IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :28-7-2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.Nos.2151 to 2153 of 2008 National Insurance Co.Ltd. Divisional Office, 56, Perundurai Road, Erode-638 011. ... Appellant in all the appeals/2nd Respondent -vs- C.M.A.No.2151 of 2008 1.T.S.Subramanian 2.T.V.Thilagam 3.M.Udayakumar 4.Royal Sundaram Alliance Insurance Co. Ltd., 46, Whites Road, Chennai. 5.M.Palaniammal 6.M.Maheswari 7.M.Bhuvaneswaran 8.Chellappan 9.C.Kulandaial ... Respondents in CMA.2151 of 2008/ Petitioner 1 & 2/Respondents 3 to 9 (Respondents 3,8 and 9 Exparte in Lower court NDW 4th Respondent given up) C.M.A.No.2152 of 2008 1.Minor Prithiviraj rep. By mother and NF A.V.Jayamani 2.M.Udayakumar 3.Royal Sundaram Alliance Insurance Co. Ltd., 46, Whites Road, Chennai. 4.M.Palaniammal 4.M.Maheswari 6.M.Bhuvaneswaran 7.Chellappan 8.C.Kulandaial ... Respondents in CMA.2152 of 2008 (Respondents 2,7 and 8 Exparte in Lower court 3rd Respondent given up) https://hcservices.ecourts.gov.in/hcservices/ C.M.A.No.2153 of 2008 1.Minor T.S.Srinivasan rep. by mother and NF T.S.Subramanian 2.M.Udayakumar 3.Royal Sundaram Alliance Insurance Co. Ltd., 46, Whites Road, Chennai. 4.M.Palaniammal 4.M.Maheswari 6.M.Bhuvaneswaran 7.Chellappan 8.C.Kulandaial ... Respondents in CMA.2153 of 2008 (Respondents 2,7 and 8 Exparte in Lower court 3rd Respondent given up) Civil miscellaneous appeals preferred under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree in M.C.O.P.No.189 to 191 of 2006 dated 28.11.2007 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Erode. For Appellant :Mr.N.Vijayaraghavan /All the Appeals For Respondents :Mr.A.K.Kumarasamy / COMMON JUDGMENT The National Insurance Company Limited has filed the appeals challenging the award passed by the Chief Judicial Magistrate,(Motor Accident Claims Tribunal)Erode in M.C.O.P.No.189 of 2006 dated 28.11.2007. 2. The relevant appeals which have been filed against the orders of the Tribunal are as follows: 1) C.M.A.No.2151 of 2008 against MCOP.No.189 of 2006; 2)C.M.A.No.2152 of 2008 against MCOP.No.190 of 2006; and 3)C.M.A.No.2153 of 2008 against M.C.O.P.No.191 of 2006. 3. Brief facts are common in all these three cases, which are as follows: On 13.2.2004, one Udayakumar was riding a Yamaha motor cycle and the said vehicle collided with another Bullet Motor Cycle bearing registration No.TAE 0531, which came from the opposite direction. The Bullet Motor Vehicle was insured with the appellant. In that accident, both the vehicles burst into flames. As a result, the minor T.V.Venkatraman, aged about 12 years studing in Sri Sathya Sayee Matriculation School, Chithode died and a Minor Prithiviraj aged about 14 years studing in the same school suffered grievous injuries and a Minor T.S.Srinivasan aged about 14 years suffered grievous injuries. https://hcservices.ecourts.gov.in/hcservices/ 4. The driver of the Enfield Motor Cycle died consequent to the accident and therefore F.I.R. Lodged against him was closed. T.S.Subramaniam filed a petition claiming compensation in a sum of Rs.5 lakhs on the death of his 12 years old son T.V.Venkatraman. The minor Prithiviraj represented by his mother filed a petition claiming compensation for a sum of Rs.2 lakhs for the injuries suffered by him. Minor T.S.Srinivasan represented by his father T.S.Subramanian filed a petition claiming compensation for a sum of Rs.2 lakhs for the injuries sustained by him. 5. On behalf of the claimants T.S.Subramanian was examined as P.W.1 and P.W.2 in M.C.O.P.Nos.189 and 191 of 2006 respectively. One A.V.Jayamani was examined as P.W.3 in M.C.O.P.No.190 of 2008 and one Gurusamy an eye witness was examined as P.W.4. Dr.Periyasamy, who spoke about the injuries sustained by the claimants, was examined as P.W.5. One Balaji, Assistant Manager of Royal Sundaram Alliance Insurance Company was examined as R.W.1. On behalf of the claimants, Ex.A1 to A27 were marked. On behalf of the respondents Exs.R1 and R2 were marked. 6. Based on the eyewitness statement, documentary evidence and F.I.R., the Tribunal came to the conclusion that the driver of the Enfield Motor Cycle insured with the appellant was rash and negligent and caused the accident. 7. The negligence on the part of the driver of the Enfield Motor Cycle is not seriously disputed in the appeals. 8. The only contention of the learned counsel for the appellant in all these appeals is on the quantum of compensation. 9. C.M.A.No.2151 of 2008 in M.C.O.P.No.189 of 2006. In this case the deceased is a 12 years old student. The Tribunal fixed the income of the deceased notionally at 15000/- per annum as he is a non-earning member. The tribunal adopted 15 multiplier and granted Rs.2,25,000/- as compensation. In addition to that a sum of Rs.1,00,000/- (Rupees one lakh only) was granted for loss of love and affection and a sum of Rs.5000/- was granted towards funeral expenses. Totally a sum of Rs.3,30,000/- was awarded with 7.5% interest. 