IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

C.M.A.NO.1062 of 2009

and

M.P.No.1/2009

M/s. United India Insurance & Co.Ltd.,

53, A.KT.Complex, Katcherry Road,

Kallakuruchi Town and Taluk

...Appellant

Vs

1. Maruthai

2. Azhagammal(Died)

3. Kandasamy

4. MGP Marketing Centre,

469. Mahalakshmi Complex,

Annapuranam, Salem.

...Respondents

(R2 -Died. R1 & R3 LRs of the deceased

R2 as per memo dated 11/9/2018 & vide

court order dated 11.09.2018)

Prayer: Civil Miscellaneous Appeal filed under Section 173

of the Motor Vehicles Act, 1988 against the Judgment and Decree

dated 29.7.2005 made in MACTOP.NO.162 of 2005 on the file of

the Motor Accident Claims Tribunal, (Fast Track Court),

Kallakuruchi.

For Appellant : Mr. S.Ramalingam

For Respondents : R1, R3 and R4 served-

No appearance, R2 – died

JUDGMENT

A memo dated 23.08.2018 has been filed by the appellant

stating that the 2^nd respondent being the mother of the deceased

died leaving behind the 1^st respondent viz., father of the

deceased and 3^rd respondent viz., the brother of the deceased

as legal heirs and legal representatives. The said memo is

recorded and the 1^st and 3^rd respondents are treated as legal

heirs and legal representatives of the deceased 2^nd respondent.

2. The instant appeal has been filed challenging the Award

dated 29.07.2005 passed in MACTOP.No.162 of 2005 by the Motor

Accident Claims Tribunal, Fast Track Court , Kallakurichi.

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

3. The brief facts leading to the filing of the instant

appeal are as follows;

(i) One Pichamuthu died as a result of an accident caused by

a vehicle bearing Registration No.TN-30-E-3620 (Mini Lorry)

owned by the 4^th respondent and insured with the appellant. The

dependants of the deceased who are the respondents 1 to 3 in

this appeal preferred a claim before the Motor Accident Claims

Tribunal in MACTOP.No.162 of 2005 seeking compensation of Rs.5

lakhs.

(ii) The Motor Accident Claims Tribunal, by its Award dated

29.07.2005 passed in MACTOP.No.162 of 2005 directed the

appellant to pay the respondents 1 to 3 , a sum of

Rs.5,47,300/- together with interest at the rate of 9% per

annum from the date of claim till the date of realisation.

(iii) The 2^nd respondent, who is the mother of the deceased

is also dead and the first and third respondents are her legal

heirs and a memo to that effect was also filed before this Court

by the appellant which was taken on file and recorded by this

Court. Accordingly, Maruthai and Kandasami are the present

legal heirs of the deceased.

(iv) Aggrieved by the Award dated 29.07.2005 passed in

MACTOP.No.162 of 2005, the instant appeal has been filed by

the Insurance Company.

4. Heard Mr.S. Ramalingam, learned counsel for the appellant

Insurance Company. Despite service of notice on the respondents

and their names having been printed in the cause list today,

none appears on their side.

5. According to the learned counsel for the appellant, the

tribunal has erroneously fixed the monthly income of the

deceased at the time of the accident at Rs.4,000/- without any

basis. Further the respondents 1 to 3/claimants have also

failed to prove the employment details of the deceased before

the tribunal. Further he would contend that the tribunal has

erroneously applied 17 multiplier while calculating the quantum

of compensation. He would also contend that the interest

awarded by the tribunal at 9% per annum is excessive.

6.This Court, after having considered the materials

available on record and after examining the impugned Award and

after hearing the submissions of the learned counsel for the

appellant, observes the following;

a) In their claim petition, the respondents 1 to 3 have

claimed that th