Judgment:
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:
02. 04.2013 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM C.M.A.No.2403 of 2008 and M.P.Nos.1 of 2008 & 2 of 2010 M/s.National Insurance Co. Ltd., 751, Anna Salai, III Floor, Chennai-2. ... Appellant Vs. 1.C.Periyamadathi 2.R.Pachiyamma 3.D.S.Viswanathan ... Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act against the judgment and decree dated 28.05.2007 made in M.C.O.P.No.3491 of 2002 on the file of the Motor Accidents Claims Tribunal, Fast Track Court-I, Chennai. For Appellant : Mr.S.Arun Kumar For Respondents : Mr.A.A.Venkatesan (R1 & R2)
This Civil Miscellaneous Appeal arises against the judgment and decree passed by the Motor Accidents Claims Tribunal, Fast Track Court-I, Chennai, in M.C.O.P.No.3491 of 2002 on 28.05.2007. 2.The Insurance Company is the appellant. The respondents 1 & 2 have preferred a claim in M.C.O.P.No.3491 of 2002 seeking compensation in respect of the death of the husband of first respondent and father of the second respondent. On 29.04.2002, at about 21.30 hours, when the deceased was crossing the road, a lorry bearing Registration not TMK 1020.driven in a rash and negligent manner, dashed against the deceased, resulting in his death. The claimants raised a claim for compensation in a sum of Rs.10,00,000/-. 3.Before the tribunal, on the side of the appellant/Insurance Company, 4 witnesses were examined and 6 documents were marked. On the side of the claimants, 2 witnesses were examined and 6 exhibits were marked. 4.On appreciation of the materials before it, the Tribunal awarded compensation as follows: (a)Loss of Dependency : Rs.6,24,000/- (b)Loss of consortium : Rs. 5,000/- (c)Funeral expenses : Rs. 2,000/- ----------------- Rs.6,31,000/- ----------------- The said sum of Rs.6,31,000/- was directed to be paid together with interest at 7.5% per annum from the date of petition till the date of deposit. 5.The only contention raised by learned counsel for the appellant is that the tribunal fell into error in fixing the monthly income of the deceased at Rs.6,000/- per month in the absence of any specific proof. 6.Heard learned counsel for the claimants on the above submission. 7.As the accident was of the year 2002, this Court is of the view that it would be appropriate to fix the monthly earning of the deceased at Rs.4,500/- in the absence of any specific proof. Accordingly, the compensation towards loss of dependency would be Rs.4,68,000/- ((4,500 1,500)*12*13). This Court finds justified the award under the other heads. 8.In the result, the Civil Miscellaneous Appeal is allowed. The compensation awarded by the Tribunal is reduced from Rs.6,31,000/- to Rs.4,75,000/-. The appellant insurance company is directed to deposit the modified award amount with interest less that already deposited within a period of six weeks from the date of receipt of a copy of this judgment. The respondents 1 & 2/claimants are entitled to withdraw their respective shares on due application and as apportioned by the tribunal. No costs. Consequently, the connected miscellaneous petitions are closed. Index :Yes 02.04.2013 Internet :Yes va To The Motor Accidents Claims Tribunal, Fast Track Court-I, Chennai. C.T.SELVAM, J.
va C.M.A.No.2403 of 2008 and M.P.Nos.1 of 2008 & 2 o”
02. 04.2013