10. The only contention of the learned counsel for the appellant is that a sum of Rs.1 lakh awarded for loss of love and affection is on the higher side. The claimants though entitled to be compensated on conventional heads the said amount of Rs.1,00,000/- is excessive and therefore it has to be reduced. He further pleaded that the multiplier adopted is on the higher side and therefore, pleaded for reduction of the compensation. 11. In view of the Apex Court judgement reported in 2004 ACJ 99 Manju Devi and another vs. Musabir Paswan, the sum of Rs.2,25,000 granted as compensation for the death of the 12 year old son, a student, is just and reasonable. The sum of Rs. one lakh granted towards loss of love and affection, as rightly contended by the counsel for the appellant is excessive. The entitlement of the https://hcservices.ecourts.gov.in/hcservices/ claimant's parents for compensation on conventional heads cannot be disputed. The deceased son is a 12 years old, studying in a matriculation school and the parents losing their child at a tender age is a permanent scar in their life. The grief will linger till their life time. Thus, in a claim for compensation in the case of death, the claimants are granted compensation under conventional heads like loss of love and affection, funeral and transport expenses etc. 12. The claimants in this case are the father and mother, who have brought up the child with care and given him good education in a matriculation school. They will expect him to do well in life and their expectation of a bright future for their son has been shattered and hence they have to be compensated. Besides, for loss of love and affection on the death of their child and on other heads as above, their entitlement cannot be ignored. Hence claimants will be entitled to Rs.25,000/- each for loss of love and affection on the death of their son as against Rs.1,00,000/- granted by the Tribunal. The sum of Rs.5000/- granted towards funeral expenses by the Tribunal is confirmed. C.M.A.No.2151 of 2008: Accordingly, the award of the Tribunal is reduced to Rs.2,80,000/- from Rs.3,30,000/- as follows: Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1. Loss of pecuniary benefits Rs.2,25,000/- Rs.2,25,000/- 2. Loss of love and affection to the parents on the death of their son Rs.1,00,000/- Rs. 50,000/- 3. Funeral expenses Rs. 5,000/- Rs. 5,000/- Total Rs.3,30,000/- Rs.2,80,000/- Since the accident happened in the year 2004 and the award is of the year 2007, the interest granted by the Tribunal at 7.5% stands confirmed. 13 C.M.A.No.2152 of 2008 in M.C.O.P.No.190 of 2006. In this case the claimant suffered injuries and sustained fracture of the nose. He lost two teeth and sustained injuries in spinal cord and all over the body. Dr.K.Periyasamy was examined as P.W.2 and he assessed the disability under Ex.B25 at 16%. It is not disputed that the claimant was in hospital for 12 days. Considering the above, the Tribunal awarded the following amount: "A sum of Rs.50,000/- for permanent disability assessed at 16%, a sum of Rs.25,000/- for pain and suffering, a sum of Rs.14750/- towards medical expenses, a sum of Rs.10,000/- towards extra nourishment, a sum of Rs.1000/- towards transport expense and a sum of Rs.10000/- towards future medical expenses. In all a sum of Rs.1,10,750/- was awarded by the tribunal as compensation with interest at 7.5%." https://hcservices.ecourts.gov.in/hcservices/ 14. The learned counsel for the appellant contended that for the disability assessed at 16% the sum of Rs.50,000/- awarded by the tribunal is excessive. 15. The counsel for the respondents submitted that the compensation on the whole is meager and therefore the award should not be disturbed. 16. As far as the disability is concerned, the tribunal without any just and reasonable cause has granted a sum of Rs.50,000/-, when adequate compensation has been granted for pain and suffering, for medical expenses, for extra nourishment, for transport expense and for future medical expenses as well. The nature of injury does not justify the grant of higher compensation for disability assessed at 16%. Therefore the sum of Rs.50,000/- granted towards disability is modified to Rs.30,000/-. The other amounts granted by the Tribunal stands confirmed. C.M.A.No.2152 of 2008: Accordingly, the award of the Tribunal is reduced to Rs.90,750/- from Rs.1,10,750/- as follows:- Sl.No. Head Amount granted by the Tribunal Amount granted by this court 1. Disability assed at 16% Rs.50,000/- Rs.30,000/- 2. Pain and suffering Rs.25,000/- Rs.25,000/- 3. Medical expenses Rs.14,750/- Rs.14,750/- 4. Extra Nourishment expenses Rs.10,000/- Rs.10,000/- 5. Transport expenses Rs.1,000/- Rs.1,000/- 6. Future medical expenses Rs.10,000/- Rs.10,000/- Total Rs.1,10,750/- Rs.90,750/- Since the accident happened in the year 2004 and the award is of the year 2007, the interest granted by the Tribunal at 7.5% stands confirmed. However, the sum of Rs.10,000/- granted towards future medical expenses will not bear interest. 