High Court · 2025

CMA.No.991 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated 02.04.2025CORAM:THE HONOURABLE MR.JUSTICE S.SOUNTHARCMA No.991 of 20251. Meenatchi2. Sivakumar ... Appellants Vs.1. Vengadasalam @ Venkatachalam2. M/s United India Insurance Co. Ltd., rep. by its Divisional Office-II, (HUB), 104-A, Peramanoor Main Road, Salem. ... RespondentsPrayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988 to enhance the compensation amount made in MCOP No.218 of 2023 dated 01.02.2024 on the file of the Special District Judge, Motor Accident Claims Tribunal, Salem.For appellants: Mr.S.P.YuvarajFor Respondents: Mr.J.Chandran for second respondent Page 1 of 8 https://www.mhc.tn.gov.in/judis CMA.No.991 of 2025JUDGMENT Not satisfied with the quantum of compensation awarded by the Tribunal, the claimants have come before this court by filing the present appeal.2. It is the case of the claimants that their son Bharadan was riding a two wheeler on the left hand side of Rangampalayam-Anaikkalpalayam Ring Road and when he came near Ramasamy Garden from West to East, a lorry belonging to the first respondent insured with the second respondent came in a rash and negligent manner and hit against the two wheeler. As a result of accident, the son of the claimants sustained grievous injuries and died on the spot. The claimants filed a claim petition before the Tribunal seeking compensation of Rs.40,00,000/-.3. The first respondent owner of lorry remained exparte before the Tribunal. The claim petition was resisted by the second respondent, insurer of the lorry, mainly on the ground that there was no negligence on the part of the first respondent, who had driven the vehicle at the Page 2 of 8 https://www.mhc.tn.gov.in/judis CMA.No.991 of 2025time of accident. It was the case of the insurer that the deceased had driven the vehicle in a rash and negligent manner and caused the accident.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 lorry by the first respondent and fastened liability on the insurer/2nd respondent. The amount payable to the claimants was quantified at Rs.11,45,000/-. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimants have come before this court by filing the instant appeal.5. Both the counsel for the appellants and the second respondents have not advanced any arguments on the points of negligence and liability and hence, the facts necessary to decide those points are not considered in this appeal.6. The learned counsel for the appellants would submit that the Page 3 of 8 https://www.mhc.tn.gov.in/judis CMA.No.991 of 2025deceased was a B.Sc. Information Technology student and the Tribunal committed an error in fixing notional income only at Rs.10,000/- per month, including future prospects. 7. The learned counsel for the second respondent would submit that the claimants have not produced any documentary evidence to prove the earning capacity of the deceased, who was a student at the time of accident and hence, the Tribunal was justified in fixing notional income at Rs.10,000/- per month, including future prospects.8. In order to prove that the deceased was a B.Sc. Information Technology student, a certificate issued by the Erode Arts and Science College was marked as Ex.P5. A perusal of Ex.P5 would indicate that the deceased joined the college on 12.07.2022 in B.Sc. (Information Technology) course and died on 12.08.2022 in the road accident. Taking into consideration the fact that the deceased was a B.Sc. I.T. student and also his potentiality to earn more, date of accident and the prevailing cost of living etc., this court is inclined to fix notional income of the deceased at Rs.19,000/-. As per the Ex.P6 Aadaar card, Page 4 of 8 https://www.mhc.tn.gov.in/judis CMA.No.991 of 2025the age of the deceased was fixed as 20 years by the Tribunal and hence, the claimants are entitled to 40% enhancement towards future prospects. The applicable multiplier is 18. Since the deceased died as a bachelor, 50% should be deducted towards personal expenses of the deceased. Accordingly, loss of dependency is fixed at Rs.28,72,800/- (19,000 x 1.40 x 12 x 18 x 1/2)9. The accident had occurred on 12.08.2022, i.e., after three years from the date of delivering the judgment by the Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others reported in AIR 2017 SC 5157 (31.10.2017). Therefore, 10% enhancement should be given on the conventional heads. Accordingly, the claimants are entitled to Rs.44,000/- each towards filial consortium and a sum of Rs.16,500/- each towards loss of estate and funeral expenses. Therefore, the amount of Rs.40,000/- awarded under the head filial consortium is enhanced to 88,000/-. The compensation of Rs.25,000/- awarded under the head funeral expenses alone is modified as loss of estate and funeral expenses and the said amount is enhanced to Rs.33,000/-. (16500 + 16500).Page 5 of 8 https://www.mhc.tn.gov.in/judis CMA.No.991 of 2025 10. Accordingly, the revised compensation awarded by this Court is tabulated as under:Sl. NoDescriptionAmount awarded by Tribunal (Rs)Amount awarded by this Court (Rs)Award confirmed or enhanced or granted1.Loss of Dependency10,80,00028,72,800enhanced2.Loss of filial consortium 40,00088,000enhanced3.funeral expenses and Loss of estate25,00033,000enhanced Total11,45,00029,93,800enhanced by Rs.18,48,80011. With the above modifications, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.11,45,000/- is hereby enhanced to Rs.29,93,800/- together with interest at 7.5% per annum from the date of claim petition till the date of deposit. The claimants are directed to pay applicable court fee on the enhanced compensation amount now determined by this court.12. The second respondent is directed to deposit the compensation amount now determined by this Court, along with Page 6 of 8 https://www.mhc.tn.gov.in/judis CMA.No.991 of 2025interest and costs, less the amount already deposited, if any, within a period 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.02.04.2025Index:Yes/NoSpeaking order: Yes/NoNeutral citation : Yes/NomstTo1. The Special District Court, Motor Accident Claims Tribunal, Salem.2. The Section Officer, V.R.Section, Madras High Court.Page 7 of 8 https://www.mhc.tn.gov.in/judis CMA.No.991 of 2025S.SOUNTHAR, J.mstCMA No.991 of 202502.04.2025 Page 8 of 8