IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2018

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

C.M.A.NO.3882 of 2008

and

M.P.No.1 of 2008

The Branch Manager,

National Insurance Co. Ltd.,

Branch Office,

Post Box No.23,

88-F, Bye Pass Road,

Dharmapuri Town & District. ... Appellant/2^nd Respondent

Vs

1.Selvam

2.Thiagarajan

3.Maruthanayagam

4.Vivega Rani

5.Minor S.Goutham

Represented by his mother S.Saraswathi

... Respondents/ 1^st Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173

of the Motor Vehicles Act, 1988 against the Judgment and

Decree dated 29.11.2007 and made in MACTOP.No.442 of 2006

on the file of the Dharmapuri District Motor Accident

Claims Tribunal at Krishnagiri (Chief Judicial Magistrate

No.2 Court)

For Appellant

: Mr.S.Vadivel

For Respondent No.2 : No appearance

No.1:Set Exparte before tribunal

JUDGMENT

The instant appeal has been filed by the Insurance

Company challenging the Award dated 29.11.2007 passed by

the Motor Accident Claims Tribunal (Chief Judicial

Magistrate No.2 at Krishnagiri) in MACTOP.No.442 of 2006.

The brief facts leading to the filing of the instant appeal

are as follows:

2. One Vellaiyan @ Vellaiya Gounder

died as a result of an accident that took place on

16.07.2005 caused by a bus bearing registration No.TN29-M-

0988 owned by the fifth respondent and insured with the

Appellant. The accident happened due to the rash and

https://hcservices.ecourts.gov.in/hcservices/

negligent driving by the driver of the bus which dashed

against the TVS50-XL moped bearing registration No.TN23-K-

6091, in which the deceased Vellaiyan @ Vellaiya Gounder

was the rider. Vellaiyan @ Vellaiya Gounder succumbed to

the injuries after taking treatment on 28.07.2005. The

dependents of the deceased Vellaiyan @ Vellaiya Gounder,

who are the respondents 1 to 4 in the instant Appeal

preferred a claim before the Motor Accident Claims Tribunal

seeking a compensation of Rs.9,00,000/- for the death of

Vellaiyan @ Vellaiya Gounder. The Motor Accident Claims

Tribunal by its Award dated 29.11.2007 in MACTOP.No.442 of

2006 directed the Appellant to pay the respondents 1 to 4 a

sum of Rs.9,00,000/- together with interest at the rate of

7.5% per annum from the date of claim till the date of

realisation.

3. Aggrieved by the quantum of compensation awarded by

the Tribunal to the respondents 1 to 4, the instant appeal

has been filed by the Insurance Company.

4. Heard Mr.S.Vadivel, learned counsel for the

appellant. There is no representation on the side of the

respondents. Notice sent to the respondents 1 to 4 was

returned with an endorsement “Person not found”. Since the

appeal pertains to the year 2008 and this Court is going to

confirm the Award, there is no necessity to serve notice on

the respondents 1 to 4.

5. According to the learned counsel for the Appellant,

the instant appeal has been filed questioning the quantum

of compensation alone. According to the learned counsel for

the Appellant, the quantum of compensation awarded by the

Tribunal to the claimants is an excessive compensation. The

learned counsel for the Appellant would contend that the

compensation awarded by the Tribunal towards Transportation

charges, Extra Nourishment Charges, Damages to clothing,

Medical Bills, Funeral Expenses, Love and Affection and

Loss of happiness and pecuniary loss is on the higher side.

6. This Court has examined the impugned Award.

7. The deceased Vellaiyan @ Vellaiya Gounder at the

time of the accident, was doing rice and grain business and

in the claim petition filed by the claimants, they had

disclosed that the deceased was earning a monthly income of

Rs.10,000/- at the time of the accident. The Tribunal

assessed the age of the deceased Vellaiyan @ Vellaiya

Gounder under the impugned Award at 54 years at the time