Mr.Ramya v. RaoFor

CMA No. 810 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 810 of 20241. M.Maharani2. M.GunadeviAppellantsVs1. A.Elangovan2.The ManagerCholamandalam MS Gen.Ins.Co.Ltd. II Floor, Shaw Wallance Building, 154, Thambu Chetty Street, Parrys Corner, Chennai 001RespondentsPRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicle Act, praying to allow the appeal and enhance the compensation in MCOP No. 4389 of 2018 on the file of the Motor Accidents Claims Tribunal / Special District Judge II, Cuddalore.1/8 https://www.mhc.tn.gov.in/judis CMA No. 810 of 2024For Appellants:Mr.Ramya V. RaoFor Respondents:Mrs.R.Sree Vidhya For R2 R1 - Notice Dispensed WithJUDGMENTChallenging the impugned award passed by the tribunal in MCOP.No.4389 of 2018, the appellants/petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation. 2. The appellants are widowed mother and unmarried sister of deceased M.Ramadoss. The case of appellants is that when the deceased was riding a Hero Splendor pro motor cycle bearing Regn. No. TN-22 CK-0808 from Singaperumalkoil to Mathur, nearby Thirukachr Malaisivankoil, at that time, the driver of Tourister Maxi Cab bearing Regn. No. TN-19-b-2649 drove it in a rash and negligent manner overtook the motorcycle and suddenly stopped in front of deceased two wheeler without any signal and on seeing the same, the deceased tried to stop his vehicle, but inspite of it, it was dragged on and unavoidably hit behind the 1st respondent's vehicle. Due to which, the deceased sustained head injury as well as multiple grievous injuries all over the body, for which he underwent treatment in the hospital, but he died inspite of treatment. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.50,00,000/-.2/8 https://www.mhc.tn.gov.in/judis CMA No. 810 of 20243.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.19,29,000/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Loss of income20,56,3202.Loss of filial consortium to 1st claimant44,0003.Funeral expenses and loss of estate33,0004.Transport expenses10,000Total compensation awarded (by adding Sl. Nos. 1 to 4)21,43,3204.The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 5. The learned counsel for appellants would argue that the accident was happened in the year 2018 and the deceased had completed B.Com.Degree and working as Asst. Accountant in Ohm Bhuvaneswari Enterprises, Chennai, thereby earned a sum of Rs.20,000/-, but without considering the same and also 3/8 https://www.mhc.tn.gov.in/judis CMA No. 810 of 2024without considering cost of living at that time, the tribunal had fixed the notional income as Rs.13,600/-. Hence, they prayed for enhancement of compensation.6. The learned counsel for 2nd respondent raised objections stating that the deduction considered by the tribunal as such is sustainable. Hence, the Tribunal had rightly fixed the notional income as Rs.13,600/-, which needs no interference.7. Heard rival submissions of both learned counsel for appellants and 2nd respondent and perused the materials available on record. 8. On seeing the facts, it reveals that the accident was happened in the year 2018 and the deceased had completed B.Com.Degree and working as Asst. Accountant in Ohm Bhuvaneswari Enterprises, Chennai, thereby earned a sum of Rs.16,000/-, to that effect, pay slip was marked under Ex.P19, however, except the house rent allowance, other allowances are sustainable one. Therefore, this Court is inclined to enhance the notional income of the deceased M.Ramadoss from Rs.13,600/- to Rs.15,000/-. 9. Furthermore, the Tribunal has granted only a sum of Rs.40,000/- under the head of 'Loss of filial consortium to 1st appellant'. However, the legal heirs of deceased are his widowed mother and unmarried sister. But, learned counsel for 2nd respondent raised objections stating that there is no proof for the fact that 4/8 https://www.mhc.tn.gov.in/judis CMA No. 810 of 2024his sister is unmarried. Considering her submissions, this court is inclined to enhance compensation awarded under this head as Rs.80,000/-(Rs.40,000/- x 2). 10. On further perusal of award, the fact reveals that the deceased sustained head injury, but there is no evidence that he was not wore helmet at the time of accident. To that effect, there is no findings rendered by the tribunal. Therefore, the 10% of contributory negligence is ordered to be deleted. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.11.In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:S.NoCompensation awarded under the headAmount awarded by the tribunal(in Rs.)Amount(in Rs.)Award confirmed or granted or enhanced1.For loss of income Rs.15,000/- (add 40% future prospects)= 15000 + 6000 =2100021000 x 12 x 18 (multiplier) = 45,36,000 – 1/2 = 22,68,00020,56,32022,68,000enhanced2.Loss of consortium 40,00080,000enhanced3.Funeral expenses and loss of estate33,00030,000reduced4.Transportation expenses10,00010,000confirmedTotalLess : 10% contributory negligenceNet compensation21,43,3202,14,33219,29,00023,88,000nilenhanced5/8 https://www.mhc.tn.gov.in/judis CMA No. 810 of 202412. Accordingly, the compensation awarded by the tribunal at Rs.19,29,000/- is enhanced to Rs.23,88,000/-. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. The second respondent insurance company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of eight weeks from the date of receipt of copy of this judgment. On such deposit of the enhanced compensation amount now determined by this Court, the appellants 1 and 2 are entitled to share the amount proportionately as ordered by the Tribunal and the appellants 1 and 2 are permitted to withdraw the enhanced award amount along with interest and costs, less the amount if any, already withdrawn.13.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. 08-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Norpp6/8 https://www.mhc.tn.gov.in/judis CMA No. 810 of 2024To1. Motor Accident Claims Tribunal, Special District Court No.II, Cuddalore.2. Section Officer, VR Section, Madras High Court. 7/8 https://www.mhc.tn.gov.in/judis CMA No. 810 of 2024T.V.THAMILSELVI J.rppCMA No. 810 of 2024 08-08-20258/8