17.C.M.A.No.2153 in M.C.O.P.No.191 of 2006. In this case, Dr.K.Periyasami was examined as P.W.5 and he assessed the disability under Ex.B22 at 16%. The claimant boy was in hospital for a week. The Tribunal awarded the following amount: A sum of Rs.50,000/- for permanent disability assessed at 16%, a sum of Rs.25,000/- for pain and suffering, a sum of Rs.12,800/- towards medical expenses, a sum of Rs.10,000/- towards extra nourishment, a sum of Rs.1000/- towards transport expense and a sum of Rs.10000/- towards future medical expenses. In all a sum of Rs.1,08,800/-was awarded by the tribunal as compensation with interest at 7.5%. 18. As far as the disability is concerned, in this case also the tribunal without any just and reasonable cause has granted a sum of Rs.50,000/-, when adequate compensation has been granted for pain and suffering, for medical expenses, for extra nourishment, for transport expense and for future medical expenses as well. Hence a https://hcservices.ecourts.gov.in/hcservices/ sum of Rs.50000/- awarded by the tribunal for disability is reduced to Rs.30000/- and the other amounts awarded by the Tribunal are confirmed. C.M.A.No.2153 of 2008: Accordingly, the award of the Tribunal is reduced to Rs.88,800/- from Rs.1,08,800/- as follows:- Sl.No. Head Amount granted by the Tribunal Amount granted by this court 1. Disability assssed at 16% Rs.50,000/- Rs.30,000/- 2. Pain and suffering Rs.25,000/- Rs.25,000/- 3. Medical expenses Rs.12,800/- Rs.12,800/- 4. Extra Nourishment expenses Rs.10,000/- Rs.10,000/- 5. Transport expenses Rs.1,000/- Rs.1,000/- 6. Future medical expenses Rs.10,000/- Rs.10,000/- Total Rs.1,08,800/- Rs.88,800/- Since the accident happened in the year 2004 and the award is of the year 2007, the interest granted by the Tribunal at 7.5% stands confirmed. However, the sum of Rs.10,000/- granted towards future medical expenses will not bear interest. 19. C.M.A.No.2151 of 2008: In the result, this Civil Miscellaneous Appeal is allowed as follows:- (i) The award of the Tribunal is reduced to Rs.2,80,000/- from Rs.3,30,000/-. (ii) The interest granted by the Tribunal at 7.5% stands confirmed. (iii) The sum of Rs.10,000/- granted by the Tribunal towards future medical expenses will not bear interest. (iv) Counsel for the appellant prays eight weeks time to deposit the award amount as ordered by this court and is granted. On such deposit the counsel for the respondents 1 and 2/claimants prays withdrawal and is allowed. (v) There shall be no order as to costs. 20. C.M.A.No.2152 of 2008: In the result, this Civil Miscellaneous Appeal is allowed as follows:- (i) The award of the Tribunal is reduced to Rs.90,750/- from Rs.1,10,750/-. (ii) The interest granted by the Tribunal at 7.5% stands confirmed. (iii) The sum of Rs.10,000/- granted by the Tribunal towards future medical expenses will not bear interest. (iv) Counsel for the appellant prays eight weeks time to deposit the award amount as ordered by this court and is granted. On such deposit the counsel for the first respondent/claimant prays withdrawal and he is permitted to withdraw as per order of the Tribunal. https://hcservices.ecourts.gov.in/hcservices/ (v) There shall be no order as to costs. 21. C.M.A.No.2153 of 2008: In the result, this Civil Miscellaneous Appeal is allowed as follows:- (i) The award of the Tribunal is reduced to Rs.88,800/- from Rs.1,08,800/-. (ii) The interest granted by the Tribunal at 7.5% stands confirmed. (iii) The sum of Rs.10,000/- granted by the Tribunal towards future medical expenses will not bear interest. (iv) Counsel for the appellant prays eight weeks time to deposit the award amount as ordered by this court and is granted. On such deposit the counsel for the first respondent/claimant prays withdrawal and he is permitted to withdraw as per order of the Tribunal. (v) There shall be no order as to costs. sd/- Deputy Registrar /true copy/ Sub Asst.Registrar vk To: The Chief Judicial Magistrate, Motor Accidents Claims Tribunal, Erode. +3 ccs To Mr.A.K.Kumarasamy, Advocate, SR.40613 to 40615 +3 ccs To Mr.N.Vijayaraghavan, Advocate, SR.40568, 40570 & 40571 CMA Nos.2151 to 2153 of 2008 tej [co] gkg/30.10 https://hcservices.ecourts.gov.in/hcservices/