PRAYER: The Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act against the fair and decreetal order dated 10.4.2017 made in MCOP. No. 61 of 2012 on the file of Motor Accident Claims Tribunal (Sub Court), Sivakasi.
The Order of the Court was delivered by
N. Seshasayee, J.:— This appeal is preferred by the second respondent/Insurance Company in M.C.O.P. No. 61 of 2012 on the file of Motor Accident Claims Tribunal/Sub Court, Sivakasi.
2. In a fatal accident that took place on 30.12.2011, a certain Ravichandran, aged about 23 years had passed away. Seeking compensation, his young wife and a minor child, along with his parents as respondents, have approached the Tribunal seeking compensation, and the Tribunal has awarded Rs. 16,82,500/- as compensation to be payable with interest at 9% p.a. In this Award, the Tribunal has awarded Rs. 1,00,000/- towards loss of consortium and Rs. 1,00,000/- towards loss of love and affection, to each of the four heirs that he had lift behind. Challenging, the Award, the Insurance Company has preferred this appeal.
3. The learned counsel for the Insurance Company has raised three objections;
a) that as per the ratio in National Insurance Company v. Pranay Sethi [(2017) 16 SCC 680], for loss of consortium only Rs. 40,000/- is liable, whereas the Tribunal has awarded Rs. 1,00,000/-
b) for loss of love and affection, the Tribunal has awarded exorbitant Rs. 4,00,000/- which may have to be revisited by this Court
c) that interest is awarded at 9% p.a. whereas, it may have to be reduced to 7.5% p.a. since the Award was delivered by the Tribunal on 10.04.2017
4. Heard the learned counsel for the respondents.
5. This Court considers that it only needs to interfere with point (a) and (c) as raised by the counsel for the appellant. Accordingly, under the head of loss of consortium, the compensation awarded is reduced to Rs. 40,000/- and the interest is also reduced from 9% to 7.5%. In all other aspects, the Award passed by the Tribunal will stand good.
6. Accordingly, the respondents 1, 2, 4 & 5/claimants are entitled to get the following compensation:
Sl. No. Heads Amount awarded by Tribunal (Rs.) Amount awarded by this Court (Rs.) 1. Loss of Dependency 11,47,500.00 11,47,500.00 2. Loss of Consortium 1,00,000.00 40,000.00 3. Loss of love and affection 4,00,000.00 4,00,000.00 4. Transportion 5,000.00 5,000.00 5. Funeral expenses 25,000.00 25,000.00 6. Loss of estate 5,000.00 5,000.00 Total 16,82,500.00 16,22,500.00
7. In the result, the Civil Miscellaneous Petition is partly allowed. The learned counsel for the Insurance Company submitted that the appellant has deposited the entire Award amount. The Insurance Company is entitled to withdraw such amount out of the Court deposit to the extent indicated in this order. The Tribunal shall deposit the share of the second respondent, who is a minor claimant, in a Fixed Deposit in any one of the Nationalised Banks, which shall be renewed periodically till he attains majority. The first respondent-mother of the minor is permitted to withdraw 50% of the amount interest on the share of his minor children, viz., the second respondent herein, once in three months from the Bank directly. The parents and the widow of the victim are permitted to withdraw such amount out of the amount arrived by this Court in this order in the same proportion in which it has been apportioned between them by the Tribunal. No costs.