Judgment · High Court
Case at a glance
Outcome
Partly allowed
In the result, (i) The Civil Miscellaneous Appeal stands partly allowed
Provisions considered
- Motor Vehicles Act, 1988 ss. 166, 173
Key paragraphs
- Para 77. It has come on record through the evidence of P.W.1 that the deceased Marimuthu was doing agriculture as well as vegetable business Page No.3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025and was earning a sum of Rs.30,000/- p.m. To substantiate the said details, no document was marked.…
Judgment
C.M.A.No.3167 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 09.01.2026CORAMTHE HONOURABLE MRS. JUSTICE R. KALAIMATHIC.M.A.No.3167 of 20251.Maheswari2.Asha3.Minor Pooja4.Minor Salamma5.RangammaMinors/petitioners no.3 and 4 are represented by their sister/first petitioner Maheswari ...Appellants vs.
A.S.Moula2. The Manager, United India Insurance Company Limited, Durgabhavani Square, Opp to Railway Station, Denkanikottai Road, Hosur, Krishnagiri - 635 109. ...RespondentsPRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 05.09.2024 made in M.C.O.P.No.856/2022 on the file of Motor Accident Claims Tribunal / the Special District Court, Krishnagiri. For Appellants : Mr.Mukund R.PandiyanFor R-2: Mr.C.ParanthamanPage No.1/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025JUDGMENTThis Civil Miscellaneous Appeal has been preferred against the Award dated 05.09.2024 passed in M.C.O.P.No.856/2022 on the file of the Special District Court (MACT), Krishnagiri, for enhancement of compensation.
The parties are indicated herein as per their litigative status and ranking before the Tribunal.
Claim Petition was filed under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.50,00,000/- for the death of Marimuthu S/o.Kuppanna, who died due to the road traffic accident that occurred on 17.01.2022.
The Tribunal upon consideration of the evidence and after hearing arguments advanced by either side, granted compensation of Rs.21,43,000/- with interest at the rate of 7.5% p.a from the date of petition and the amounts granted under different heads are given hereunder: Page No.2/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025S.NoHeadAmount1.For loss of dependencyRs.18,90,000/-2.For loss of estateRs. 16,500/-3.For funeral expensesRs. 16,500/-4.For loss of consortiumRs. 2,20,000/-5. The Learned Counsel for the appellants/claimants would vehemently argue that the deceased, who was a vegetable vendor and was aged about 43 years at the relevant point of time, was earning a sum of Rs.30,000/- p.m. However, the Tribunal fixed the notional income of the deceased at Rs.12,000/-, which is less and sought for enhancement of compensation.
Per contra, the Learned Counsel for the Second Respondent/Insurance Company would strenuously contend that taking into account the age, avocation and other attending circumstances, the amounts awarded under different heads by the Tribunal are quite reasonable and sought for confirmation of the same.
It has come on record through the evidence of P.W.1 that the deceased Marimuthu was doing agriculture as well as vegetable business Page No.3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025and was earning a sum of Rs.30,000/- p.m. To substantiate the said details, no document was marked. As per Ex.P11/Postmortem Certificate, age of the deceased is taken as 43 years at the relevant point of time. Date of accident is 17.01.2022. In consideration of the aforesaid details, the notional income of the deceased is taken as Rs.17,000/- p.m. As per the law laid down by the Hon'ble Supreme Court in National Insurance Co. Ltd., v. Pranay Sethi and others reported in 2017 (2) TN MAC 609 (SC), the Hon'ble Apex Court has standardised the details of future prospects to be added with notional income while computing the loss of dependency. For the persons, who are not in permanent job and for between the age group of persons of 40-50 years, 25% has to be added as future prospects.
As held in Sarala Varma -vs- Delhi Transport Corporation and another, reported in 2009(2) TNMAC 1 (SC), the relevant multiplier is 14 M. The claimants are five in number (daughters (4 in number) and mother). Therefore, for deduction of personal and living expenses, 1/4 is to be deducted. For computing loss of dependency, following formula emerges: Rs.17,000/- + 25% - 1/4 x 12 x 14 M = Rs.26,77,416/-8. As regards the other heads, the amounts awarded by the Tribunal appears to be reasonable and acceptable, it does not warrant any Page No.4/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025interference by this Court. The amounts awarded by this Court as mentioned supra, after rework, are tabulated hereunder:S. NoDescriptionAmount awarded by TribunalAmount awarded by this CourtAward confirmed or enhanced or granted or reduced1For loss of dependencyRs.18,90,000/-Rs.26,77,416/-enhanced2For loss of estateRs16,500/-Rs.16,500/-confirmed3For funeral expensesRs.16,500/-Rs.16,500/-confirmed4For loss of consortiumRs.2,20,000/-Rs.2,20,000/-confirmedTotalRs.21,43,000/-Rs.29,30,416/-Rounded off Rs.21,43,000/-Rs.29,30,400/-Enhanced by Rs.7,87,400/-9.
Operative part
In the result, (i) The Civil Miscellaneous Appeal stands partly allowed. No costs. (ii) The compensation awarded by the Tribunal is enhanced from Rs.21,43,000/- to Rs.29,30,400/-.(iii) The second respondent/Insurance Company is directed to deposit the enhanced compensation amount i.e.,Rs.29,30,400/- (less the amount already deposited, if any) along with interest at 7.5% p.a. from the Page No.5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025date of claim petition till the date of realisation to the credit of M.C.O.P.No.856 of 2022 on the file of the Motor Accident Claims Tribunal / Special District Court, Krishnagiri, within a period of eight (8) weeks from the date of receipt of a copy of this Judgment. (iv) On such deposit being made, the first appellant is entitled to receive Rs.8,25,000/-, the appellants 2 to 4 are entitled to Rs.6,60,000/- each and the fifth appellant is entitled to receive Rs.1,25,400/-. The claimants/appellants 1, 2 and 5 are permitted to withdraw their share of the award amount with interest, after deducting the amount, if any, already withdrawn, by filing necessary application before the Tribunal.
(v) The share of the minors/appellants 3 and 4 shall be deposited in any one of the nationalized banks in an interest bearing Fixed Deposit Scheme, initially for a period of three years, renewable thereafter, till the minors attain majority and the first appellant, who is the sister of the minors, Maheswari, is permitted to withdraw interest once in three months from the said amount and utilise the same for the welfare of the minor claimants/appellants 3 and 4.(vi) The claimants are directed to pay the Court fee for the enhanced compensation amount, if required. Page No.6/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025(vii) The Tribunal below shall disburse the amount upon production of the certified copy showing proof of payment of Court fee by the claimants. 9.01.2026 Index: Yes/No (1/2)Internet: Yes/NoSpeaking Order/Non-Speaking OrderNeutral Citation Case: Yes/NoapdTo1.The Judge, Motor Accident Claims Tribunal / Special District Court, Krishnagiri.2. The Section Officer, VR Section, High Court, Madras. Page No.7/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3167 of 2025R.KALAIMATHI, J.apdC.M.A.No.3167 of 202509.01.2026(1/2)Page No.8/8
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, (i) The Civil Miscellaneous Appeal stands partly allowed
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — ss. 166, 173.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.