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2015 DIGILAW 2554 (MAD)

Royal Sundaram Alliance Insurance Co. Ltd. v. E. Priya

2015-07-20

T.MATHIVANAN, V.RAMASUBRAMANIAN

body2015
JUDGMENT : T. Mathivanan, J. Impugning the award of Rs. 91,72,525/- dated 04.02.2015 on the file of the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai, the second respondent/ Insurance Company in the claim petition stands before this Court with this Civil Miscellaneous Appeal. 2. The respondents 1 to 3 herein are the wife and parents of the deceased Sakthivel; whereas the fourth respondent is the owner of the offending vehicle. 3. Heard Mr. N. Vijayaraghavan, learned counsel appearing for the appellant/Insurance Company and Mr. K. Varadha Kamaraj, learned counsel appearing for the respondents 1 to 3. The fourth respondent had not chosen to contest the claim petition as he remained ex-parte. 4. The deceased T. Sakthivel was a Software Engineer and working in i/Nautix Technologies India Private Limited, 10C Tidle Park, Chennai and was earning a sum of Rs. 65,000/- per month. 5. What happened was that on 12.10.2013 at about 7.30 a.m., at Medavakkam Main Road, near A2R vegetarian Hotel near Kovil-ambakkam. the driver, who was on the steering w heel of the Lorry bearing Registration No. TN 02 C 0339, had driven the said vehicle in a rash and negligent manner and hit against the deceased, When he had ridden his motorcycle bearing Registration No. TN 09 BK 6178 near the above said hotel. As a result of which, the deceased had succumbed to injuries instantaneously on the spot. 6. According to the respondents 1 to 3/claimants, the driver of the Lorry alone was responsible for the accident. 7. While the Appellant/Insurance Company had contested the claim petition, the fourth respondent being the owner of the vehicle had not chosen to contest. The first respondent/ claimant E. Priya, who is none other than the wife of the deceased was examined as PW-1. One Karthick Krishnamoorthy, who is HR -Team Leader of VNautix Company, was examined as PW-2. One Adaikkalaraj, who is said to be the eyewitness for the occurrence, was examined as PW-3. During the course of their examination, Exs. P-1 to P-14 were marked. Neither oral and documentary evidence was adduced on behalf of the respondents. After analysing the evidences both oral and documentary, the Tribunal had awarded a sum of Rs. 91,72,525/-. 8. The Appellant/Insurance Company has challenged the quantum alone in this Appeal. 9. Mr. During the course of their examination, Exs. P-1 to P-14 were marked. Neither oral and documentary evidence was adduced on behalf of the respondents. After analysing the evidences both oral and documentary, the Tribunal had awarded a sum of Rs. 91,72,525/-. 8. The Appellant/Insurance Company has challenged the quantum alone in this Appeal. 9. Mr. N. Vijayaraghavan, learned counsel appearing for the Appellant/Insurance Company has projected his argument on the following two grounds:- (a) The award of Rs. 89,47,525/- towards pecuniary loss granted by the Tribunal was excessive and not in accordance with the related facts and circumstances of this case; (b) the ultimate award of Rs. 91,72,525/- under various heads was excessive and fanciful and therefore, he has urged the intervention of this Court to grant just compensation. 10. It is apparent from Exs. P-3 and P-4 Death Report and Postmortem Certificate that the deceased was aged about 29 years at the time of occurrence. As spoken to by PW-2 HR - Team Leader of i/Nautix Company, the deceased was proved to have worked for the above said Company and this would go to substantiate further through Ex. P-10 Copy of Appointment Order. Ex. P-11 is the copy of Employment Identity Card of PW-2 to show that he was working in the above said Company; Ex. P-12 is the Salary Slip of the deceased for the month of September 2013 and October 2013. Since the occurrence was taken place in the month of October 2013, his last pay drawn for the month of September was taken into account by the Tribunal. Accordingly, the monthly income was determined at Rs. 46,419/- and his annual income has been calculated to Rs. 5,57,028/-. The Tribunal in accordance with the decision in Vimal Kanxvar and Others v. Kishore Dan and Others, 2013 ACJ 1441 : AIR 2013 SC 