C.M.A.(MD).No.421 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.M.A(MD)No.421 of 2020

M/s. Royal Sundaram General Insurance Company Ltd.,

Door No.2/319, Visaranthi Melaram Towers,

Rajiv Gandhi Road, OMR,

Karapakkam,

Chennai – 600 097,

Represented by its Divisional Manager. ..... Appellant/Petitioner

-vs-

1. Palanisamy

2. Latchumi

3. Khan Abdul Khabarkhan

... Respondents/ Respondents

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor

Vehicles Act, 1988, against the fair and decretal order dated 30.10.2019, made

in M.C.O.P.No.485 of 2018 on the file of the Motor Vehicles Accidents

Claims Tribunal, Special District Judge, Thanjavur.

For Appellant

: Mr.M.Jerin Mathew

For Respondents : Mr.G.Karnan – for R1 and R2

: No appearance – for R3

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C.M.A.(MD).No.421 of 2020

J U D G M E N T

The present appeal has been filed by the Insurance Company

challenging the award of the Tribunal in M.C.O.P.No.485 of 2018 on the file

of the Motor Vehicles Accidents Claims Tribunal/Special District Judge,

Thanjavur, primarily on the ground of quantum.

2. According to the claimants, the deceased was aged about 26 years

and he was working as a driver in JCB Poclain and he was drawing a salary of

Rs.25,000/- (Rupees Twenty Five Thousand only) and hence the claimants

have sought for a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) towards

compensation.

3. The claimants have examined the first claimant, who is the father of

the deceased as P.W.1 and one Rajarajan who is the complainant in the FIR as

P.W.2 and one Palraj who is the Manager of the Company, in which, the

deceased was working as P.W.3. The claimants have marked Ex.P4, which is

the driving license of the deceased person and the claimants have also

produced Ex.P.17, which is the Salary Certificate issued by the employer.

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C.M.A.(MD).No.421 of 2020

4. Based upon these documents, the Tribunal, arrived at a finding that

the deceased was earning a sum of Rs.18,000/- (Rupees Eighteen Thousand

only) in which, 40% was added towards future prospectus. Being the

deceased was a bachelor, 50% of the monthly income was deducted and

applying multiplier of “17”. The total compensation was arrived at Rs.

25,70,400/- (Rupees Twenty Five Lakhs Seventy Thousand and Four Hundred

only) towards loss of income. The Tribunal has awarded a sum of Rs.15,000/-

(Rupees Fifteen Thousand only) towards funeral expenses, a sum of Rs.

15,000/- (Rupees Fifteen Thousand only) towards loss of estate, and has

deducted a sum of Rs.5,92,620/- (Rupees Five Lakhs Ninety Two Thousand

Six Hundred and Twenty only) towards income Tax and finally a sum of Rs.

20,07,780/-(Rupees Twenty Lakhs Seven Thousand Seven Hundred and

Eighty only) was awarded as compensation. The award of the said amount

will carry interest at the rate of 7.5% per annum from the date of claim

petition. This award is under challenge in the present appeal.

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C.M.A.(MD).No.421 of 2020

5. According to the learned counsel appearing for the appellant, no

records have been placed before the Tribunal, whether the deceased was

really working as a driver in JCB Poclain. The mere examination of the

Manager of the organization as P.W.3 and marking salary certificate Ex.P.17,

would not prove that the deceased was working as a JCB driver and he was

drawing a salary of Rs.30,000/- (Rupees Thirty Thousand only) as claimed by

the claimants. He further contended that the Tribunal ought not to have taken

into consideration, a sum of Rs.18,000/- (Rupees Eighteen Thousand only)

towards monthly salary, when absolutely there is no proof for the same.

6. Per contra, the learned counsel appearing for the respondents 1 and

2 contended that the Court has taken judiciary notice of