High Court · 2025
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CMA No. 1545 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1545 of 20251. Latha2. Minor R.Naveenkumar2nd Appellant minor rep by natural guardian 1st petitioner mother R.Latha3. K.PushpaAppellantsVs1. J.Janarthanan2.United India Insurance Company LtdRegional Office, Silingi Buildings, New No. 134, Old No. 40-42, Greems Road, Chennai 006RespondentsPRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicle Act, praying to enhance the award against the Judgment and Decree dated 21.01.2025 in MCOP No. 4113 / 2023 on the file of MACT / Special Sub Court No.1, Small Causes Court in Chennai.1/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025For Appellant(s):Mr.A.SathishkumarFor Respondent(s):Mr.S.Dhakshnamoorthy For R2JUDGMENTChallenging the impugned award passed by the tribunal in MCOP.No.4113 of 2023, the appellants/petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation. 2. The appellants are wife, son and mother of deceased K.Ravikumar. The case of appellants is that on 12.07.2023 at about 05.30 hours, when the deceased was riding a two wheeler bearing Regn. No. TN-45 AQ-0543 from Padappan to SP Kovil for his work at Walajabath road near Padappai TVS Mobility, at that time, the driver of lorry bearing Regn. No. N-01 AL-7663 suddenly taken reverse in a rash and negligent manner, dashed the deceased two wheeler and caused an accident. 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.45,00,000/-.3.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 2/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025accident had taken place only due to the rash and negligent driving on the part of the driver/1st respondent herein. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.17,19,000/- after deducting 10% of contributory negligence under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Loss of dependency17,55,0002.Loss of consortium1,20,0003.Loss of estate15,0004.Funeral expenses15,0005.Transport charges5,000Total compensation awarded (by adding Sl. Nos. 1 to 5)19,10,000Less :- 10% towards contributory negligence1,91,000Net Compensation17,19,0004.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 2023 and the deceased worked as salesman in Indian Oil Petrol Bunk, to that effect, Ex.P11 salary certificate was produced to show that the deceased had received the salary of Rs.20,200/-, but without considering the 3/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025same, the tribunal had fixed the notional monthly income at Rs.13,500/-. Hence, they prayed for enhancement of compensation.6. The learned counsel for 2nd respondent raised objections stating that the tribunal has rightly considered the salary certificate produced by them, but it is not supported with any other material evidence and also not established the fact that the deceased was in employment in the said petrol bunk nor produced any identity card. Hence, the tribunal has not applied the multiplier and fixed a sum of Rs.13,500/- as his notional monthly income. He would also submit that the driving license of deceased was produced, but it was not renewed at the time of accident. Therefore, the Tribunal had rightly fixed the notional monthly income as well as the compensation awarded under other heads are sustainable one, which needs no interference. 7. Heard rival submissions of both learned counsel for appellants as well as 2nd respondent and perused the materials available on record. 8. On seeing the facts, it reveals that even assuming that there is no document produced to support Ex.P11 salary slip, the accident was happened in the year 2023 and he was aged about 46 years at the time of accident, he would have earned a sum of Rs.650/- per day. Therefore, considering the cost of living at that time as well as considering his age and also considering his salary slip, 4/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025this Court is inclined to enhance the notional monthly income of the deceased Ravikumar from Rs.13,500/- to Rs.19,500/- per month. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.9.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 dependencyRs.19,500/- (add 25% future prospects)= 19500 + 4875 =2437524375 x 12 x 13 (multiplier) = 38,02,500 – 1/3 (12,67,500) = 25,35,00017,55,00025,35,000enhanced2.Loss of consortium 1,20,0001,20,000confirmed3.Loss of estate15,00015,000confirmed4.Funeral expenses15,00015,000confirmed5.Transport charges5,0005,000confirmedTotal19,10,00026,90,000enhancedLess :- 10% of contributory negligence2,69,000Net compensation17,19,00024,21,0005/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 202510. Accordingly, the compensation awarded by the tribunal at Rs.17,19,000/- is enhanced to Rs.24,21,000/-. 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 3 are entitled to share the amount proportionately as ordered by the Tribunal and they are permitted to withdraw the enhanced award amount along with interest and costs, less the amount if any, already withdrawn. 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. 11. As far as the share of minor 2nd appellant is concerned, the same shall be deposited in any nationalised bank bearing fixed deposit scheme until the minor attains majority and the interest thereon shall be withdrawn by minor appellant's mother, once in three months.12.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. 22-07-20256/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Sub-Court No.I, Small Causes Court, Chennai. 2. Section Officer, VR Section, Madras High Court. 7/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025T.V.THAMILSELVI J.rppCMA No. 1545 of 2025 22-07-20258/8