3830 : (2013) 7 SCC 476 : LNIND 2013 SC 528, has justified that 10% of Income Tax could be deducted from the annual income. After giving the standard deduction of Rs. 2,50,000/-, the taxable income would be Rs. 3,07,028/-. After giving the deduction of 10% towards income tax, the annual income comes to Rs. 5,26,325/- (5,57,028-30,703). After giving the standard deduction of Rs. 2,50,000/-, the taxable income would be Rs. 3,07,028/-. After giving the deduction of 10% towards income tax, the annual income comes to Rs. 5,26,325/- (5,57,028-30,703). Besides this, the Tribunal has determined that 50% of Future prospectus be added with the annual income as observed by the Hon'ble Apex Court in Sarala Verma and Others v. Delhi Transport Corporation and Another 2009 (2) TNMAC I (SC): AIR 2009 SC 3104 : (2009) 6 SCC 121 : LNIND 2009 SC 866 : (2009) 4 MLJ 997 case. The 50% of the annual income would be Rs. 2,63,162.50 (Rs. 5,26,325 x 50% = 2,63,162.50). Hence, the annual income would be at Rs. 7,89,487.50 (5,26,325 + 2,63,162.50). 11. As afore-stated, the deceased was aged about 29 years. Since the claim petition is filed under Section 166 of the Motor Vehicles Act as per Sarala Verma and Others r. Delhi Transport Corporation and Another (supra), the Tribunal has selected the multiplier of 17' which according to us is the correct multiplier which does not require any disturbance. 12. Out of Rs. 7,89,487.50, the Tribunal has allowed 1/3rd towards his personal expenses. The 2/3rd reminder would be at Rs.5,26,325/-. After multiplying this amount with multiplier of 17', the pecuniary loss has been calculated by the Tribunal at Rs.89,47,525/'-. Apart from this pecuniary loss, the Tribunal has also allowed certain amounts under the following heads:- (i) Funeral Expenses Rs. 25,000/- (ii) Loss of Consortium to the 1st petitioner Rs. 1,00 000/- (iii) Love and Affection Rs. 1,00,000/- Total compensation is fixed at Rs. 91,72,525/-. 13. But in our considered view, the Tribunal j committed one serious error, namely that of calculating income tax at 10% instead of 20%. I If income tax is deducted at 20%, the compensation payable will be as follows:- (1) Pecuniary Loss (a) Rs. 5,57,028/- less 20% income tax = Rs. 4,45,583/- (b) Rs. 4,45,583/- + 50%=(2,22,791/-) Rs. 6,88,374/- (c) Less 1/3-personal expenses = Rs. 4,58,916/- (d) Pecuniary loss - Rs. 4,58.916/- X 17 multiplier = Rs. 78,01,572/- (2) Funeral Expenses Rs. 25,000/- (3) Loss of Consortium Rs. 1,00,000/- (4) Loss of Love and affection Rs. 1,00,000/- (5) Interest 7.5% p.a. From date of claim petition i.e., 14.02.2014 (6) Award Rs. 80,26,572/- plus interest at 7.5% p.a from 14.02.2014 till date of realisation plus costs Rs. 1,89,868/- 14. 4,58.916/- X 17 multiplier = Rs. 78,01,572/- (2) Funeral Expenses Rs. 25,000/- (3) Loss of Consortium Rs. 1,00,000/- (4) Loss of Love and affection Rs. 1,00,000/- (5) Interest 7.5% p.a. From date of claim petition i.e., 14.02.2014 (6) Award Rs. 80,26,572/- plus interest at 7.5% p.a from 14.02.2014 till date of realisation plus costs Rs. 1,89,868/- 14. Accordingly, the Civil Miscellaneous Appeal filed by the Appellant/Insurance Company is partly allowed. Consequently, connected Miscellaneous Petition is closed. The award for Rs. 91,72,525/- with interest at 7.5% p.a from 14.02.2014 (date of claim petition), stands reduced to Rs. 82.00,000/- with interest at 7.5% p.a from 14.02.2014, till date of payment by insurer. The shares of the claimants/respondents 1 & 3 stand altered to Rs. 69.00,000/- with proportionate interest in favour of 1st respondent/widow of the deceased and Rs. 13,00,000/- with proportionate interest in favour of 2nd respondent/ mother of the deceased. No share was granted to the father of the deceased by the Tribunal and we do not disturb the same. Insurer is directed to make the payment of the said sum within 4 weeks from date of receipt of this order. 15. While so, we feel obliged to make the following directions with regard to the satisfaction of the award by the insurer, as well as disbursement by the Court, to the claimants. The purpose of this jurisdiction and our exercise is to assess and award just compensation to the unfortunate victims. It is the mandate of Parliament which we are required to carry out, in letter and spirit. In carrying out the same, we note that huge sums of money are involved and it is our look out to ensure that the 3 Lit Compensation awarded to the claimants reached their hands, in full, without "leakage". 