High Court · 2025

C.M.A.No.1980 of 2025T.V.THAMILSELVI, J.Today, this Civil Miscellaneous Appeal is listed under the caption, “For Being Mentioned” at the instance of learned counsel for Appellants/Claimants.2. The learned counsel for Appellants/Claimants submitted that this Court vide Judgment dated 29.08.2025, partly allowed C.M.A.No.1980 of 2025. In the present case, the Tribunal had awarded a sum of Rs.16,45,000/- as compensation to Appellants/Claimants vide Award dated 09.01.2025 in M.C.O.P.No.5504 of 2022. This Court has enhanced the compensation from Rs.16,45,000/- to Rs.21,79,200/-. The enhanced compensation amount i.e., Rs.21,79,200/- has also been clearly mentioned in Tabulation of Paragraph No.5 of the Judgment dated 29.08.2025 in C.M.A.No.1980 of 2025. As far as this case is concerned, Tribunal has held that accident had occurred due to the negligence of the driver who suddenly moved the Eicher Lorry backwards without any signal or indication. As such, the question of contributory negligence on the part of the deceased would not arise. However, in the 1st three lines of Paragraph No.6 of the said Judgment, this Court has recorded as follows:1/4 https://www.mhc.tn.gov.in/judis “6. After deducting, 10% towards contributory negligence, the claimants are entitled to Rs.19,61,280/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.19,61,280/-.”Therefore, the learned counsel prayed that the observation recorded by this Court in the 1st three lines of Paragraph No.6 of the Judgment dated 29.08.2025 in C.M.A.No.1980 of 2025 may be modified.3. The learned counsel appearing for 2nd Respondent/Insurance Company submitted that he has no serious objection for modifying the 1st three lines of Paragraph No.6 of the Judgment dated 29.08.2025 in C.M.A.No.1980 of 2025.4. Considering the submissions made by the learned counsel on either side, this Court is inclined to modify the 1st three lines of Paragraph No.6 of the Judgment dated 29.08.2025 in C.M.A.No.1980 of 2025. Accordingly, the same is modified as follows:“6. Thus, the appellants/claimants are entitled to enhanced compensation of Rs.21,79,200/- (Rupees Twenty One Lakhs Seventy Nine Thousand and Two Hundred only).”2/4 https://www.mhc.tn.gov.in/judis

5. In all other aspects, Judgment dated 29.08.2025 in C.M.A.No.1980 of 2025 shall remain unaltered. Registry is directed to issue a fresh judgment copy to all concerned, after carrying out the aforesaid modification.12.12.2025mrr3/4 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrC.M.A.No.1980 of 202512.12.20254/4 https://www.mhc.tn.gov.in/judis CMA No. 1980 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29-08-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 1980 of 20251. C.MadhaviW/o. Late. Chinnasamy, Mettu Street, Manjapudhur, Sankarakuppam, Villupuram 606 208 now at 84, Sameeyar Thottam, Maraimalai Nagar, Chengalpattu.2. C.MahalakshmiD/o. Late. Chinnasamy, Mettu Street, Manjapudhur, Sankarakuppam, Villupuram 606 208 now at 84, Sameeyar Thottam, Maraimalai Nagar, Chengalpattu.3. VijayalakshmiD/o. Late. Chinnasamy, Mettu Street, Manjapudhur, Sankarakuppam, Villupuram 606 208 now at 84, Sameeyar Thottam, Maraimalai Nagar, Chengalpattu.4. C.Krishnan - MinorS/o. Late. Chinnasamy, Mettu Street, Manjapudhur, Sankarakuppam, Villupuram 606 208 now at 84, Sameeyar Thottam, Maraimalai Nagar, Chengalpattu. (Minor rep by their Mother and Next Friend C. Madhavi I Appellant)Appellant(s) https://www.mhc.tn.gov.in/judis CMA No. 1980 of 2025Vs1. Dym LogisticsC and F Association, Salt Quarters, Choolai, Chennai 112 (R1 set exparty in trial court)2.ICICI Lombard General Insurance Co LtdNo. 84 and 85 Arihand Plaza, 1st Floor, Wall Tax Road, Chennai 03Respondent(s)CMA No. 1980 of 2025PRAYERTo enhance the award amount along with interest at 7.5 percent interest from the date of petition in MCOP No. 5504 of 2022 on the file of the Motor Accidents Claims Tribunal, Small Causes Court, Chennai.CMA No. 1980 of 2025For Appellant(s):Ms.P.T.Saleem FathimaFor Respondent(s):R2 - No Appearance R1 - No Such OfficeJUDGEMENTThis Civil Miscellaneous Appeal has been filed to enhance the award amount along with interest at 7.5 percent interest from the date of petition in MCOP No. 5504 of 2022 on the file of the Motor Accidents Claims Tribunal, Small Causes Court, Chennai.2. On 21.10.2022, at about 20.00 hours, the victim was standing at GST Road(Service Salai) Maraimalai Nagar Sameyar Gate, Near Suthan Old Plastic https://www.mhc.tn.gov.in/judis CMA No. 1980 of 2025shop. At that time, an Eicher Lorry bearing registration No. TN 04 AM 7817 without giving any signal and without minding the persons behind, reversed the vehicle in a rash and negligent manner and hit behind the victim and ran over his stomach. As a result, he died on the spot. Thereafter, the claimants filed the petition before the tribunal claiming compensation and 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 the claimants filed this appeal.3. The learned counsel for the appellants submit that the deceased was aged about 56 years at the time of the accident and earned Rs.25,000/- per month but the tribunal has fixed only Rs.16,000/- as notional income of the deceased as per the ratio laid down by this Court in CMA No. 1253 of 2024. Hence, he prays to enhance the compensation.4. Notice sent to the respondents none appeared.5. On perusal of records, it reveal that the claimants marked the salary certificate of deceased as Ex.P13 without supporting documents. In fact, the accident was happened in the year 2022, hence this Court is inclined to fix Rs.18,000/- as notional income of the deceased. Further, the claimant is aged about 55 years. Hence, this Court is incline to take 11 multiplier. Accordingly, the claimants are entitled to Rs. 19,60,200/- (18,000+1800x12x11x3/4)under the head of loss of income. Except above modification the award passed by the Tribunal in other heads remain unchanged. https://www.mhc.tn.gov.in/judis CMA No. 1980 of 2025S.No.HeadsCompensation awarded by the tribunal.Compensation awarded by this Court1.Loss of dependencyRs.14,25,600/-Rs.19,60,200/-2.Loss of estateRs.16,500/-Rs.16,500/-3.Loss of consortiumRs. 1,76,000/-Rs. 1,76,000/-4.Funeral expensesRs. 16,500/-Rs. 16,500/-5.Transportation charges Rs. 10,000/-Rs.10,000/-TotalRs. 16,44,600/-Rs. 21,79,200/-6. After deducting 10% towards contributory negligence, the claimants are entitled to Rs. 19,61,280/-. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 19,61,280/-. The 2nd respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No. 5504 of 2022 on the file of the Motor Accidents Claims Tribunal, Small Causes Court, Chennai, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit being made, the claimants are permitted to withdraw their share in the award amount with proportionate accrued interest and costs, as per the ratio of apportionment made by the Tribunal, less the award amount, if any, already withdrawn, by filing necessary application 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). https://www.mhc.tn.gov.in/judis CMA No. 1980 of 20257. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 29-08-2025PblToThe Motor Accidents Claims Tribunal, Small Causes Court, Chennai.The Section Officer, V. R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 1980 of 2025T.V.THAMILSELVI J. pblCMA No. 1980 of 2025 29-08-2025