Court increases compensation to deceased techie’s kin to ₹69 lakh

Sureshkumar.K@timesgroup.com

Chennai:  06.01.2019

Adopting a humane approach and dispensing with formalities, the Madras high court has suo motu increased the compensation awarded for the death of a software engineer from ₹50.85 lakh to ₹69 lakh.

Trashing an insurer’s challenge to the ₹50.85 lakh compensation awarded by a motor accidents claims tribunal, a division bench of Justice N Kirubakaran and Justice Krishnan Ramaswamy said no principle of natural justice would be violated if a beneficial order was passed without notice to the party concerned.

“Only when non-compliance of principles of natural justice causes prejudice or violates the rights of the opposite party, the entire proceedings are vitiated. Whereas, when the opposite party is to be benefited by an order, there is no necessity to issue notice to the said party and the affected party need not be present before this court. What is needed is humane approach,” the bench said.
S Makesh, an engineer and senior lead designer in a private company earning ₹35,375 a month, was killed in an accident on Tiruvallur High Road on October 9, 2010. On September 15, 2017, allowing the claim plea moved by Makesh’s wife Sudha, her children and parents, the Poonamallee Motor Accident Claims Tribunal passed an order granting ₹50.85 lakh. Challenging the order, the company which insured the lorry that caused the accident filed the present appeal in the high court.

Dismissing an appeal at the admission stage, and without notice to the family of the deceased, the bench said: “In this case, though the insurance company filed appeal against the award of ₹50.85, this court suo motu enhanced the compensation to the claimants to ₹69 lakh, without notice to the claimants, while dismissing the insurance appeal at the admission stage.”

The bench noted that benefit could be given, even exparte, in the absence of the opposite party in the proceedings — especially in claims regarding the Motor Vehicles Act — when the proceedings are brought before the court by insurance companies. Similarly, while dismissing the appeal filed by the insurance companies, the court has the power and jurisdiction to enhance the compensation by re-appreciating the evidence on record when the tribunal does not award just compensation to the victims of the road traffic accidents, the bench added.

A division bench trashed an insurer’s challenge to the ₹50.85 lakh compensation awarded by a tribunal, saying no principle of natural justice would be violated if a beneficial order is passed without notice to the party concerned