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2010 Supreme(Mad) 4332
High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R. BANUMATHI & THE HONOURABLE MR. JUSTICE G.M. AKBAR ALI
National Insurance Company Ltd Coimbatore
Versus
Paranthaman & Others
Civil Miscellaneous Appeal Nos. 3102 & 3103 of 2003
Decided On : 01-10-2010
For the Petitioner:S. Arun Kumar, Advocate.
For the Respondents:R1 - R. Singaravelan, R2 - V. Parivallal, Advocate.
The main legal point established in the judgment is the application of the multiplier theory for assessing loss of income and the admissibility of expert opinions under Section 45 of the Evidence Act.
Headnote:
Motor Accident - Compensation - Sections 279, 337, 338 and 304-A IPC - The court discussed the assessment of compensation for the death of a student in a road accident and the injuries sustained by another person, highlighting the application of the multiplier theory, assessment of disability, and the admissibility of expert opinions under Section 45 of the Evidence Act.
Fact of the Case:
The case involved a fatal road accident resulting in the death of a student and injuries to another person. The claimants sought compensation for the loss of their son and the injuries sustained by the other person.
Finding of the Court:
The court found that the accident was due to the rash and negligent driving of the lorry driver. It assessed the compensation for the loss of income, disability, and other related expenses for both the fatal case and the case of injury.
Issues: The main issue was whether the compensation awarded by the Tribunal was just and reasonable.
Ratio Decidendi: The court applied the multiplier theory to assess the loss of income and considered the assessment of disability. It also discussed the admissibility of expert opinions under Section 45 of the Evidence Act.
Final Decision: The compensation awarded by the Tribunal was reduced in both cases, and the Insurance Company was directed to deposit the balance amount with accrued interest.
G.M. AKBAR ALI.J.,
1. C.M.A.No.3103 of 2003 arises out of the award passed in MCOP No.911 of 2002 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Kancheepuram awarding compensation of Rs.26,00,000.00 to the parents for the death of their son Narasimhan in a road accident.
2. C.M.A.No.3102 of 2003 arises out of the award passed in MCOP No.910 of 2002 on the file of Motor Accident Claims Tribunal (Subordinate Judge), Kancheepuram awarding compensation of Rs.25,02,320.00 for the injuries sustained by the 1st respondent/claimant. Since both the appeals arise out of common award and points for determination are one and the same, both the appeals were heard together and shall stand disposed of by this common judgment.
3. On 21.4.1995, at 10.20 p.m, in Thiruvengadasami Road, Coimbatore Town, the injured claimant G.G. Paranthaman and another person by name Prabhuram were travelling in their car. The car was driven by the deceased Narasimhan. When the car was proceeding in Thiruvengadasami road, a lorry bearing Registration No.TN 27 J 5757, belonging to C. Venkatachalapathy, the 3rd respondent, was driven in a rash and negligent manner, came in a high speed and hit against the car. After hitting the car, the lorry dragged the car for some distance and stopped on the road. Narasimhan, who was driving the car, sustained grievous injuries on the forehead, chest and right shoulder, right leg and was profusely bleeding. He became unconscious,. Immediately he was taken to Ramakrishna Hospital at Coimbatore and inspite of medical treatment, Narasimhan succumbed to injuries. The claimant in M.C.O.P.No.2103/2003, Paranthaman sustained head injuries, on the fore head, right shoulder, right leg. He was also in coma stage.
4. Alleging that the accident was due to the rash and negligent driving of the lorry driver, one of the occupants of the car Prabhuram, lodged a complaint at Coimbatore West Police Station and F.I.R was registered in Cr.No.107 of 1995 for offence under Sections 279, 337, 338 and 304-A IPC against the lorry driver. The deceased Narasimhan was a student as well as sportsman. Alleging that the accident was due to rash and negligent driving of the lorry driver, parents of Narasimhan filed MCOP No.911 of 2002 claiming compensation of Rs.30,00,000.00
5. The case of injured claimant Paranthaman is that he sustained grievous injuries and that he became unconscious and he had taken treatment for more than 36 days as inpatient in Ramakrishna Hospital, Coimbatore. Paranthaman was also a second year B.Com student at the time of accident. Alleging that he has sustained 100% disability, the injured claimant had claimed compensation of Rs.30,00,000.00.
6. In MCOP No.911 of 2002, Maninadhan, second claimant-father of the deceased, was examined as P.W.1 and Prabhuram as P.W.3 Shanmugam, auditor was examined as P.W.2. Exs.P.1 to P.34 were marked. No oral and documentary evidence were adduced on the side of the respondents.
7. Upon consideration of oral and documentary evidence, the Tribunal held that the accident was due to rash and negligent driving of the lorry driver. Taking the monthly income of the deceased at Rs.20,000.00 and annual income at Rs.2,40,000/- and deducting one third for personal expenses, Tribunal has taken the loss of dependency at Rs.1,60,000/-. Adopting the multiplier 16 the Tribunal has fixed the loss of income at Rs.25,60,000/- and awarded further compensation under the following heads:
Funeral expenses .... Rs.50,000.00
Loss of love and affection .... Rs.30,000.00
Medical and Transport .... Rs. 5,000.00 charges
The Tribunal has awarded total compensation of Rs.26,00,000.00
8. In MCOP No.910 of 2002, P.W.1 – father of the claimant, P.W.2- Chartered Accountant consultant were examined on behalf of the claimant. Eyewitness Prabhuram was examined as P.W.3. Dr.T.S. Kalkura, Dentist and Dr.S. Gopalan, Neurologist were examined as P.Ws.4 and 5. Based on the evidence, the Tribunal has tak
