The United India Insurance Co. Ltd. v. P. Mumtaj & Others
2006-12-14
P.D.DINAKARAN, P.P.S.JANARTHANA RAJA
body2006
DigiLaw.ai
Judgment :- (Appeal filed against the judgment and decree dated 17.8.2005 made in M.C.O.P.No.2880 of 2000 on the file of Motor Accidents Claims Tribunal (5th Small Causes Court), Chennai.) P.D. Dinakaran, J. The appeal arises out of the judgment dated 17.8.2005 made in M.C.O.P.No.2880 of 2000, whereby the Motor Accidents Claims Tribunal (5th Small Causes Court), Chennai, has allowed the claim petition and awarded a compensation of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) with interest at 7.5% p.a., for the death of one Feroz Khan, son of the first and second respondents and brother of respondents 3 and 4, in a motor accident said to have taken place on 22.4.2000 near a junction at Sathiyavedu Joint Road and GNT Road. 2.1. The brief facts are: At about 12 hours on 22.4.2000, when the deceased Feroz Khan was returning after his work from Bharath Textiles Proofing Limited towards Kavarapettai in his bajaj scooter bearing No.TN-04-C-6033, near the junction of Sathiyavedu and G.N.T. Road, a lorry belonging to the fifth respondent bearing Registration No.TN-22-X-4770, came in a rash and negligent manner and dashed against the bajaj scooter driven by the deceased Feroz Khan, due to which, the deceased sustained grievous injuries and died on the spot. 2.2. The claim petition in M.C.O.P.No.2880 of 2000 was filed by the respondents/claimants, claiming a compensation of Rs.30,00,000/- (Rupees Thirty Lakhs only), for the death of the said Feroz Khan, which was resisted by the appellant Insurance Company on the ground that the accident took place only due to rash and negligent driving of the deceased and the driver of the lorry cannot be held sole responsible for the accident. Apart from denying all the averments stated in the claim petition with regard to the age of the deceased, salary, occupation, time and place of occurrence, insurance policy, etc., the appellant/Insurance Company also resisted the claim for non-joinder of necessary parties. 2.3. The Tribunal, after framing the issues and after taking into consideration the evidence, both oral and documentary, decided the claim petition in favour of the claimants in terms of the impugned judgment. The tribunal held that the accident in question had occurred only due to the rash and negligent driving of the lorry by its driver and as a result of the same, the deceased died.
The tribunal held that the accident in question had occurred only due to the rash and negligent driving of the lorry by its driver and as a result of the same, the deceased died. The Tribunal also held that the claimants are entitled to the compensation for the death of the deceased Feroz Khan and determined a sum of Rs.12,50,000/- as the amount due to the claimants under the following heads: Loss of income and estate:: Rs.12,00,000/- Loss of expectation of life:: Rs. 10,000/- Loss of love and affection:: Rs. 30,000/- Funeral expenses:: Rs. 10,000/- ------------ Rs.12,50,000/- ------------- 3. The only contention argued before us by the learned counsel appearing for the appellant/Insurance Company is with regard to the quantum of compensation arrived at by the Tribunal towards loss of income and estate at Rs.12,00,000/-. He submits that the Tribunal, having found that the deceased was aged about 24 years and was earning Rs.10,000/- per month at the time of accident and having also fixed the age of the mother of the deceased as 42 years, ought to have applied the multiplier of 10 as per the principles laid down in Municipal Corporation of Greater Bombay V. Laxman Iyer [ (2003) 8 SCC 731 ] and accordingly, could have fixed a sum of Rs.8,00,000/- towards loss of income and estate. But, the Tribunal, without following the principles laid down in the aforesaid decision, simply arrived at a sum of Rs.12,00,000/-, which is illegal and hence, the compensation awarded by the Tribunal is liable to be scaled down if not completely set aside at the hands of this Court. 4. The learned counsel for the respondents/claimants submits that the compensation arrived at by the Tribunal towards loss of income of the deceased is not on the higher side and hence, the award of compensation has to be confirmed at the hands of this Court and the appeal has to be dismissed. 5. Considering the submissions made by learned counsel on both sides as well as taking into consideration the facts and circumstances of the case, we feel it appropriate that a total amount of Rs.10,00,000/- as compensation payable to the claimants would meet the ends of justice.
5. Considering the submissions made by learned counsel on both sides as well as taking into consideration the facts and circumstances of the case, we feel it appropriate that a total amount of Rs.10,00,000/- as compensation payable to the claimants would meet the ends of justice. Accordingly, the compensation awarded by the Tribunal towards loss of income and estate at Rs.12,00,000/- is reduced to Rs.9,50,000/- and the compensation awarded towards loss of expectation of life at Rs.10,000/-, towards loss of love and affection at Rs.30,000/- and towards funeral expenses at Rs.10,000/- shall stand confirmed. With the above modification in the compensation awarded by the Tribunal, the appeal is partly allowed. No costs.