High Court · 2025

CMA No. 2258 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2258 of 20251. Srividhya2. Anjana3. Ajay4. SavithriAppellantsVs1. Saravanakumar2.IFFCO-TOKIO General Insurance Co.Ltd.,Srinivasan Arcade, 1st Floor, No.9/14 Advaitha Ashram Road, Salem Dist - 636 004.RespondentsPRAYERCivil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to set aside the Award dated 01-11-2021 made in MCOP.No.940 of 2020, on the file of Special Dist.Judge, MCOP Tribunal, Salem.1/8 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2025For Appellants:Mr.S.Ramprabu For Mr.K.VasanthanayaganFor Respondents:Mr.J.Micheal Visuvasam For R2JUDGMENTChallenging the impugned award passed by the tribunal in MCOP.No.940 of 2020, the appellants/petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation. 2. The appellants are wife, daughter, son and mother of deceased Janardhanan. The case of appellants is that on 20.07.2020 at about 09.15 a.m. when the deceased was riding his two wheeler bearing Regn. No. TN-34 Q-9208 in Bhavani to Sankari main road opposite to T.B.Road, Ajanta departmental store, at that time, the driver of two wheeler bearing Regn. No. TN-52 P-2627 drove it in a rash and negligent manner, all of a sudden, hit the two wheeler of deceased and caused 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.50,00,000/-.2/8 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 20253.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 driver of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.14,80,000/- under various heads as follows:S.NoCompensation awarded under the headAmount(in Rs.)1.Loss of income13,20,0002.Loss of love and affection80,0003.Loss of consortium20,0004.Medical bills35,0005.Funeral expenses25,000Total compensation awarded (by adding Sl. Nos. 1 to 5)14,80,0004.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 first appellant produced the salary certificate marked as Ex.X2 to prove the fact that at the time of accident, the deceased had earned a sum of Rs.25,000/-, but without 3/8 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2025taking note of that and without considering the cost of living at that time, the tribunal had fixed the notional income as Rs.15,000/-. Hence, they prayed for enhancement of compensation.6. The learned counsel for 2nd respondent also pointed out that though they have produced the salary certificate, which is not supported by bank statement and the same was rightly appreciated by the tribunal, which needs no interference of this court. 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 2020 and according to petitioners, the deceased was an Accounts Manager and aged about 53 years at the time of accident. But, admittedly, though the salary certificate was produced, it was not supported by bank statement. Considering that and also considering the cost of living at that time as well as considering his age, even per day he would have earned a sum of Rs.600/- and earned Rs.18,000/- per month, this Court is inclined to enhance the notional income of the deceased Janardhanan from Rs.15,000/- to Rs.18,000/- and 10% of future prospects is also to be arrived. 4/8 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 20259. Furthermore, the Tribunal has granted only a sum of Rs.20,000/- under the head of 'Loss of consortium', which is very meagre one. Accordingly, the total compensation under this head is fixed at Rs.40,000/-. Moreover, the tribunal has not awarded any sum under the head of “Loss of estate”. Considering that, this court is inclined to award a sum of Rs.15,000/- under the said head and the sum awarded under the head of funeral expenses is reduced from Rs.25,000/- to Rs.15,000/-. The compensation that has been fixed under the head of medical expenses is reasonable and does not require the interference of this Court.10.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.18,000/- (add 10% future prospects)= 18000 + 1800 =1980019800 x 12 x 11 (multiplier) = 26,13,600 – 1/3 (8,71,200) = 17,42,40013,20,00017,42,400enhanced5/8 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2025S.NoCompensation awarded under the headAmount awarded by the tribunal(in Rs.)Amount(in Rs.)Award confirmed or granted or enhanced2.Loss of love and affection (Rs.20000 x 4) 80,00080,000confirmed3.Loss of consortium20,00040,000enhanced4.Medical bills35,00035,000confirmed5.Funeral expensesLoss of estate25,00015,00015,000reducedawardedTotal14,80,00019,27,400enhanced11. Accordingly, the compensation awarded by the tribunal at Rs.14,80,000/- is enhanced to Rs.19,27,400/-. 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 to 4 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 appellants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. 6/8 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 202512.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. 28-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Motor Accident Claims Tribunal, Special District Judge, Salem.2. Section Officer, VR Section, Madras High Court. 7/8 https://www.mhc.tn.gov.in/judis CMA No. 2258 of 2025T.V.THAMILSELVI J.rppCMA No. 2258 of 2025 28-08-20258/8