High Court · 2025

C.M.A No.1730 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.08.2025CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.1730 of 20241.E.Sowmiya2.E.Priyanga 3.E.Ramya (minor) ... AppellantsVs.1.The Secetary Regional Transport Authority Chennai Central MTC Building Anderson Road, Vasantha Nagar Chinna Chembarambakkam Ayanavaram, Chennai-23.2.The Managing Director M.T.C Limited, Anna Salai Chennai-600 002.3.P.Kathiresan ... RespondentsPRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, as against the judgment and decree dated 30.01.2025 made in M.A.C.T.O.P No.449 of 2021 on the file of the Motor Accidents Claims Tribunal/ The Chief Judge, Small Causes Court, Chennai. 1 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024For Appellants : Mr.R.Reena For Respondents: No Appearance for R1 & R2 R3 – service awaitedJUDGMENTThe appellants have filed this appeal against the Decree and Judgment dated 30.01.2025 passed in M.A.C.T.O.P No.449 of 2021, by the Motor Accident Claims Tribunal/ The Chief Judge, Small Causes Court, Chennai. 2. The brief facts of the case of the appellants/claimants are as follows:On 27.12.2019 at about 9.20 p.m, while the victim, Mr.P.S.Elumalai was riding a Hero Honda Motorcycle bearing Registration No.TN 05 X 8363 with the 1st petitioner as pillion rider, along on the extreme left side of 200 Feet Service Road, (DRJ Hospital) from south to north direction, a MTC bus bearing Registration No.TN 01 N 9376 was driven by its driver in a rash and negligent manner and rammed the victim's motorcycle. Due to the impact, the victim was thrown away from the motorcycle, sustained multiple injuries and later, died on 08.01.2020. Hence, the legal heirs of the deceased had filed a 2 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024claim petition before the Tribunal seeking compensation for a sum of Rs.1,30,00,000/-. 3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.17,03,000/- as compensation, directed the second respondent to pay the said amount to the appellants along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation.4. Aggrieved by the quantum of compensation awarded by the Tribunal, the appellants (claimants) have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.5.The learned counsel for the appellants submitted that at the time of accident, the deceased was running a Tea shop and earning Rs.45,000/- per month and the accident was happened in December 2019. But without considering the same, the Tribunal has fixed only Rs.15,000/- towards the monthly income of the deceased. Hence prays to enhance the compensation by allowing this petition.3 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 20246. Though notice has been served, none appeared on behalf of the respondents. 7. Heard the learned counsel for the appellant and perused the materials available on record. 8. On an analysis of the award of the Tribunal would go to show that the Tribunal has awarded Rs.14,52,000/- for loss of dependency; Rs.15,000/- towards loss of estate; Rs.90,851/- towards medical expenses; Rs.1,20,000/- (Rs.40,000 x 3) towards loss of consortium; Rs.15,000/- towards funeral expenses and Rs.10,000/- towards transportation charges including damages to personal belongings. 9. On perusal of records would reveal that the accident was happened in the year 2019 and the deceased was aged 51 years. But, there is no proof of income to show that the deceased was earning considerable income at the time of accident. In the absence of material evidence, the Tribunal fixed a sum of Rs.15,000/- as monthly income of the deceased, 4 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024who died in the accident that had occurred in the year 2018, which is meager. However, considering the year of the accident and the rise in cost of living and other related factors, it would be appropriate to fix a sum of Rs.600/- per day, i.e Rs.18,000/- (600 x 30) per month towards monthly income of the deceased. Accordingly, the loss of income is modified as follows:CalculationNotional Income = Rs.18,000/-10% Future Prospects = 18,000 + 1,800 = 19,800/-Loss of dependency = Rs.19,800 x 12 x 11 x 2/3= Rs.17,42,400/-The compensation awarded under the heads of medical expenses, loss of consortium and transportation charges including damages to personal belongings is reasonable and does not require interference of this Court.10. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under 5 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024various heads:Sl. NoHeadsAmount (in Rs.) awarded by the TribunalAmount (in Rs.) awarded by the High Court1.Loss of Dependency 14,52,000/- 17,42,400/-2.Loss of Estate15,000/-16,000/-3.Medical Expenses90,851/-90,851/-4Loss of consortium(40000 x 3) 1,20,000/-1,20,000/- 5Funeral Expenses15,000/-16,000/-6Transportation charges including damages to personal belongings10,000/-10,000/- TotalRs.17,02,851/-rounded off toRs.17,03,000/-Rs.19,95,251/-rounded off to Rs.19,95,500/-Thus, the compensation awarded by the Tribunal is enhanced from Rs.17,03,000/- to Rs.19,95,500/-, which shall carry interest at the rate of 7.5% per annum.11. In the result:i. The Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs.6 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024ii. The compensation awarded by the Tribunal is enhanced from Rs.17,03,000/- to Rs.19,95,500/-.iii. The appellants/claimants are directed to pay the Court fee for the enhanced compensation amount, if any. The Registry is directed to draft the decree only after the receipt of the Court fee.iv. The 2nd respondent/Transport Corporation, is directed to deposit the enhanced compensation amount, i.e., Rs.19,95,500/-, (after deducting the amount already deposited), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit, to the credit of M.A.C.T.O.P.No.449 of 2021 on the file of the Chief Judge, Small Causes Court/Motor Accident Claims Tribunal at Chennai, within a period of eight weeks from the date of receipt or uploading of a copy of this order. v. On such deposit being made, the appellants/claimants are at liberty to withdraw the same as per the ratio of apportionment fixed by the Tribunal, after following due process of law.vi. The third appellant being a minor, is directed to have her respective shares of the award amount invested in any one of the Nationalized Banks under a Fixed Deposit Scheme initially for a period 7 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024of three years which shall be renewed periodically until he attains majority. The 1st appellant/1st claimant, being the natural guardian of the minor claimant, is permitted to withdraw the interest accrued thereon once in three months, and the same shall be utilized for the welfare of the minor claimant.vii. The appellants/claimants shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 19.08.2025Index:Yes/NoSpeaking/non Speaking orderNeutral Case citation: yes/nouma8 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024To1. The Motor Accidents Claims Tribunal/The Chief Judge, Small Causes Court, Chennai. 1.The Secetary Regional Transport Authority Chennai Central MTC Building Anderson Road, Vasantha Nagar Chinna Chembarambakkam Ayanavaram, Chennai-23.2.The Managing Director M.T.C Limited, Anna Salai Chennai-600 002..3. The Section Officer, V.R. Section, High Court of Madras. 9 of 10 https://www.mhc.tn.gov.in/judis C.M.A No.1730 of 2024T.V.THAMILSELVI , J. umaC.M.A.No.1730 of 202519.08.202510 of 10