High Court · 2025

CMA No. 1465 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1465 of 20251. Rakhi BokariaW/o.Late Sanjaih Bokaria, No.73/56, Alsa Balmoral Apartments, Flat No.A-3, 3rd Floor, Harrington Road, Chetpet, Chennai 31.2. Riddhi BokariaD/o.late Sanjaih Bokria, No.73/56, Alsa Balmoral Apartments, Flat No.A-3, 3rd Floor, Harrington Road, Chetpet, Chennai 31.3. Prayakass BokariaS/o.Late Sanjaih Bokaria, NO.73/56, Alsa Balmoral Apartments, Flat No.A-3, 3rd Floor, Harrington Road, Chetpet, Chennai 31.4. Manjula Devi BokariaW/o.Ranjit Singh Bokaria, NO.73/56, Alsa Balmoral Apartments, Flat No.A-3, 3rd Floor, Harrington Road, Chetpet, Chennai 31.5. Ranjit Singh Bokaria https://www.mhc.tn.gov.in/judis CMA No. 1465 of 2025S/o.late Chainroop Bokaria, NO.73/56, Alsa Balmoral Apartments, Flat No.A-3, 3rd Floor, Harrington Road, Chetpet, Chennai 31.Appellant(s)Vs1. Sri Ganesh Murugan Blue MetalsRep.by Proprietor SF 268, Pudhukkanalli, Karudaiyampalayam Post, Aravakurichi Tk, Karur Dist, Tamil Nadu 639 111.2.National Insurance Company LtdMotor Third Party Claims Office, No.66, Greams Road, Chennai 6.3.G.ArunkumarS/o.Gopal, Adi Dravidar St, Somur, Karur 639 114.Respondent(s)CMA No. 1465 of 2025PRAYERTo set aside the order of the Tribunal dated 26.9.2024 in the Claim Petition MCOP.No. 3034/2022 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.CMA No. 1465 of 2025For Appellant(s):Mr.G. Balaji PrasadFor Respondent(s):Mrs.R.Sreevidhya For R2 https://www.mhc.tn.gov.in/judis CMA No. 1465 of 2025JUDGEMENTThis Civil Miscellaneous Appeal has been filed to set aside the order of the Tribunal dated 26.9.2024 in the Claim Petition MCOP.No. 3034/2022 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.2. On 09.04.2022 at about 16.45 hours, while the deceased was driving his Honda Jazz Car bearing registration No. TN 01 AJ 9222 proceeding from Salem to Kaniyakumari from North to South on Karur – Madurai Bypass Road, he stopped his car on the mud portion at Sadayappa Goundanur in front of Poongodi Tea stall for refreshment at that time lorry bearing registration No. TN 48 AH 1820 driven by its driver in a rash and negligent manner dashed against the deceased due to which the deceased sustained grevious injuries died on the same day. Thereafter, the claimants filed the petition before the tribunal claiming compensation. The second respondent contested the case by filing counter. After considering the oral and documentary evidence the tribunal awarded compensation. Challenging the award passed by the tribunal claimants filed this appeal. https://www.mhc.tn.gov.in/judis CMA No. 1465 of 20253. The learned counsel for the appellant submits that at time of the accident the deceased has stopped his car on the mud portion of the road at Sadayappa Goundanur in front of Poongodi Tea stall for refreshment after having refreshment when he returned to his car, the lorry belongs to the first respondent dashed against the deceased, due to which, he died therefore it is clear that the accident was caused due to the negligence of the driver of the lorry but without considering the above, the tribunal has fixed 20% negligence upon the deceased as if the deceased was negligent at the time of the accident. Further, the tribunal has awarded very meagre amount under others heads. Hence, he prays to enhance the compensation. 4. The learned counsel for the second respondent submits that the deceased was opening the driver's side door without noticing the vehicles approaching from behind. Therefore, there is negligence on the side of the deceased which was rightly appreciated by the tribunal fixed 20% negligence on the part of the deceased needs no interference. https://www.mhc.tn.gov.in/judis CMA No. 1465 of 20255. A perusal of the records, it reveals that after refreshment the deceased was attempting to enter into the car at that time he was hit by the lorry to disprove the same the respondent has not produced any evidence, without which under presumption the tribunal has fixed 20% contributory negligence on the part of the deceased as such is unwarranted and liable to be set aside. 5. In respect of notional income of the deceased, the learned counsel for the claimants argued that the deceased was doing business earned Rs.60,000/- per month and had paid income tax to that effect he produced the income tax returns statement for the year 2019-20, 2020-21/Ex.P8 but without considering the above, the tribunal has erroneously fixed Rs.17,000/- as notional income of the deceased as such is liable to be set aside. 6. On the other side, the learned counsel for the second respondent submits that deceased was said to be doing the real estate business in that business there is no possibility to earn income for entire months. Therefore, the tribunal has rightly fixed Rs.17,000/- as notional income of the deceased which needs no interference. https://www.mhc.tn.gov.in/judis CMA No. 1465 of 20257. Admittedly, the accident was happened in the year 2022 and as per the income tax return statement the deceased earned Rs.60,000/- per month, so also considering the cost of living at the time of the accident this Court is inclined to fix Rs.20,000/- as notional income of the deceased. Accordingly, the claimants are entitled to Rs.21,78,000/- under the head of loss of dependency. As discussed above there is no contributory negligence on the part of the deceased. Except above modification, the award passed by the tribunal under other heads remain unchanged. S.No.HeadsCompensation awarded by the tribunal.Compensation awarded by this Court1.Loss of income/dependencyRs.18,51,300/-Rs.21,75,000/-2.Loss of estateRs.16,500/-Rs.16,500/-3.Loss of consortiumRs.2,20,000/-Rs.2,20,000/-4.Funeral expensesRs.16500/-Rs.16,500/-5.Transportation charges Rs.10,000/-Rs.10,000/-TotalRs.21,14,300/-Rs.24,38,000/-8. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 24,38,000/-. The 2nd respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum https://www.mhc.tn.gov.in/judis CMA No. 1465 of 2025from the date of claim petition to the date of realisation, to the credit of MCOP.No. 3034/2022, on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai., within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).9. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.08-07-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 1465 of 2025CMA No. 1465 of 2025To1.Sri Ganesh Murugan Blue MetalsRep.by Proprietor SF 268, Pudhukkanalli, Karudaiyampalayam Post, Aravakurichi Tk, Karur Dist, Tamil Nadu 639 111.2.National Insurance Company LtdMotor Third Party Claims Office, No.66, Greams Road, Chennai 6.3.G.ArunkumarS/o.Gopal, Adi Dravidar St, Somur, Karur 639 114.4. The Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.5. The Section Officer, V.R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 1465 of 2025T.V.THAMILSELVI J. pblCMA No. 1465 of 2025 08-07-2025