CMA No. 1545 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-07-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1545 of 20251. Latha2. Minor R.Naveenkumar2nd Appellant minor rep by natural guardian 1st petitioner mother R.Latha3. K.PushpaAppellantsVs1. J.Janarthanan2.United India Insurance Company LtdRegional Office, Silingi Buildings, New No. 134, Old No. 40-42, Greems Road, Chennai 006RespondentsPRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicle Act, praying to enhance the award against the Judgment and Decree dated 21.01.2025 in MCOP No. 4113 / 2023 on the file of MACT / Special Sub Court No.1, Small Causes Court in Chennai.1/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025For Appellant(s):Mr.A.SathishkumarFor Respondent(s):Mr.S.Dhakshnamoorthy For R2JUDGMENTChallenging the impugned award passed by the tribunal in MCOP.No.4113 of 2023, the appellants/petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation. 2. The appellants are wife, son and mother of deceased K.Ravikumar. The case of appellants is that on 12.07.2023 at about 05.30 hours, when the deceased was riding a two wheeler bearing Regn. No. TN-45 AQ-0543 from Padappan to SP Kovil for his work at Walajabath road near Padappai TVS Mobility, at that time, the driver of lorry bearing Regn. No. N-01 AL-7663 suddenly taken reverse in a rash and negligent manner, dashed the deceased two wheeler and caused an accident. 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.45,00,000/-.3.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 2/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025accident had taken place only due to the rash and negligent driving on the part of the driver/1st respondent herein. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.17,19,000/- after deducting 10% of contributory negligence under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Loss of dependency17,55,0002.Loss of consortium1,20,0003.Loss of estate15,0004.Funeral expenses15,0005.Transport charges5,000Total compensation awarded (by adding Sl. Nos. 1 to 5)19,10,000Less :- 10% towards contributory negligence1,91,000Net Compensation17,19,0004.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 2023 and the deceased worked as salesman in Indian Oil Petrol Bunk, to that effect, Ex.P11 salary certificate was produced to show that the deceased had received the salary of Rs.20,200/-, but without considering the 3/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025same, the tribunal had fixed the notional monthly income at Rs.13,500/-. Hence, they prayed for enhancement of compensation.6. The learned counsel for 2nd respondent raised objections stating that the tribunal has rightly considered the salary certificate produced by them, but it is not supported with any other material evidence and also not established the fact that the deceased was in employment in the said petrol bunk nor produced any identity card. Hence, the tribunal has not applied the multiplier and fixed a sum of Rs.13,500/- as his notional monthly income. He would also submit that the driving license of deceased was produced, but it was not renewed at the time of accident. Therefore, the Tribunal had rightly fixed the notional monthly income as well as the compensation awarded under other heads are sustainable one, which needs no interference. 7. Heard rival submissions of both learned counsel for appellants as well as 2nd respondent and perused the materials available on record. 8. On seeing the facts, it reveals that even assuming that there is no document produced to support Ex.P11 salary slip, the accident was happened in the year 2023 and he was aged about 46 years at the time of accident, he would have earned a sum of Rs.650/- per day. Therefore, considering the cost of living at that time as well as considering his age and also considering his salary slip, 4/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025this Court is inclined to enhance the notional monthly income of the deceased Ravikumar from Rs.13,500/- to Rs.19,500/- per month. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.9.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 dependencyRs.19,500/- (add 25% future prospects)= 19500 + 4875 =2437524375 x 12 x 13 (multiplier) = 38,02,500 – 1/3 (12,67,500) = 25,35,00017,55,00025,35,000enhanced2.Loss of consortium 1,20,0001,20,000confirmed3.Loss of estate15,00015,000confirmed4.Funeral expenses15,00015,000confirmed5.Transport charges5,0005,000confirmedTotal19,10,00026,90,000enhancedLess :- 10% of contributory negligence2,69,000Net compensation17,19,00024,21,0005/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 202510. Accordingly, the compensation awarded by the tribunal at Rs.17,19,000/- is enhanced to Rs.24,21,000/-. 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 3 are entitled to share the amount proportionately as ordered by the Tribunal and they are permitted to withdraw the enhanced award amount along with interest and costs, less the amount if any, already withdrawn. 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. 11. As far as the share of minor 2nd appellant is concerned, the same shall be deposited in any nationalised bank bearing fixed deposit scheme until the minor attains majority and the interest thereon shall be withdrawn by minor appellant's mother, once in three months.12.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. 22-07-20256/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special Sub-Court No.I, Small Causes Court, Chennai. 2. Section Officer, VR Section, Madras High Court. 7/8 https://www.mhc.tn.gov.in/judis CMA No. 1545 of 2025T.V.THAMILSELVI J.rppCMA No. 1545 of 2025 22-07-20258/8