United India Insurance Co. Ltd v. K.Pushpalatha

JUDGMENT [Judgment of the Court was delivered by C.V. KARTHIKEYAN, J] Challenging the award passed by the Tribunal in and by its judgment dated 26.10.2021 passed in M.C.O.P.No.1349 of 2017 on the file of Motor Accident Claims Tribunal (V Additional District Judge), Coimbatore, appellant insurance company has filed the present appeal.

¶2The brief facts of the case is as follows: Respondents 1 to 3 are claimants. The fourth respondent is the driver of the offending vehicle and fifth respondent is the owner of the offending vehicle. On 27.10.2016 at about 10.30 a.m., while the deceased was riding his Motor Cycle bearing Registration No.TN-40-H-7124 on the Keeranatham – Athippalayam Main Road, a Tipper Lorry bearing registration No.TN-99-C-7974, belonging to fifth respondent and insured with the appellant insurance company, came in a rash and negligent manner and dashed against the motor cycle, owing to which the deceased sustained grievous injuries all over the body and he died on the way to hospital. Respondents 1 to 3/claimants filed a claim petition seeking compensation in a sum of Rs.75,00,000/-.

¶3The claim was resisted by appellant insurance company by filing a detailed counter.

¶4To prove their case, on the side of respondents 1 & 3/claimants, 14 witnesses were examined and 35 documents were marked. On the side of appellant insurance company, none were examined and one document was marked. On the side of third party, 46 documents were marked.

¶5On appreciation of materials on record, the Tribunal found that the accident had occurred owing to the rash and negligent driving of the Tipper Lorry belonging to fifth respondent and held that the appellant insurance company, as insurer of the Tipper Lorry, was liable to pay compensation. Accordingly, the Tribunal has awarded a sum of Rs.35,94,800/- as compensation. The said sum was directed to be paid together with interest at

7.5% p.a. from the date of petition till the date of realization. Challenging the same, appellant insurance company has filed the present appeal.

¶6Learned counsel for appellant insurance company submits that though the Tribunal has taken into consideration Ex.X2 - salary certificate pertaining to the month of Oct'2016, which shows that a sum of Rs.32,081/- was credited to the account of the deceased as monthly salary and he was working as Special Teacher, the Tribunal has erroneously fixed his monthly salary at Rs.40,000/-. In the absence of any proof, fixing of monthly income at Rs.40,000/- is very much on the higher side. Learned counsel further submits that the amount awarded under the other heads is also on the higher side and the same requires proper reduction.

¶7Per contra, learned counsel for respondents 1 & 3/claimants made his submissions supporting the award passed by the Tribunal.

¶8This Court has considered the rival submissions. Perused the materials on record.

¶9This Court finds substance in the submission of learned counsel for appellant that no proof was produced by the claimants to establish the income of the deceased as Rs.40,000/-. This Court also finds that Ex.X2-photocopy of the salary particulars pertaining to the month of Oct'2016, shows that a sum of Rs.32,081/-was deposited towards the monthly income of the deceased and the same was also recorded by the Tribunal. Hence, this Court fixes Rs.32,081/-as the monthly income of the deceased and adds 10% towards future prospects since the deceased was aged more than 50 years. Accordingly, the compensation under the head 'loss of dependency' is calculated as follows: Monthly Income : Rs. 32,081/-Add: Future Prospects 10% of Rs.32,081/-: Rs. 3,208/-------------------Rs. 35,289/-Less: Personal expenses : Rs. 11,763/-[35289*1/3] ------------------Rs. 23,526/-

Annual Income [23,526 * 12] : Rs. 2,82,312/- Multiplier x 11 ------------------ Loss of dependency : Rs.31,05,432/- ------------------ This Court finds that no amount was awarded towards filial consortium and hence, a sum of Rs.40,000/- is granted under this Court. The amount awarded under the other heads is justifiable.

¶10Accordingly, the modified compensation would be: Sl. No. Compensation awarded under the head Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.)

¶1Loss of dependency 34,84,800/-31,05,432/-

¶2Spousal Consortium 40,000/-40,000/-

¶3Parental Consortium 40,000/-40,000/-

¶4Filial Consortium -40,000/-

¶5Loss of Estate 15,000/-15,000/-

¶6Funeral expenses 15,000/- 15,000/- Total 35,94,800/- 32,55,432/- In the result, the Civil Miscellaneous Appeal is partly allowed. The compensation of Rs.35,94,800/- awarded by the Tribunal is hereby reduced to Rs.32,55,432/-. Appellant insurance company is directed to deposit the reduced compensation of Rs.32,55,432/- (Rupees Thirty Two Thousand Fifty Five Thousand Four Hundred and Thirty Two only), less the amount already deposited, together with interest at 7.5% p.a. from the date of petition till the date of deposit within a period of six (6) weeks from the date of receipt of this judgment. On such deposit being made by appellant insurance company, respondents 1 to 3/claimants are permitted to withdraw C.V. KARTHIKEYAN

, J

and K.RAJASEKAR

, J

gm their respective shares, as apportioned by Tribunal, along with accrued interest and costs, less the amount, if any already withdrawn by them, by filing necessary application before the Tribunal. No costs. Connected miscellaneous petition is closed. [C.V.K., J] [K.R.S., J]

04.03.2026

Speaking / Non-speaking order

Index: Yes/No NCC:Yes/No gm To The Motor Accident Claims Tribunal (V Additional District Judge), Coimbatore.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.03.2026 CORAM THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.No.18103 of 2022 United India Insurance Co. Ltd., MICRO Office, Pappa Plaza, 1st Floor, 70/8, Mettupalayam Road, Near Tekephone Exchange, Perianaickenpalayam, Coimbatore – 641 020. ... Appellant vs 1.K.Pushpalatha W/o.Late R.Sankaranarayanan 2.S.Anusha D/o.Late R.Sankaranarayanan 3.S.Ramakrishnan F/o.Late R.Sankaranarayanan 4.K.Siva S/o.Kenchathambati 5.T.Muthulakshmi W/o.K.Thangavel ... Respondents Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 26.10.2021 passed in M.C.O.P.No.1349 of 2017 on the file of Motor Accident Claims Tribunal (V Additional District Judge), Coimbatore. For Appellant : Mr.R.Sree Vidhya For Respondents : Mr.K.Mayilsamy [R1 & R3] Not ready in notice [R2 & R4] No appearance [R5] *****