High Court · 2025

CMA No. 1705 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1705 of 2023andCMP.No.16700 of 20231. Universal Sompo General Insurance Company LimitedOffice at Faridabad 1st Floor, SCF-2, Sector 35, Ashoka Enclave 1, Faridabad, Hariyana-121 003.Appellant(s)Vs1. Shaida KatoonW/o. Abdul Majid, Ward No.2, Dhanauji Village and Post, Pakri Dayal Taluk, East Chaniparan District, Bihar-945 428. Now residing at Wahab Nagar-2, Rayakotta Road, Krishnagiri Taluk and District.2.Abdul MajidS/o. Jaffar Miyan, Ward No.2, Dhanauji Village and Post, Pakri Dayal Taluk, East Chaniparan District, Bihar-945 428. Now residing at Wahab Nagar-2, Rayakotta Road, Krishnagiri Taluk and District.3.Nasir HusssainS/o. Abdul Majid, Ward No.2, Dhanauji Village and Post, Pakri Dayal Taluk, East Chaniparan District, Bihar-945 428. Now residing at Wahab Nagar-2, Rayakotta Road, Krishnagiri Taluk and https://www.mhc.tn.gov.in/judis CMA No. 1705 of 2023District.4.Minor Aarif AlamS/o. Abdul Majid, Rep. by their Next Friend and Mother 1st Petitioner Shaida Katoon, Ward No.2, Dhanauji Village and Post, Pakri Dayal Taluk, East Chaniparan District, Bihar-945 428. Now residing at Wahab Nagar-2, Rayakotta Road, Krishnagiri Taluk and District.5.Minor Aabid HussainS/o. Abdul Majid, Rep. by their Next Friend and Mother 1st Petitioner Shaida Katoon, Ward No.2, Dhanauji Village and Post, Pakri Dayal Taluk, East Chaniparan District, Bihar-945 428. Now residing at Wahab Nagar-2, Rayakotta Road, Krishnagiri Taluk and District.6.Minor Mohammed MasumS/o. Abdul Majid, Rep. by their Next Friend and Mother 1st Petitioner Shaida Katoon, Ward No.2, Dhanauji Village and Post, Pakri Dayal Taluk, East Chaniparan District, Bihar-945 428. Now residing at Wahab Nagar-2, Rayakotta Road, Krishnagiri Taluk and District.(Minor respondents 4 to 6 are represented by their Next Friend and mother 1st respondent Shaida Katoon)7.Dot Truckers LimitedNo.1, K.M. Sikri Pyala Road, Ballabgarh, Faridabad, Hariyama-121 004Respondent(s)PRAYERCivil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, https://www.mhc.tn.gov.in/judis CMA No. 1705 of 20231988, prays to set aside the Judgement and Decree dated 09.06.2020 passed in MCOP No.1362 of 2018 on the file of the Motor Accident Claims Tribunal/Sessions Judge (FTMC) Krishnagiri.For Appellant(s):Mr.B.Siva KollapanFor Respondent(s):No AppearanceJUDGMENTThe appellant has filed this appeal against the award passed in MCOP.No.1362 of 2018 on the file of the Motor Accident Claims Tribunal /Sessions Judge (FTMC) Krishnagiri, dated 09.06.2020.2. On considering the oral and documentary evidence, the Tribunal allowed the claim petition and awarded a sum of Rs.16,48,740/- as compensation, directing the appellant / 2nd respondent to pay the said amount to the claimants, along with interest at the rate of 7.5% per annum from the date of the petition till the date of realization.3. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant (Insurance company) has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988. https://www.mhc.tn.gov.in/judis CMA No. 1705 of 20234. The learned counsel appearing for the appellant contended that the Tribunal had fixed the monthly income of the deceased at Rs.8,500/-especially, when no proof of income was filed by the claimants. He further contended that the monthly income of the deceased should be reduced and, accordingly, the compensation awarded by the Tribunal should be scaled down.5. The deceased was working as a load man. However, no documentary evidence was adduced by the claimants to substantiate their claim that the deceased was earning a sum of Rs.20,000/- per month as mentioned in their claim petition. In the circumstances, considering the accident of the year 2018, this Court is of the opinion that fixing the notional monthly income of the deceased at Rs.12,000/- would meet the ends of justice. 6. As per the decision of the Hon'ble Supreme Court in National Insurance Co. vs Pranay sethi and others, reported in 2017 (2) TNMAC 601, 40% is to be added towards future prospects of the deceased. The deceased died, leaving behind the appellants, who are his legal heirs of the deceased. The deceased was aged 20 years at the time of the accident, unmarried man. Hence, 1/2 of the income is to be deducted towards the deceased's personal expenses. As per the decision rendered in Sarla Verma and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, the proper multiplier https://www.mhc.tn.gov.in/judis CMA No. 1705 of 2023to be adopted in the instance case is 17. The compensation awarded under the other heads by the Tribunal is confirmed. 7. CalculationNotional Income = Rs.12,000/-40% Future Prospects = 12,000 +4,800 = 16,800/-After 1/2 deduction = 16,800 – 8,400 = Rs.8,400/-Loss of dependency = Rs.8,400 x 12m x 17= Rs.17,13,600/-8. The following tabular column sets out the amounts awarded by the Tribunal and the revised amounts awarded by this Court under various heads:Sl. NoHeadsAmount (in Rs.) awarded by the TribunalAmount (in Rs.) awarded by the High Court1.Loss of dependency16,18,74017,13,6002.Loss of estate15,00015,0003.Funeral expenses15,00015,000Total16,48,74017,43,600Thus, the compensation awarded by the Tribunal is enhanced from Rs.16,48,740/- to Rs.17,43,600/-, which shall carry interest at the rate of 7.5% per annum.9. In the result, (i) The Civil Miscellaneous appeal is partly allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.(ii) The compensation awarded by the tribunal is enhanced from https://www.mhc.tn.gov.in/judis CMA No. 1705 of 2023Rs.16,48,740/- to Rs.17,43,600/-.(iii) The appellant / M/s.Universal Sampo General Insurance company Limited, Hariyana-121 003, is directed to deposit the revised compensation amount of Rs.17,43,600/- together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit (less the amount already deposited by them), within a period of eight weeks from the date of receipt of a copy of this order.(iv) On such deposit being made by the appellant/ M/s.Universal Sampo General Insurance company Limited, Hariyana-121 003, the respondents 1 to 3 / claimants 1 to 3 are at liberty to withdraw their shares as per the apportionment made by the Tribunal, after following due process of law. The respondents 4 to 6, who are minors, and represented by their mother / the 1st respondent, shall have their shares of compensation amount, as per the apportionment made by the Tribunal, be deposited in any one of the Nationalized Banks till they attains majority.11-07-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorriTo1. The Motor Accident Claims Tribunal /Sessions Judge (FTMC) Krishnagiri.2.The Section Officer, VR Section, https://www.mhc.tn.gov.in/judis CMA No. 1705 of 2023 High Court of Madras. https://www.mhc.tn.gov.in/judis CMA No. 1705 of 2023T.V.THAMILSELVI J.rriCMA No. 1705 of 2023andCMP.No.16700 of 2023 11-07-2025