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MADURAI BENCH OF MADRAS HIGH COURT
ARUNA JAGADEESAN, J
ICICI Lombard General Insurance Company Limited, by its Manager Mumbai
Versus
Parvathi & Others
CRP (NPD) (MD) No.1623 of 2012
Decided On: 03-08-2012
HIGH COURT : MADRAS
(Madurai Bench)
S.Vimala J
Sevakkal & anr. v. M.Valarmathi & Ors.
C.M.A.(MD)No.448 of 2012 dtd. 3.8.2012
(A)Motor Vehicles Act, 1988(59 of 1988)-Sec.140, 163, 166-Motor accident-Death-Compensation-Beggar-Married daughter-Legal representative-For the death of a man in a motor accidents, his legal heirs including married daughter claimed compensation-On a finding that the deceased was a beggar, living a wayward life, Rs.50,000 was awarded as compensation for loss of dependency and nothing was given for loss of love and affection etc and also to the married daughter which was challenged by the appellants-While the appellants contended that even if the deceased was a beggar, he could change his mind later and join his family and mere wayward life would not mean that his representatives would not be entitled for love and affection and the married daughter would also be entitled for compensation which pleas were resisted by the respondent-Held, mere living as beggar could not raise a presumption that the deceased would continue his lifestyle permanently in that way-Even married daughter would be entitled for compensation on account of loss of love and affection-Appeal was allowed and compensation was enhanced to Rs.2,00,000.
(B)Motor Vehicles Act, 1988(59 of 1988)-Sec.140, 163, 166-Motor accident-Death-Compensation- Married daughter-Legal representative-Dependent- Under the Motor Vehicles Act, 1988, the legal representative of the deceased would be entitled for compensation on account of love and affection, loss of consortium and funeral expenses and for that purpose, one need not be a dependent, who had been on actual financial dependency upon the earning of the deceased.
Section 166 of the Motor Vehicles Act uses the expression "legal representative" and not dependant. The Motor Vehicles Act, 1988 does not define the expression "legal representative" either in Section 166 or in any of the definitions in Section 2 of the Act. Therefore, the definition of "legal representative" as provided under Section 2(11) of Civil Procedure Code has to be referred to. Thus, a person who in law represents the estate of a deceased person or a person who intermeddles with the estate of the deceased, would be the legal representative of the deceased. It is the status of the claimants as legal representative that counts. The status as dependent may be one of the factor, when a claim is made for loss of dependency. To claim compensation on account of loss of love and affection, loss of consortium and funeral expenses, one need not be a dependent, who had been on actual financial dependency upon the earning of the deceased. The status of the claimants as the legal representatives of the deceased that counts. Therefore, the finding of the Tribunal that the claimants are not entitled for compensation on account of loss of love and affection, loss of consortium and funeral expenses, has no basis. Para 14
(C)Motor Vehicles Act, 1988(59 of 1988)-Sec.140, 163, 166-Motor accident-Death-Compensation-Computation-Beggar-Under the Motor Vehicles Act, 1988, for the death of a person in motor accident, what could have been the loss for the family has to be assessed having regard to the contribution made by the deceased in the past, in praesenti as well as the likely contribution in future.
It is settled law that life of a human being, in a democratic country, cannot be weighed in golden scales. It is not the life in the immediate past, which should be the basis for quantification, but it is the life covering past, present and future, are also to be considered while assessing the loss. What could have been the loss for the family has to be assessed having regard to the contribution made by the deceased in the past, in praesenti as well as the likely contribution in future. The life, after all, rests on hope only. Even assuming that the deceased was living a wayward life, it is quite probable that, if there is a change of mind, any time he would have joined the family.
Para 15
(D)Motor Vehicles Act, 1988(59 of 1988)-Sec.140, 163, 166-Motor accident-Death-Compensation-Married daughter-Legal representative-Under the Motor Vehicles Act, 1988, a married daughter is entitled to claim compensation for the death of her parents in motor accident.
The married daughter, as the legal representative as well as the dependent of the deceased to certain extent, would be depending upon the income of her father. The emotional dependency, psychological dependency and other dependencies, cannot be said to be nullified immediately after the marriage. Therefore, the married daughter is also entitled to claim compensation. The services of the father cannot be equated to that of the services rendered by the ATM machine. Para 16
1. This Civil Revision Petition is filed against the order dated 16.6.2012 made in in unnumbered EP.SR.No.2388/ 2012 in MCOP.No.161/2010 by the learned Chief Judicial Magistrate (MACT) Tirunelveli, returning the application.
2. The 1st Respondent herein/claimant suffered injuries in the accident that had occurred on 1.3.2010 at about 21.30 hours in the Tirunelveli-Tiruchendur Main Road, in which the vehicle Honda Motor Cycle belonging to the 2nd Respondent herein was involved, which was insured with Petitioner Insurance Company. The 3rd Respondent herein is the driver of the vehicle. The Tribunal has allowed the claim petition and awarded a sum of Rs.1,06,550/-as total compensation with interest at 7.5 percent p.a. from the date of the claim petition till the date of realization. The Tribunal directed the Petitioner Insurance Company to pay the amount and recover the same from the 1st Respondent by initiating execution proceedings directly. Accordingly, the Petitioner Insurance Company had deposited a total sum of Rs.1,21,534/-in full satisfaction of the award. Therefore, the Petitioner is entitled to realise the amount with subsequent interest at the rate of 7.5 per cent p.a. by initiating execution proceedings. Accordingly, the Petitioner has filed an execution petition before the Tribunal and prayed for issuance of certificate under Section 174 of the Motor Vehicles Act for the amounts of Rs.1,29,543/- to the District Collector, Tirunelveli so as to recover the amounts as arrears of land revenue.
3. Section 174 of the Motor Vehicles Act reads as under:-
"Recovery of money from insurer as arrears of land revenue:-Where any amount is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrears of land revenue."
4. Section 174 of the Motor Vehicles Act says that if any amount is due from any person under an award, the Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector in turn shall proceed to recover the same in the same manner as an arrears of land revenue. From the simple reading of the language of Section 174 of the Act, it is apparently clear that it confers a right upon the person (named under the award by the Tribunal) to recover the amount in terms of the award from a person against whom such an order has been made. The word 'any person' so used in the section would include the owner of the vehicle provided in the award a direction against the owner has been made. Similarly, the words 'the person entitled' would include the Insurance Company provided that a direction in its favour has been made in the award.
5. The learned counsel for the Petitioner drew the attention of this court to the decision of the Allahabad High Court reported in 2009-3-TAC-645-All (Surinder Kaur Vs. MACT/Special Judge, A.C.Act, Bareilly and another) wherein the said position has been made clear after referring to the decisions of the Honourable Supreme Court reported in 2004-4-SCC-766:AIR-2004-SC-3625 (Raichurmatham Prabhakar Rawatmal Dugar) and AIR-1990-SC-689 (Frick India Limited Vs. Union of India).
6. The Tribunal has returned the application stating that the Insurance Company is permitted to recover the award amount with interest and costs from the 1st Respondent by initiating execution proceedings directly and therefore, this petition seeking for issuance of certificate under Section 174 of the Motor Vehicles Act is not maintainable. It is clear from Section 174 of the Act that a right is conferred upon any person including the Insurance Company who is entitled to the amount for getting a certificate under Section 174 of the Motor Vehicles Act provided that a direction in its favour has been made in the award. The same view
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