IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.04.2011 CORAM: THE HON'BLE MR.JUSTICE C.S.KARNAN CIVIL MISCELLANEOUS APPEAL NO.862 of 2011 M/s.New India Assurance Co. Ltd., No.372, Old No.231, T.T.K.Road, Alwarpet, Chennai – 18. ... Appellant/2nd Respondent Versus 1.J.Jamuna Jayakumar 2.S.Mangalambigai 3.Minor.J.Prasanna rep by his mother and N.F.Jamuna Jayakumar 4.D.Jayachandran ... Respondents/Claimants 1 to 3 and 1st Respondent Prayer: This appeal is filed under Section 173 of the Motor Vehicle Act, 1988 against the award and decree made in M.C.O.P.No.551 of 2006, dated 30.10.2009, on the file of learned Motor Accidents Claims Tribunal, Small Causes Court – II Judge, Chennai. For Appellant : M/s.J.Chandran For Respondents : M/s.A.A.Venkatesan (R1 to R3) - - - J U D G M E N T The above appeal has been filed by the appellant / New India Assurance Company Limited against the award and decree dated 30.10.2009 made in M.C.O.P.No.551 of 2006 on the file of the Motor Accidents Claims Tribunal, Small Causes Court No.II, Chennai. 2.The short facts of the case are as follows: On 15.09.2005, at about 04.30 hours, the petitioner was travelling along with others in a Van bearing Registration No.TN05-M- 7317 from Devakottai to Chennai, when the vehicle was nearing Madurantakam, when at that time, the driver who had driven the vehicle in a rash and negligent manner and dashed against the stationed lorry, as a result her husband had succumbed to his https://hcservices.ecourts.gov.in/hcservices/ injuries. Hence, the legal-heirs of the deceased had filed the claim petition for compensation a sum of Rs.10,00,000/- with interest. 3.The Insurance Company had filed a counter statement and opposed the claim petition. The respondent denied the accident that it was committed by the first respondent's driver. The vehicle was not insured with the Insurance Company and the vehicle was not in possession of valid records, besides the driver was not having a valid driving licence. The respondent denied the age, income and occupation of the deceased and the claim amount is excessive. 4.On the averments of both parties, the tribunal had framed three issues for consideration, namely; “(i)Whether the driver of the first respondent is responsible for the accident? (ii)Whether the respondents are liable to pay compensation to the petitioners? (iii)What is the quantum of compensation that the petitioners are entitled to?” 5.On the side of the claimants PW1 was examined and the below mentioned documents were marked: Postmortem Certificate, Death Certificate, Legal-heir Certificate, Copy of the FIR, etc., On the side of the respondent no witness, no documentary evidence. 6.PW1 had adduced evidence stating that she is the wife of the deceased, the second claimant is the mother of the deceased and the third claimant is the son of the deceased. On 15.09.2005, at around 05.30 a.m., the deceased and others were travelling in the mini-bus bearing Registration No.TN05-M-7317 from Sivagangai to Chennai, when the vehicle was nearing Madurantakam, when at that time, the driver had overtaken the ongoing vehicle in a reckless manner and as a result, the mini-bus dashed against the parked lorry. Consequently, the petitioner's husband had expired, others had sustained injuries. PW1 further stated that her husband was running a shop at Burma Bazaar and was earning a sum of Rs.6,000/- per month, at the time of the accident, his age was 55 years. 7.On considering the evidence of the witnesses and documentary evidence, the Tribunal had awarded a sum of Rs.3,76,500/-. 8.Aggrieved by the said award, the Insurance Company has filed the above appeal. 9.The learned counsel for the appellant argued that the Tribunal had awarded a sum of Rs.50,000/- under the head of 'love and affection', which is on the higher side. The rate of interest fixed https://hcservices.ecourts.gov.in/hcservices/ at 9.5% per annum is also on the higher side as per Reserve Bank of India guideline. 10.Learned counsel for the claimants argued that the Tribunal had granted a sum of Rs.2,000/- under the head of 'funeral expenses', which is on the lower side. The deceased's income was fixed at Rs.24,000/- per annum, after deducting 1/3 of the personal expenses of the deceased is also on the lower side, since the deceased was a business man and earning a sum of Rs.6,000/- per month, for love and affection granted to the minor son and aged mother is low, therefore, the compensation amount is reasonable, as such the appeal is not maintainable. 11.On considering the facts and circumstances of the case and arguments advanced by the learned counsels and on perusing the impugned award of the Tribunal, this Court is of the considered opinion that the learned Tribunal had awarded a sum of Rs.50,000/- under the head of 'love and affection' to the second and third claimants which are on the higher side, hence, this Court reduces the amount from Rs.50,000/- to Rs.20,000/-, the other heads of the compensation are reasonable. Therefore, this Court scales down the compensation from Rs.3,76,500/- to Rs.3,46,500/- which is fair and justifiable, this amount will carry interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation. Hence, this Court directs the appellant / Insurance Company to comply with this order within a period of eight weeks from the receipt of this order. After such compliance being made, it is open to the claimants to withdraw their apportioned share amount as fixed by the Tribunal with accrued interest thereon lying in the credit of M.C.O.P.No.551 of 2006 on the file of the Motor Accidents Claims Tribunal, Small Causes Court No.II, Chennai, after filing a Memo along with this order. 12.In the result, this Civil Miscellaneous Appeal is partly allowed. Consequently, the Award and Decree, passed by the Motor Accidents Claims Tribunal on the file of Small Causes Court No.II, Chennai made in M.C.O.P.No.551 of 2006, dated 30.10.2009 is modified. There is no order as to costs. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ r n s To The Motor Accidents Claims Tribunal, Small Causes Court No.II, Chennai. C.M.A.NO.862 OF 2011 VSV(CO) SRA (06/06/2011) https://hcservices.ecourts.gov.in/hcservices/