16. The claimants are getting this compensation in lump sum and they have to take care of their lives, by guardedly utilising the same. In this case, the widow was aged only 25 years at the time of the tragic death of her husband. The parents of the deceased are elderly persons, who also have to manage themselves with this compensation amount. Hence, the following observations and directions, we feel would be appropriate:- (i) E transfer is now the name of the game. In this case, the widow was aged only 25 years at the time of the tragic death of her husband. The parents of the deceased are elderly persons, who also have to manage themselves with this compensation amount. Hence, the following observations and directions, we feel would be appropriate:- (i) E transfer is now the name of the game. The subsidies meant for the needy sections of society are now' made by Direct Bank/Benefit Transfer and this ensures that the victims/ claimants got total control over the entire sum, to take control of their lives. We also find that further to the orders of this Hon'ble Court made in United India Insurance Co., Ltd. v. Sagicor Capital, 2013 (2) CTC 408 : LNIND 2013 MAD 6149 : (2013) 3 MLJ 129 , amendments have been carried out in TN Court Fees and Suits Valuation Act, 1956 to provide for payment of court fees by way of E stamps. A platform is also being envisaged for electronic payment of Court fees, which would rid the several difficulties which are encountered today. We feel therefore, embracing technology, for transfer of compensation amounts payable to innocent victims would go a long way in ensuring that the claimants got the benefit of entire compensation, directly into their bank accounts, and they can deal with the same, for payment of legal costs and expenses, as they deem fit. As on date, truth to tell, cheques issued in the name of claimants, are encashed by opening accounts, newly, for the purpose of the encashment, despite the claimants already having a bank account, only so that, legal costs and expenses are met expeditiously. If the claimants are having bank accounts already, it would suffice if the particulars are obtained and E transfer made to their accounts, for their benefit. Such direct transfer would go a long way in avoiding any leakage". (ii) We feel that the time has come for this Court to take note of the phenomenal benefits flowing from the precept and practice of Direct Bank/Benefit Transfer of Funds to the beneficiaries. It is a fit case where the insurer can be directed to deposit the award sum directly to the credit of bank account of the Court through RTGS or NEFT transfer. It is a fit case where the insurer can be directed to deposit the award sum directly to the credit of bank account of the Court through RTGS or NEFT transfer. Then, in turn, the Court can be directed to obtain the self attested copy of the 'relevant page of Bank Pass Book/s of the claimants, with all details, so that the Court can make the transfer directly to the respective accounts of the claimants, in terms of their shares, as fixed by this Court. This, in our opinion would be a game changer and afford a real possibility to claimants to take control over their lives, after the traumatic accident, by having full control over the award sum, with which they have to manage their lives. Once the award sum is directly transferred to the bank account of claimants, the claimants can deal with the same and pay out reasonable legal costs and expenses, as they may be obliged to. (iii) We also find that as per Section 194-A of Income Tax Act, 1961, Tax Deduction at Source (TDS) is to be made in respect of interest liability beyond Rs. 50,000/- accruing to any individual claimant/s. If the claimant/s had a Pan Card, then such TDS would be at 10% only. If they did not have such a Pan Card, it would be at 20%. In such Circumstances, it would be advisable for the Court to obtain along with copy of the bank account details, copy of the Pan Card of the claimant/s also, so that the deduction of TDS, if any would be at 10% only, in such of those cases where the claimants