High Court · 2025

C.M.A No.777 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.08.2025CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.777 of 20241.R.Muthulatchumi2.R.Sakthivel3.S.Kamatchi ... AppellantsVs.1.R.S.Mugesh Raj2.The Divisional ManagerNational Insurance Co. LtdDO No.110, JN StreetPuducherry-605 001. ... RespondentPRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, as against the judgment and decree dated 16.02.2024 made in M.C.O.P No.4374 of 2018 on the file of the Motor Accidents Claims Tribunal/ Special District Court-II, Cuddalore. For Appellants : Mr.Ramya V.Rao For Respondents: Mr.S.Senthil Kumar for R2JUDGMENT1 of 8 https://www.mhc.tn.gov.in/judis C.M.A No.777 of 2024The appellants have filed this appeal against the Decree and Judgment dated 16.02.2024 passed in M.C.O.P.No.4374 of 2018, by the Motor Accident Claims Tribunal/ Special District Judge No.II, Cuddalore. 2. The brief facts of the case of the appellants/claimants are as follows:On 09.07.2018 at about 12.00 hours, when the deceased was walking with his bicycle from South to North keeping extreme left of Chidambaram to Cuddalore Main Road, near the house of Radhakrishnan, Kattuvarayankurichi, the 1st respondent's Hero Passion Pro motor-cycle Regn. No.TN-91-E-0480 came from behind at a great speed, in a rash and negligent manner and without making horn and dashed against the deceased and his bicycle, in which the deceased sustained fatal injuries and he died after treatment. Hence, the legal heirs of the deceased had filed a claim petition before the Tribunal seeking compensation for a sum of Rs.30,00,000/-. 3. Upon considering the oral and documentary evidence, the 2 of 8 https://www.mhc.tn.gov.in/judis C.M.A No.777 of 2024Tribunal partly allowed the claim petition and awarded a sum of Rs.6,50,200/- as compensation, directed the second respondent to pay the said amount to the appellants along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation.4. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellants (claimants) have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.5.The learned counsel for the appellants submitted that the deceased was working as Coolie and was considerably earning more than Rs.15,000/- per month. But without considering the same, the Tribunal has fixed only Rs.6,000/- towards the monthly income of the deceased. Hence prays to enhance the compensation by allowing this petition.6. On the other hand, the learned counsel appearing for the 2nd respondent contended that the appellants have not produced any salary particulars of the deceased before the Tribunal and hence, the Tribunal had rightly fixed the notional income and the award passed by the 3 of 8 https://www.mhc.tn.gov.in/judis C.M.A No.777 of 2024Tribunal is based on well-settled principles of law applicable at the time of the order, and therefore, it need not be interfered.7. Heard the learned counsel on either side and perused the materials available on record. 8. On an analysis of the award of the Tribunal would go to show that the Tribunal has awarded Rs.4,75,200/- for loss of dependency; Rs.44,000/- towards loss of spousal consortium to the 1st claimant; Rs.88,000/- towards loss of filial consortium to 2nd 3rd claimants; Rs.33,000/- towards funeral expenses and loss of estate and Rs.10,000/- towards transport expenses. 9. On perusal of records would reveal that the accident was happened in the year 2018; the deceased was employed as coolie and he was aged about 60 years. But, there is no proof to show that the deceased was earning Rs.15,000/-. In the absence of material evidence, the Tribunal fixed a sum of Rs.6,000/- as monthly income of the deceased, who died in the accident that had occurred in the year 2018, which is meager. However, the rise in cost of living and other related factors, it 4 of 8 https://www.mhc.tn.gov.in/judis C.M.A No.777 of 2024would be appropriate to fix a sum of Rs.14,000/- towards monthly income of the deceased. Accordingly, the loss of income is modified as follows:CalculationNotional Income = Rs.14,000/-10% Future Prospects = 14,000 + 1,400 = 15,400/-After 1/3 deduction = 15,400 – 5,133/- = Rs.10,267/- Loss of dependency = Rs.10,267 x 12 x 9= Rs. 11,08,836/-The compensation awarded under the other heads are reasonable and does not require interference of this Court.10. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced 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 Dependency 4,75,200/-11,08,836/-/-2.Loss of Spousal consortium to 1st claimant44,000/-44,000/-3.Loss of filial consortium to the 2nd 88,000/-88,000/-5 of 8 https://www.mhc.tn.gov.in/judis C.M.A No.777 of 2024& 3rd claimants4.Funeral Expenses and Loss of Estate 33,000/-33,000/- 5Transport Expenses10,000/-10,000/- TotalRs.6,50,200/-Rs.12,83,836/-rounded off to Rs.12,83,840/-Thus, the compensation awarded by the Tribunal is enhanced from Rs.6,50,200/- to Rs.12,83,840/-, which shall carry interest at the rate of 7.5% per annum.11. In the result:i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs.ii. The compensation awarded by the Tribunal is enhanced from Rs.6,50,200/- to Rs.12,83,840/-.iii. The appellants/claimants are directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee.iv. The second respondent/Insurance Company, is directed to deposit the enhanced compensation amount, i.e., Rs.12,83,840/-, (after deducting the amount already deposited), together with interest at the rate 6 of 8 https://www.mhc.tn.gov.in/judis C.M.A No.777 of 2024of 7.5% per annum from the date of the claim petition till the date of deposit, to the credit of M.C.O.P.No.4374 of 2018 on the file of the Special District Judge No.II, Motor Accident Claims Tribunal, Cuddalore, within a period of eight weeks from the date of receipt or uploading of a copy of this order. v. On such deposit being made, the appellants/claimants are at liberty to withdraw the same as per the ratio of apportionment fixed by the Tribunal, after following due process of law.vi. The appellants/claimants shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 19.08.2025Index:Yes/NoSpeaking/non Speaking orderNeutral Case citation: yes/noumaT.V.THAMILSELVI , J. umaTo7 of 8 https://www.mhc.tn.gov.in/judis C.M.A No.777 of 20241. The Motor Accidents Claims Tribunal/Special District Judge No.II, Cuddalore2. The Divisional ManagerNational Insurance Co. LtdDO No.110, JN StreetPuducherry-605 001.3. The Section Officer, V.R. Section, High Court of Madras. C.M.A.No.777 of 202419.08.20258 of 8