IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.12.2019

Coram

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH

and

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

C.M.A.Nos.1787, 1886 and 1887 of 2018

and C.M.P.No.13760 of 2018

C.M.A.No.1787 of 2018

The New India Assurance Company Ltd.,

Motor Third Party Claims Hub,

No.751, Anna Salai, 3rd Floor,

Chennai - 1.

.. Appellant /2^nd Respondent

vs.

1.Kavitha

2.Balaji (minor)

3.Srimathi (minor)

4.Gowri

...Respondents 1 to 4/Claimants

5.G.Prabhu

..5^th Respondent/1^st Respondent

(minor respondents 2 and 3 are

rep. by their mother and next

friend R1)

C.M.A.No.1886 of 2018

1.A.Kavitha

2.Balaji

3.Srimathi

4.Gowri

(minor appellants 2 and 3 are rep.

by their mother and next friend

first appellant)

.. Appellants /Claimants

vs.

1.G.Prabhu

2.The New India Assurance Company Ltd.,

Motor Third Party Claims Hub,

No.751, Anna Salai, 3rd Floor,

Chennai - 1.

.. Respondents 1&2/Respondents 1&2

1

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

C.M.A.No.1887 of 2018

Kavitha

.. Appellant /Claimant

vs.

1.G.Prabhu

2.The New India Assurance Company Ltd.,

Motor Third Party Claims Hub,

No.751, Anna Salai, 3rd Floor,

Chennai - 1.

.. Respondents/Respondents

Appeals filed under Section 173 of the Motor Vehicles Act,

1988 against the award and decree dated 29.04.2017 made in

M.C.O.P.Nos. 4808 and 4900 of 2015 on the file of the Motor

Accidents Claims Tribunal (II Court of Small Causes), Chennai.

For Appellants :

Mr.R.Neethi Perumal

in C.M.A.No.1787 of 2018

Mr.F.Terry Chellaraja

in C.M.A.Nos.1886 and

1887 of 2018

For Respondents : Mr.F.Terry Chellaraja

for R1 to R4 in C.M.A.No.1787

of 2018

R5 exparte in C.M.A.No.1787

of 2018

Mr.R.Neethiperumal for R2

R1- exparte

in C.M.A.Nos.1886 and

1887 of 2018

COMMON JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

As all the appeals are emanating from the common judgment

rendered in M.C.O.P.Nos.4808 and 4900 of 2015 between the same

parties, they have been taken up together and disposed of by a

common order.

2.For the sake of brevity, the appellant in C.M.A. No.1787

of 2018 has been taken as such as against the respondents

therein for all the cases.

2

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

3.The appellant is the insurer of the lorry bearing Regn.

No.TN 64 H 1977. The deceased was travelling in a vehicle

bearing Regn. No.TN 29 AK 9016 along with respondents 1 to

4/claimants. It is the case of respondents 1 to 4 that the

vehicle insured with the appellant was driven in a rash and

negligent manner and thus responsible for the death of the

deceased and causing injuries on respondents 1 to 4.

4.The Tribunal, while fixing the negligence on the part of

the owner of the vehicle which has been insured with the

appellant, awarded compensation in favour of respondents 1 to

4/claimants. Thus, compensation has been awarded for the death

of the deceased and the injuries sustained by respondents 1 to

4. Challenging the award passed in MCOP No.4808 of 2015,

C.M.A.No.1787 of 2018 has been filed. Seeking enhancement,

respondents 1 to 4 filed C.M.A. No.1886 of 2018 (MCOP No.4808 of

2015). C.M.A. No.1887 of 2018 (MCOP No.4900 of 2015) has been

filed seeking enhancement of the compensation awarded to the

injuries suffered by respondents 1 to 4.

5.Learned counsel appearing for the appellant would submit

that the Tribunal ought not to have fixed Rs.15,000/- as the

income of the deceased when he is only a driver. There are no

sufficient materials to come to the aforesaid conclusion. Higher

amounts have been granted under the conventional heads such as

loss of love and affection, loss of estate, loss of consortium

and funeral expenses. Thus, the appeal in CMA No.1787 of 2018

will have to be allowed to that extent.

6.Learned counsel appearing for respondents 1 to 4 submits

that the Tribunal did take into consideration Exs.P7, P8 and R9.

After ha