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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.J.NISHA BANU, Mr.R.SAKTHIVEL, JJ
IFFCO-TOKIO General Insurance Co. Ltd. – Appellant
Versus
G. Poornima – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
Feeling aggrieved by the Award dated April 26, 2022 passed in M.C.O.P. No.1522 of 2016 on the file of the 'Motor Accident Claims Tribunal (Special Subordinate Court) at Cuddalore' (in short 'Tribunal'), the 4th respondent therein / Insurance Company has preferred this Civil Miscellaneous Appeal.
2. For the sake of convenience, the parties herein are referred to as per their array in the Original Petition.
PETITIONERS’ CASE
3. On January 10, 2016 at about 02.30 a.m., the deceased – Ravi was driving a car bearing Registration No.TN-22-CH-9267 on Chennai-Trichy National Highways near Chepauk Komugi Bridge. At that time, a lorry bearing Registration No.TN-34-D-3677, driven by its driver in a rash and negligent manner, dashed against the said car. Consequently, the deceased - Ravi (and a front co-passenger, namely S.Ramanarayanan who is none other than the son of the owner of the car / first respondent) passed away. According to the petitioners, who are the wife, minor daughter and parents of the deceased, at the time of accident, the deceased was a 27 years old Pandit earning a sum of Rs.50,000/- per month. Before the Tribunal, owner and insurer of the said car,
The court affirmed that the burden of proof for negligence lies with the party alleging it, and modified the compensation awarded by the Tribunal to ensure it reflects the deceased's financial contri....
The court affirmed the Tribunal's finding of negligence on the lorry driver's part and adjusted the deceased's notional income, resulting in enhanced compensation of Rs.20,56,058.
The insurance company failed to prove negligence on the car driver's part; the lorry driver was found responsible for the accident. Compensation of Rs.6,04,830 was deemed just and reasonable.
The court established that the FIR does not solely determine negligence, and the multiplier method is appropriate for calculating compensation based on functional disability.
The insurance company remains liable for compensation even when the deceased's negligence is alleged, unless proven otherwise through admissible evidence.
The court enhanced the compensation for death in a motor accident, establishing the deceased's notional income and confirming the negligence of the Lorry driver.
The main legal point established in the judgment is the determination of liability and quantum of compensation under the Motor Vehicle Act, 1988.
Contributory negligence must be proven and cannot be inferred; the deceased was not negligent, leading to a modified compensation of Rs.23,61,250.
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