possessed a Pan Card. In addition, the claimant/s would be entitled to seek refund of such TDS sum reduced from the interest portion, by approaching the Revenue, in accordance with law. To enable them to do so, the insurance Company would be obliged to furnish Form 16A as required under IT Act, 1961, to such claimants, in case of deduction towards TDS. 17. For any and all the above reasons, we deem it fit to issue the following directions:- 1. The appellant insurer shall deposit the award amount of Rs. To enable them to do so, the insurance Company would be obliged to furnish Form 16A as required under IT Act, 1961, to such claimants, in case of deduction towards TDS. 17. For any and all the above reasons, we deem it fit to issue the following directions:- 1. The appellant insurer shall deposit the award amount of Rs. 82,00,000/- with interest at 7.5% p.a on and from 14.02.2014 (date of claim petition) till date of deposit, less the amounts already deposited, if any, directly to the bank account of the Registrar, Court of Small Causes, Chennai - which Bank account details shall be furnished by the Court on request by the Appellant - within four weeks of receipt of a copy of this order; 2. The appellant insurer shall send a letter to the Registrar, Court of Small Causes, Chennai, about such deposit, containing all details, together with Form 16-A to be issued to the respective claimant/s, as the case may be, with due notice of the said letter to the counsel for claimants or the claimants, as the case may be: 3. On such deposit, the claimants/respondents 1 and 2 herein would be entitled to disbursement of the same in their favour. Such disbursement shall be by the Court below by Direct Bank/Benefit Transfer to the Bank Accounts of claimant/s by way of RTGS or NEFT Transfer. For the said purpose, the Court shall obtain self attested copy of the bank pass book of the claimant/s along with self attested copy of Pan Card, if any, before such transfer; 4. In this appeal, we hereby direct that the Court below shall obtain the above requirements in case of Mrs. Priya, w/o. T. Sakthivel, and transfer Rs. 69,00,000/- with proportionate interest, as per this order, within such time as is practical, from the date of deposit made by the insurer; 5. In this appeal, we hereby direct that the Court below shall obtain the above requirements in case of Mrs. T. Girija, w/o. G. Thangarasu, and transfer Rs. 13,00,000/- with proportionate interest, as per this order, within such time as it practical, from the date of deposit made by the insurer; 6. The Court shall also hand over Form 16 A issued by the insurer to the respective claimant/s on proper acknowledgment; 7. T. Girija, w/o. G. Thangarasu, and transfer Rs. 13,00,000/- with proportionate interest, as per this order, within such time as it practical, from the date of deposit made by the insurer; 6. The Court shall also hand over Form 16 A issued by the insurer to the respective claimant/s on proper acknowledgment; 7. Before parting with this case we feel that time may have come for technology to be fully incorporated into the court proceedings, at all stages, for the case and convenience it offers to all the stake holders. We feel that such course of deposit and disbursement could be followed in all motor accidents claims, as well as in land acquisition claim and in all claims involving payment of compensation to beneficiaries, through the auspices of Court and/or even upon settlement of Claims in Lok Adalat proceedings. We hereby direct the Court below shall follow the above directions scrupulously and report compliance, as soon as the transfer is made to the bank accounts of the two claimants, in this case. It is our earnest desire that Just compensation awarded to claimants in motor accidents claims should reach the hands of the victims or claimants, in full, enabling them to take total control of the same, and deal with the award sum, as they deem fit and proper. This would enable the claimants, to the extent possible, to get back on track, after the tragic accident, which may have traumatised their lives. We hope and trust all stakeholders in this jurisdiction would appreciate and understand our intention in this regard in proper perspective and cooperate in the same. Appeal partly allowed.