working as Higher Grade Assistant in LIC, Branch I, Trichy and was drawing a monthly salary of Rs.46,732/-. A perusal of Ex.P12 Legal heir Certificate of the deceased Shanthi, the claimant in MCOP No.113 of 2012 is the only legal heir and also dependent of the deceased. Further perusal of Exs.P16 and P17, the salary slip and salary certificate of the deceased, it is seen that she was drawing a monthly salary of Rs.46,732/- at the time of the accident. Hence, the Tribunal has rightly taken the monthly income at Rs.46,732/- and by adding 30% towards future prospects, calculated the monthly income at Rs.60,752/- (Rs.46,732/- + Rs.14,020/- ) and by applying multiplier 13, the annual income of the deceased is arrived at Rs.94,77,312/- (Rs.60,752/- x 12 x 13). After deducting 1/3rd towards her personal exepenses, the loss of dependency is arrived at Rs.63,18,208/- (Rs.94,77,312/- - Rs.31,59,104/-) and after deducting 10% towards income tax, the loss of contribution to the family is calculated to Rs.56,86,388/- (Rs.63,18,208/- - Rs.6,31,820/-). As per the decision in Pranay Sethi, this Court awards Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. In total, the claimant in MCOP No.113 of 2012 would be entitled to Rs.57,16,388/- (rounded off to Rs.57,16,000/-) together with interest @ 7.5% p.a.

12. In the result, CMA(MD)Nos.63 and 64 of 2014 are partly allowed. The award made in MCOP No.110 of 2012 is reduced to Rs.47,55,000/- from Rs.50,04,669/-. The award made in MCOP No.113 is reduced to Rs.57,16,000/- from Rs.59,77,648/-. The interest @ 7.5% p.a awarded by the tribunal in both the cases is maintained. The Nati

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onal Insurance Company is directed to deposit the modified award amount, less the amount already deposited, within a period of eight weeks from the date of receipt of the judgment copy. On such deposit, with regard to MCOP No.110 of 2012, the first claimant is entitled to withdraw Rs.27,55,000/- and the claimants 2 and 3 are each entitled to withdraw Rs.10,00,000/- together with accrued interest and costs without filing any formal petition before the tribunal. In respect of MCOP No.113 of 2013, the claimant is entitled to withdraw the entire modified award amount of Rs.57,16,000/- with accrued interest and costs without filing any formal petition before the tribunal. 13. In view of the orders passed in CMA(MD)Nos.63 and 64 of 2014, the appeals filed in CMA(MD)Nos.119 and 120 of 2014 by the claimants are dismissed. No costs. Consequently, connected Miscellaneous Petition are closed.
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