1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.442 of 2011 and M.P(MD)No.1 of 2011 The Divisional Manager, M/s.National Insurance Company Ltd., No.3-a, North Veli Street, Madurai. ... Appellant /2nd Respondent Vs. 1.C.Elaman ...1st Respondent / Claimant 2.B.Thamburaj ... 2nd Respondent / 1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 18.06.2010 made in M.C.O.P.No.1760 of 2002 on the file of the Motor Accident Claims Tribunal(III Additional District Sessions Judge(PCR), Madurai. For Appellant : Mr.C.R.Krishnamoorthy For Respondents: Mr.E.Somasundaram J U D G M E N T This Civil Miscellaneous Appeal is filed by the second respondent/Insurance Company against the award of compensation of Rs.1,34,000/- payable with interest at 7.5% per annum in favour of the claimant aged 50 years who is practising advocate, for the death of his step-mother aged about 70 years on the date of the accident. 2. The date, time, place and manner of the accident as due to rash and negligent driving of the driver of the vehicle belonging to the first respondent and insured with the second respondent in the claim petition, are not denied. 3. This appeal is filed by the Insurance Company by questioning the award of compensation on the ground of contributory negligence on the part of the deceased and the entitlement of the claimant to get any compensation for want of loss of dependency and loss of estate. The Insurance Company has also questioned the compensation awarded for loss of love and affection to be on higher side. 4. Considering the age of the deceased, the time at which the accident taken place, the question of holding the deceased liable for contributory negligence for the accident does not at all arise. Regarding the entitlement of the claimant, considering the relationship between the claimant and the deceased, he is entitled to https://hcservices.ecourts.gov.in/hcservices/ 2 get compensation for the death of the deceased in the capacity of sole legal heir of the deceased. 5. Regarding the quantum of compensation, the Tribunal has assessed the loss of income of the claimant as Rs.90,000/- by taking the monthly contribution of the deceased as Rs.1,500/- and by applying the multiplier "5" . In my considered view, the same can be reduced considering the factors as stated above, to Rs.60,000/(1000 X 12 X 5) with which is to be added Rs.5,000/- towards loss of love and affection and Rs.5,000/- towards funeral expenses and then the total compensation comes to Rs.70,000/-and the award passed by the Tribunal is accordingly modified. 6. In the result, the award dated 18.06.2010 made in M.C.O.P.No.1760 of 2002 on the file of the Motor Accident Claims Tribunal(III Additional District Sessions Judge(PCR), Madurai is modified by awarding compensation of Rs.70,000/-(Rupees Seventy Thousand Only) payable with interest at 7.5% per annum from the date of claim petition till date of payment. As the amount is already deposited, the claimant is entitled to withdraw the compensation amount with proportionate interests and costs. The balance amount shall be refunded to the Insurance Company. This Civil Miscellaneous Appeal is accordingly disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal (III Additional District Sessions Judge(PCR), Madurai +1cc to Mr.N.S.Ramakrishna Dass Advocate, Sr.No.12767 +1cc to Mr.E.Somasundaram Advocate, Sr.No.12616 CMA(MD).No.442 of 2011 05.04.2011 pm SMA/08.04.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/