High Court · 2025

C.M.A.No.2868 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.10.2025 CORAM:THE HONOURABLE Mrs. JUSTICE R.KALAIMATHIC.M.A.No.2868 of 20251.Rani2.RajaKamaleshan(Died)Cause title accepted vide Court orderdated 09.08.2024 made in CMP.No.16573 of 2024in CMASR.No.96071/2024)3.Govindammal ... Appellantsvs.1.Munna2.The Manager(T.P.Claim), Future General India Insurance Company Ltd., Office at 1st, 2nd & 3rd Floor, Plot No.55, Old No.27, Vijay Raghava Road, T.Nagar, Chennai 600 017.3.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Rangapuram, Vellore-9. (No relief sought against the 1st and 3rd respondents hence notice may be dispensed with) ... RespondentsPRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to enhance the dated 02.06.2013 in M.C.O.P.No.738 of 2016 on the file of the Motor Accident Claims Tribunal / Additional District Court, (Fast Track Court ) Vellore District.1/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2868 of 2025 For appellants : Mr.C.Prabakaran For R1 : Mr.E.Kannadasan For R2 : Mrs.C.Harini for M/s.M.B.Gopalan Assoc.J U D G M E N TThis Civil Miscellaneous Appeal has been preferred by the claimants against the award dated 02.06.2013 made in M.C.O.P.No.738 of 2016 passed by the Motor Accident Claims Tribunal /Additional District Court, (Fast Track Court ) Vellore District, for enhancement of compensation.2. Parties are indicated herein as per their litigative status and ranking before the Tribunal.3. The dependents of the deceased Govindaraj, who sustained fatal injuries in a motor accident that took place on 06.07.2016, filed a claim petition,claiming compensation of Rs.30,00,000/- under Section 166 of the Motor Vehicles Act, 1988.2/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2868 of 20254. The Tribunal upon consideration of the oral and documentary evidence and after hearing the arguments advanced by either side, granted compensation of Rs.10,27,500/- with interest at the rate of 7.5% p.a. The amount awarded by the Tribunal under various heads are tabulated hereunder :S.No.DescriptionAmount awarded by the Tribunal1For loss of dependency Rs. 8,77,500/-2For loss of consortium Rs. 40,000/-3For loss of love and affectionRs. 75,000/-4For loss of estate Rs. 15,000/-5For transport expenses Rs. 5,000/-6For funeral expenses Rs. 15,000/- Total Rs.10,27,500/-5. The manner in which the accident occurred is not in dispute. The learned counsel for the appellants/claimants would contend that the deceased was aged about 50 years at the relevant point of time, was engaged in the textile business, and earning a sum of Rs.30,000/- per month. The notional income of the deceased fixed at Rs.6,000/- p.m, is therefore very low. He would further contend that the amount awarded under the head loss of consortium is also inadequate.3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2868 of 2025 6. The Original Claim Petition was filed by the wife, sons and mother of the deceased Govindaraj. The wife, son and mother of the deceased Govindaraj have been arrayed as appellants No. 1 to 3 respectively. During the pendency of the proceedings before the Tribunal, the third claimant Kamaleshan, son of the deceased Govindaraj passed away on 22.05.2023.7. Date of the accident is 06.07.2016. It is the evidence of P.W1 that the deceased was engaged in the textile business and earning a sum of Rs.30,000/- per month. To substantiate the said details, documents such as, bank passbook and income tax return etc., were not marked. Therefore, in consideration of the above said details, the notional income of the deceased is fixed as Rs.13,000/- per month. As per Ex.P.2 and Ex.P.3, namely the post mortem certificate and death certificate, the age of the deceased is fixed as 50 years. As per the law laid down by the Hon'ble Supreme Court in National Insurance Company vs. Prenay Sethi and Others, 2017(2) TNMAC 609 SC, for the age group of persons between 40 and 50 years, 25% has to be added as future prospects while computing the monthly income of the deceased. 8. As held in Smt.Sarla varma and others vs Delhi Corporation and another reported in 2009(2) TNMAC 1 (SC), if the claimants are three in 4/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2868 of 2025number, then 1/3rd has to be deducted for personal and living expenses and the relevant multiplier to be adopted is '13'm. For computing loss of dependency, the following formula emerges:For loss of dependency = [(Rs.13,000/ - _ 1/3)+ 25% x12x13m = Rs.16,90,104/-9. In the given circumstances, for loss of love and affection, a sum of Rs.5,000/- is granted in addition to the amount already awarded by the Tribunal. As regards the other heads, the amounts granted by the Tribunal appears to be reasonable and acceptable, and it needs no interference. The compensation granted by the Tribunal is reworked and tabulated as hereunder:Sl.No.DescriptionAmount awarded by Tribunal(Rs.)Amount awarded by this Court(Rs.)Award confirmed or enhanced or granted or reduced1For loss of Dependency8,77,500/- 16,90,104/-enhanced2For loss of Consortium 40,000/- 40,000/-confirmed 3For loss of love and affection 75,000/- 75,000/-confirmed4For loss of Estate 15,000/- 15,000/-confirmed5For transport expenses 5,000/- 5,000/-confirmed6For funeral expenses 15,000/- 15,000/-confirmedTotalRs.10,27,500/-Rs.18,40,104/-Enhanced5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2868 of 2025rounded off as Rs.18,40,000/-10. Thus, the compensation awarded by the Tribunal is enhanced from Rs.10,27,500/- to Rs.18,40,000/- which would carry interest at the rate of 7.5% per annum. 11. In the result, (i) The Civil Miscellaneous Appeal is partly allowed. (ii)The Compensation awarded by the Tribunal is enhanced from Rs.10,27,500/- to Rs.18,40,000/-.(iii)The Insurance Company / second respondent is directed to deposit the enhanced compensation amount now determined by this Court i.e., Rs.18,40,000/- (less the amount already deposited if any) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit, (excluding the period of default, if any) and costs to the credit of M.C.O.P.No.738 of 2016 on the file of Motor Accidents Claims Tribunal / Additional District Court, (Fast Track Court ) Vellore District, within a period of eight weeks from the date of receipt of a copy of this Judgment. (iv)The 1st claimant is entitled to Rs.8,00,000/-, 2nd claimant is entitled to Rs.8,40,000/- and 4th claimant is entitled to Rs.2,00,000/-6/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2868 of 2025v) On such deposit being made, the claimants 1, 2 & 4 are permitted to withdraw the amount now determined by this Court, along with interest and costs, after adjusting the amount , if any already withdrawn, by filing necessary application before the Tribunal. vi)The claimants are directed to pay the Court fee for the compensation amount, if required. vii)The Tribunal below shall disburse the enhanced amount upon production of the certified copy showing proof of payment of Court fee by the claimant. There is no order as to costs. 17.10.2025 NCC: Yes/NoIndex :Yes / NoInternet:Yes / NokkdToThe Motor Accidents Claims Tribunal / Additional District Court, (Fast Track Court ) Vellore District.7/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2868 of 2025R.KALAIMATHI,J.kkdC.M.A.No.2868 of 202517.10.20258/8