1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A(MD)No.484 of 2011 and M.P.(MD)No.2 of 2011 M/s. National Insurance Company Limited, through its Branch Manager, 333/1, Checkalai Road,S.Vilakku, Karaikudi. ... Appellant(3rd Respondent) Vs. 1. Arul 2. Harshanya, minor, 3. M.S.Kuzhanthai 4. C.M.Palaniappan ... Respondents (Petitioners and Respondents 1 and 2) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award dated 28.08.2009 made in M.C.O.P.No.138 of 2008, on the file of the Motor Accidents Claims Tribunal (Sub-Court), Devakottai. For Appellants : M/s.P.Malini JUDGMENT The third respondent insurer is the appellant herein. The appeal is filed against the award of compensation of Rs.6,47,000/- with interest at 7.5% p.a. in favour of the husband and minor daughter of one Maria Kavitha, aged 28 years, who died in the accident occurred on 5.00 p.m. at 04.07.2007, near L.F.R.C school in Karaikudi-Devakkottai Main Road due to the rash and negligent driving of the lorry driven by the first respondent, owned by the second respondent and insured with the third respondent on the date of the accident. 2. The appeal is filed by the insurer not by questioning the liability to pay compensation but by questioning the quantum of compensation. It is contended by the learned counsel for the appellant that the Tribunal has grossly erred in taking Rs.4,000/- as monthly income of the deceased and in awarding Rs.20,000/- each for loss of consortium and loss of love and affection for the first claimant/husband. 3. This Court finds no merits which deserves acceptance in such contention raised on the side of the appellant/insurer. Considering the age, educational qualification of the deceased, period during which the accident taken place and nature of avocation and the duties to be performed by the deceased, fixation of Rs.4000/- as monthly income of the deceased and deduction of one third of the same towards personal expenses and in taking Rs.4000x2/3 as her monthly contribution to the family cannot https://hcservices.ecourts.gov.in/hcservices/ 2 at all be said to be on higher side. Likewise, considering the age of the deceased and first respondent/claimant and unnatural manner and unfortunate time at which the husband is deprived of the companionship of the wife and the difficulty which is going to be faced by the first claimant in bringing up the minor girl child without the able assistance her mother, the award of Rs.20,000/-each for loss of consortium and loss of love affection to the husband cannot be questioned as exorbitant and excessive. Thus, this Court finds no reason much less valid reason to set aside, modify or reverse the compensation awarded by the Tribunal. 4. In the result, the Civil Miscellaneous Appeal is dismissed,confirming the award dated 28.08.2009 made in M.C.O.P.No.138 of 2008, on the file of the Motor Accidents Claims Tribunal(Sub-Court), Devakottai. Consequently, connected miscellaneous petition is dismissed. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR vsn To The Subordinate Judge, The Motor Accidents Claims Tribunal, Devakkottai. 1CC TO MR. P. MALINI, ADVOCATE, SR: 14970: DM:2011::MAY:30:: C.M.A(MD)NO.484 of 2011 25.04.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/