High Court · 2025

CMA.No.1255 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDated 27.03.2025CORAM:THE HONOURABLE MR.JUSTICE S.SOUNTHARCMA No.1255 of 20231. Murugan2. Selvi ... Appellants Vs.1. J.John Dhilip2. The Superintendent of Police, Office of Superintendent of Police, The Nilgiris ... RespondentsPrayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988 to enhance the compensation awarded in judgment and decree dated 27.01.2021 in MCOP No.2/2018 on the file of the Special District Judge, Motor Accident Claims Tribunal, The Nilgiris.For appellants: Ms.D.Jeevitha for Mr.R.NalliyappanFor Respondents: Mr.C.Sathish, Government Advocate for second respondent Page 1 of 8 https://www.mhc.tn.gov.in/judis CMA.No.1255 of 2023JUDGMENT Not satisfied with the quantum of compensation awarded by the Tribunal, the claimants have come before this court by filing the present appeal.2. According to the claimants, their son namely, Udayakumar was riding a Yamaha Motorcycle on 14.07.2014 on the extreme left hand side of the road with moderate speed along with a pillion rider. When he crossed a bus, which was parked facing direction towards Ooty at Ketti Shortcut Bus stop, a car belonged to the second respondent was driven by the first respondent in a rash and negligent manner and dashed against the two wheeler of the deceased. As a result of accident, the deceased sustained grievous injuries and later he died in the hospital. According to the claimants, the deceased had completed his Bachelor of Engineering course and they filed a claim petition seeking compensation of Rs.20,00,000/- before the Tribunal. 3. The second respondent filed counter denying the manner of the accident as described in the claim petition and according to him, Page 2 of 8 https://www.mhc.tn.gov.in/judis CMA.No.1255 of 2023the accident had occurred only due to the rash and negligent driving of the motorcycle by the deceased.4. The Tribunal, based on the evidence available on record, came to the conclusion that the accident had occurred only due to the rash and negligent driving of the vehicle by the first respondent and quantified the compensation payable to the claimants at Rs.12,39,600/-. Not satisfied with the quantum of compensation, the claimants have filed the present appeal.5. The learned counsel for the appellants/claimants would submit that having regard to the educational qualification of the deceased, the amount of Rs.8,000/- fixed by the Tribunal as notional income is very much on lower side. 6. The learned counsel for the second respondent would submit that as per Ex.P10, Transfer certificate, the claimant was a 7th semester student of B.E. Computer Science and therefore, the Tribunal was justified in fixing notional income at Rs.8,000/- per month.Page 3 of 8 https://www.mhc.tn.gov.in/judis CMA.No.1255 of 20237. Both the counsel for the appellants and the second respondent have not advanced any arguments on the questions of negligence and liability and therefore, the facts necessary for fixing negligence and liability have not been considered in the present appeal.8. A perusal of Ex.P10 -Transfer Certificate and Ex.P11- Bonafide Certificate would indicate that the deceased was a 7th Semester Student of B.E. Computer Science at the time of accident. Therefore, there was every possibility of deceased getting a good job with decent salary, immediately after finishing the B.E. Computer Science course. However, Ex.P11 Bonafide certificate issued by the College would indicate that the deceased failed to complete his B.E. course within the stipulated period due to the lack of attendance and he was re-admitted in the academic year 2014-2015. Therefore, it is clear that the deceased could not be termed as a bright student, having excellence in the academics. However, considering the facts and circumstances of the case and also the date of accident, this court is inclined to fix notional income of the deceased at Rs.15,000/- per month. At the time of accident the deceased was 21 years, as per Page 4 of 8 https://www.mhc.tn.gov.in/judis CMA.No.1255 of 2023Ex.P10 Transfer certificate and hence, 40% enhancement shall be given towards Future Prospects and the proper multiplier to be adopted is 18. At the time of accident, the deceased was a bachelor and hence, half of the amount shall be deducted towards his personal expenses. Accordingly, the claimants are entitled to a sum of Rs.22,68,000/- (15000 x 1.40 x 12 x 18 x 1/2] towards loss of dependency. 9. In addition to the above said compensation, the claimants are entitled to Rs.40,000/- each towards filial consortium. 10. The amount awarded by the Tribunal under the heads Funeral Expenses and Loss of estate are in accordance with the law settled by the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others reported in AIR 2017 SC 5157 and hence, the same are confirmed.11. Accordingly, the revised compensation awarded by this Court is tabulated as under:Page 5 of 8 https://www.mhc.tn.gov.in/judis CMA.No.1255 of 2023Sl. NoDescriptionAmount awarded by Tribunal (Rs)Amount awarded by this Court (Rs)Award confirmed or enhanced or granted1.Loss of Dependency12,09.60022,68,000enhanced2.Loss of filial consortium---80,000granted3.Loss of estate15,00015,000confirmed4.Funeral expenses15,00015,000confirmed Total12,39,60023,78,000enhanced by Rs.11,38,40012. With the above modifications, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.12,39,600/- is hereby enhanced to Rs.23,78,000/- together with interest at 7.5% per annum from the date of claim petition till the date of deposit (excluding the delay period of 282 days as per order in CMP No.5823 of 2023). The appellants are directed to pay applicable court fees on the enhanced compensation now determined by this court.13. The second respondent is directed to deposit the compensation amount now determined by this Court, along with interest and costs, less the amount already deposited, if any, within a Page 6 of 8 https://www.mhc.tn.gov.in/judis CMA.No.1255 of 2023period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the claimants shall be permitted to withdraw the compensation amount along with interest and costs, less the amount if any, already withdrawn, by making formal application before the Tribunal. There shall be no order as to costs.27.03.2025Index:Yes/NoSpeaking order: Yes/NoNeutral citation : Yes/NomstTo1. The District Judge Motor Accident Claims Tribunal, The Nilgiris.2. The Section Officer, V.R.Section, Madras High Court.Page 7 of 8 https://www.mhc.tn.gov.in/judis CMA.No.1255 of 2023S.SOUNTHAR, J.mstCMA No.1255 of 202327.03.2025 Page 8 of 8