1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.No.82 of 2011 and M.P(MD)No.2 of 2011 The Branch Manager, United India Insurance Co. Ltd., No.463, VOC Road, Karaikudi & Post, Sivagangai District. ... Appellant/2nd Respondent Vs. 1.Solaiammal Maruthappan(died) 2.Meenakshi 3.Minor Latha ... Respondents 1 to 3/Petitioners 1 to 4 4.R.Karuppiah ... Respondent No.4/1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 24.08.2010 made in M.C.O.P.No.980 of 2002 on the file of the Motor Accident Claims Tribunal, (Additional District Judge), (Fast Track Court), Pudukkottai. For Appellant : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.K.Balasundaram For R4 : No Appearance J U D G M E N T This Civil Miscellaneous Appeal is filed by the insurer against the award of compensation of Rs.6,99,000/- in favour of the young widow, minor child and mother of one Murugesan who is the victim of fatal accident occurred at 4.00 a.m., on 24.09.2002 near Kealparuvanchi Kulakarai at Pudukottai District due to rash and negligent driving of the vehicle owned by the first respondent and insured with the second respondent in the claim petition. The father of the fatal accident victim who was the second claimant died during the pendency of claim petition and the claim petition was contested by the claimants 1, 3 and 4. 2. This appeal is filed by the insurer only by questioning the quantum of compensation awarded by the Tribunal. The Tribunal has awarded the compensation under the following heads: Loss of dependency : Rs.5,44,000/- Loss of love and affection : Rs. 50,000/- Loss of consortium to the first claimant : Rs.1,00,000/- Funeral expenses : Rs. 5,000/- --------------- Total : Rs.6,99,000/- --------------- 3. The learned counsel for the appellant has questioned the correctness of the award of compensation by disputing the monthly income https://hcservices.ecourts.gov.in/hcservices/ 2 of the deceased and the award of compensation of Rs.1,00,000/- for loss of consortium and Rs.50,000/- for loss of love and affection as on higher side and as excessive and exorbitant. 4. The deceased was admittedly cleaner of the lorry and as per Ex.P- 6-Salary certificate he was paid Rs.1500/- as monthly salary + Rs.50/- as daily batta. The Tribunal has fixed the monthly income as Rs.4,000/- (ie) Monthly salary + batta = Rs.3,000/- plus earning through other agricultural work Rs.500/-. It may be true that the Tribunal has not explained fixation of Rs.4,000/- as monthly salary when the evidence available is only for Rs.3,500/- per month. 5. However, this Court is not inclined to interfere with the fixation of Rs.4,000/- as monthly income by taking into account the probable increase in the earning capacity of the deceased had he been alive and the fixation of Rs.4,000/- can be hence confirmed. In that event, the loss of dependency of the petitioners as assessed by the Tribunal does not call for any interference. 6. However, this Court is inclined to reduce the award of compensation for loss of consortium and for loss of love and affection and the same can be in my considered view reasonably fixed at Rs.30,000/- and Rs.30,000/- respectively. The total compensation thus comes to as follows: Loss of dependency :Rs.5,44,000/- Loss of love and affection :Rs. 30,000/- (Rs.10,000/- each for claimant 1, 3 and 4) Loss of consortium :Rs. 30,000/- Funeral Expenses :Rs. 5,000/- --------------- Total :Rs.6,09,000/- --------------- The same is rounded as Rs.6,10,000/- and the same is payable with interest at 7.5% per annum. 13. In the result, the award dated 24.08.2010 made in M.C.O.P.No.980 of 2002 on the file of the Motor Accident Claims Tribunal, (Additional District Judge), (Fast Track Court), Pudukkottai, is modified by awarding a sum of Rs.6,10,000/-(Rupees Six Lakhs and Ten Thousand only) with costs and interest at 7.5% per annum from the date of petition till date of payment payable by the insurer on behalf of the insured within two months from the date of receipt of the copy of this order. Out of the total compensation amount, the respondents 1 to 3/claimants 1, 3 and 4 are entitled to get Rs.3,35,000/-, Rs.75,000/-, and Rs.2,00,000/- respectively. On such deposit of the amount into the Court, the claimants 1 and 3 are permitted to withdraw Rs.1,35,000/- and Rs.50,000/- respectively out of the compensation allotted to them with proportionate costs and interest. The first claimant is permitted to withdraw for herself and on behalf of the minor claimant, the remaining costs and interest. The balance amount of the claimants 1 and 3 shall be deposited in any one of the nationalized banks for a period of three years and the entire share amount of the minor claimant shall be deposited in any one of the nationalized banks till the minor attains https://hcservices.ecourts.gov.in/hcservices/ 3 majority. The third claimant and the first claimant for herself and on behalf of the minor are permitted to withdraw future interest accrued on such deposits once in three months directly from the bank. Excess amount if any shall be refunded to the appellant/Insurer. Excess Court fee if any shall be refunded to the claimants. This Civil Miscellaneous Appeal is accordingly disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal, Additional District Judge/ Fast Track Court, Pudukkottai. +1CC TO MR.G.PRABHU RAJADURAI, ADVOCATE SR.18571 +1CC TO MR.K.BAALASUNDARAM, ADVOCATE SR.18317 Copy to : The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai. Pm SR : 10.08.2011 : 3p/5c C.M.A.No.82 of 2011 and M.P(MD)No.2 of 2011 13.06.2011 https://hcservices.ecourts.gov.in/hcservices/