A. L. Koteeswaran (Deceased) Through A. L. Santhakumari v. Mccoy Clothing
2022-09-29
S.ABDUL NAZEER, V.RAMASUBRAMANIAN
body2022
DigiLaw.ai
JUDGMENT 1. Leave granted. 2. The appellant is the mother of one A.L. Koteeswaran. A.L. Koteeswaran died in a motor accident occurred on 24.10.2006. The Claim Petition M.C.O.P. No.3079 of 2007 filed by the appellant was allowed by the Motor Accident Claims Tribunal, Chennai (for short 'Tribunal') by an order dated 25.11.2013, whereby a sum of Rs.21,52,910/- was awarded towards compensation with interest @ 7.5% p.a. from the date of the petition till the date of deposit. 3. The respondent-Insurance company challenged the said order of the Tribunal before the High Court. The High Court has allowed the appeal and reduced the compensation payable to the appellant/claimant to Rs.5,27,255/- with interest @ 7.5% p.a. from the date of the petition till the date of deposit. 4. We have heard learned counsel for the parties. The Tribunal on appreciation of the oral and documentary evidence on record has held that A.L. Koteeswaran died due to the injuries caused in accident. In coming to this conclusion, the Tribunal has not only taken into account the oral evidence but also the documentary evidence such as the discharge summary Ex.P-2 and, Ex. P-3 certificate evidencing the review of the health condition made on 13.10.2007. The Tribunal has also taken into account evidence of the Doctor and the medical bill Ex.P-5 and P-6 which show that the deceased was on continuous treatment either as an in-patient or as an out-patient from 24.10.2006 to 08.10.2007. In our opinion, the High Court was not justified in reversing the finding of fact recorded by the Tribunal. 5. The deceased was working as an Assistant Engineer/Quality Assurance in Flowserve Sanmar Limited and was earning Rs.16,835/- per month. Ex. P-9 is the certificate which shows that the deceased had completed diploma in Mechanical Engineering. Ex.P-10 shows that he had completed various training courses. The salary certificate is at Ex.P-15. The Division Manager of Flowserve Sanmar Limited was examined a PW-3 who has deposed that the deceased was working as Assistant Engineer/Quality Assurance in Flowserve Sanmar Limited. 6. The deceased was 28 years of age at the time of his death. He was a bachelor. The multiplier applicable to the instant case is 17. The claimant is entitled for 40% of the income of the deceased towards loss of future prospects out of which 50% of the income of the deceased requires to be deducted towards his personal expenses.
He was a bachelor. The multiplier applicable to the instant case is 17. The claimant is entitled for 40% of the income of the deceased towards loss of future prospects out of which 50% of the income of the deceased requires to be deducted towards his personal expenses. Thus, the claimant is entitled for the compensation as under: (i) Annual Income of the Deceased (p.a.) Rs. 16,835 x 12 = 2,02,020/- (ii) Future Prospects 40% Added (2,02,020 + 80,808) = 2,82,828/- (iii) Deductions Towards personal expenses:- 50% (Bachelor) (iv) Multiplier 17 (v) Loss of Dependency 1,41,414 X 17 = Rs. 24,04,038/- (vi) Medical Expenses Rs. 3,65,740/- (vii) Loss of Estate Rs. 15,000+(10% increase) = Rs. 16,500/- (viii) Loss of consortium Rs. 40,000+(10% increase) = Rs. 44,000/- (ix) Funeral expenses Rs. 15,000+(10% increase) = Rs. 16,500/- (x) Interest Rate 7.5 p.a. (as awarded by the Tribunal) (xi) Total Compensation Rs. 28,46,778/- 7. In the result, this appeal succeeds and it is accordingly allowed. The judgment of the High Court impugned herein is set aside. The Insurance Company is directed to deposit a sum of Rs.28,46,778/- with interest @ 7.5 p.a. from the date of the claim petition till the date of the deposit after deducting the amount already deposited. The deposit, as above, shall be made with the Tribunal within six weeks from today.