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2015 Supreme(Mad) 2844

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.MANIKUMAR AND M. VENUGOPAL, JJ.
National Insurance Co. Ltd. - Appellant
Vs.
R.Vimala - Respondent
C.M.A.Nos.713 to 715 of 2015 and M.P.Nos.1 to 1 of 2015 & M.P.No.2 of 2015
Decided On : 08.09.2015

Advocates:
Advocate Appeared:
For Appellant : Mr. S.Arun Kumar for all the Appeals
For Respondents: Mr. F.Terry Chelliah Raja for M/s. V.Velu.

The main legal point established in the judgment is the determination of compensation in motor accident claims cases, including the calculation of pecuniary loss, loss of love and affection, funeral expenses, and loss of estate. The court also emphasized the legal principles governing the determination of compensation and the assessment of future prospects in cases involving the death of a minor.

Headnote:

Motor Accident Claims Tribunal - Compensation - M.C.O.P.Nos.1205, 1530 & 1307 of 2013 - The court discussed the negligence of the parties involved in the accident, the calculation of compensation, and the legal principles governing the determination of compensation. The court modified the compensation awarded by the Tribunal and directed the Appellant/Insurance Company to deposit the enhanced amount with proportionate interest within a specified period. The Respondents were entitled to receive their share amounts and were permitted to withdraw a portion of the amount while the remaining amount was to be deposited in a nationalized bank for a specified period.

Fact of the Case:

The court analyzed the evidence of the accident and the negligence of the parties involved. It discussed the calculation of compensation and the legal principles governing the determination of compensation. The court modified the compensation awarded by the Tribunal and directed the Appellant/Insurance Company to deposit the enhanced amount with proportionate interest within a specified period. The Respondents were entitled to receive their share amounts and were permitted to withdraw a portion of the amount while the remaining amount was to be deposited in a nationalized bank for a specified period.

Finding of the Court:

The court found that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. It set aside the finding of the Tribunal on contributory negligence and modified the compensation awarded by the Tribunal. The court directed the Appellant/Insurance Company to deposit the enhanced amount with proportionate interest within a specified period. The Respondents were entitled to receive their share amounts and were permitted to withdraw a portion of the amount while the remaining amount was to be deposited in a nationalized bank for a specified period.

Issues: The issues involved the determination of negligence in the accident, calculation of compensation, and the legal principles governing the determination of compensation.

Ratio Decidendi: The court held that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. It set aside the finding of the Tribunal on contributory negligence and modified the compensation awarded by the Tribunal. The court directed the Appellant/Insurance Company to deposit the enhanced amount with proportionate interest within a specified period. The Respondents were entitled to receive their share amounts and were permitted to withdraw a portion of the amount while the remaining amount was to be deposited in a nationalized bank for a specified period.

Final Decision: The Civil Miscellaneous Appeal Nos.713 and 714 of 2015 were allowed, and the Civil Miscellaneous Appeal No.715 was dismissed. The court modified the compensation awarded by the Tribunal and directed the Appellant/Insurance Company to deposit the enhanced amount with proportionate interest within a specified period. The Respondents were entitled to receive their share amounts and were permitted to withdraw a portion of the amount while the remaining amount was to be deposited in a nationalized bank for a specified period.

JUDGMENT

M.VENUGOPAL, J.

The Appellant/Second Respondent/Insurance Company has focused the instant Civil Miscellaneous Appeals as against the award dated 28.03.2014 in M.C.O.P.Nos.1205, 1530 & 1307 of 2013 respectively passed by the Motor Accident Claims Tribunal, Chennai (II Court of Small Causes, Chennai).

2. The Motor Accident Claims Tribunal (II Court of Small Causes, Chennai) in M.C.O.P.No.1205,1530 & 1307 of 2013 respectively (filed by the Respondents 1 to 8 herein as Petitioners/Claimants respectively) on 28.03.2014 passed the common award by allowing the petitions with proportionate costs against the Appellant/Second Respondent/Insurance Company and First Respondent therein by awarding a compensation of Rs.27,47,700/-, Rs.8,64,000/- and Rs.6,30,000/- respectively (including interim awards passed if any) payable with interest at the rate of 7.5% p.a. from the date of petitions i.e., on 17.01.2013 & 23.01.2013 respectively till the date of deposit within two months from this date and to be paid by the Appellant/Second Respondent/Insurance Company on behalf of the First Respondent therein to the Respondents 1 to 8/Petitioners/Claimants. Further, in respect of M.C.O.P.No.1205 of 2013, the Tribunal held that from out of the award amount, the First Respondent/First Petitioner (wife of the deceased) was entitled to receive a sum of Rs.10 lakhs, the Second Respondent/Minor Petitioner was awarded with a sum of Rs.10 lakhs and the Respondents 3 and 4/Petitioners (parents of the deceased) were awarded a sum of Rs.3,37,850/- each. Furthermore, the Tribunal ordered the share amount of the Petitioners 1, 3, 4 were to be deposited in a nationalised bank for a period of three years in cumulative deposit and the share amount of the Second Respondent/Minor Petitioner was directed to be deposited in a nationalised bank in fixed deposit till she attains majority and the mother of the Minor Petitioner viz.,R.Vimala (the First Respondent/First Petitioner) was permitted to withdraw the accrued interest once in three months directly from the Bank etc. Insofar the other petitions are concerned, the Respondents 5 & 6/Petitioners 1 & 2 in M.C.O.P.No.1530 of 2013 and Respondents 7 & 8/ Petitioners in M.C.O.P.No.1307 of 2013 are directed to share the award amounts equally among them and further, directed them to deposit their share amounts in a nationalised Bank for a period of three years in cumulative deposit.

3. According to the Learned counsel for the Appellant/Insurance Company, the award dated 28.03.2014 in M.C.O.P.Nos.1205, 1530 & 1307 of 2013 respectively passed by the Motor Accident Claims Tribunal (II Court of Small Causes, Chennai) are irrational, contrary to Law, weight of evidence and probabilities of the case.

4. The Learned counsel for the Appellant submits that Claims Tribunal having apportioned the negligence on the part of four persons travelling in two wheeler should have held the rider of the two wheeler responsible for the occurrence in toto.

5. Appellant's Contentions raised in CMA.713 of 2015 (arising out the award passed in M.C.O.P.No.1205 of 2013):

i) The main grievance is that the Tribunal had failed to take note of the fact that had the deceased earned Rs.19,500/- per month as mason, if so, P.W.5 would have produced some documentary evidence before the Tribunal in this regard. Unfortunately, there was no evidence in this regard before the Tribunal.

ii) The stand of the Appellant is that the Claims Tribunal ought not to have applied the multiplier of 16 inasmuch as the Respondents 1 to 4/Petitioners had withheld the correct age proof of the deceased such as Voter ID, Ration Card, Driving License etc.

iii) The Learned counsel for the Appellant brings it to the notice of this Court that the Fourth Respondent/Fourth Petitioner had not established his dependency on the deceased and hence, the deduction towards personal expe







































































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