High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.08.2025CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.2127 of 20251. Palani 2.Minor Rithish3. Minor Akshya ... AppellantsVs.1. Murugesh2. The Manager, ICICI Lombard General Insurance Company Limited,situated at No.1/D Chottabai Street,Opposite to Land Mark Book stall,Nungambakkam, Chennai - 6 ... RespondentsPRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award against the Judgment and decree dated 20.06.2023 and made in M.A.C.T.O.P.No.1050 of 2022 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Tiruvannamalai and pass orders. For Appellants : Mrs.N. Lavanya for M.MalarFor Respondent-2: Mr.M. Jayaraj1 of 9 https://www.mhc.tn.gov.in/judis JUDGMENTThe appellants have filed this appeal to set aside the award against the Judgment and decree dated 20.06.2023 made in M.A.C.T.O.P.No.1050 of 2022 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Tiruvannamalai. 2. The brief facts of the case of the appellants/claimants are as follows:On 24.09.2020 at about 3.30 hours when the deceased Alamelu was proceeding as as Pillion rider with her husband in a two wheeler bearing Registration No. TN-PY-01BN-2679 a car bearing Registration No. KA-51AA-997 drove the said car in a rash and negligent manner and dashed against the two wheeler. As a result of which the deceased sustained fatal injuries and succumbed to the injuries. Hence, the legal heirs of the deceased has filed a claim petition before the Tribunal seeking compensation for a sum of Rs.50,00,000/-. 3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.18,63,600/- as compensation, directed the first and second 2 of 9 https://www.mhc.tn.gov.in/judis respondents to pay the said amount to the appellant 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 the Tribunal has not considered the age, occupation and income of the deceased and awarded the compensation. At the time of the accident the deceased was working as a building construction labour and earning a sum of Rs.25,000/- per month, but the Tribunal has taken only a sum of Rs.9,000/- as monthly income for awarding compensation under the head Loss of dependency. Further the amount awarded under other heads is also very low. Hence prays to enhance the compensation by allowing this petition.6. On the other hand, the learned counsel appearing for the second 3 of 9 https://www.mhc.tn.gov.in/judis respondent contended that the award passed by the Tribunal is based on well-settled principles of law applicable at the time of the order, and therefore, it need not be interfered.7. Heard both sides and perused the materials on record. 8. On an analysis of the award of the Tribunal would go to show that the Tribunal has awarded Rs.17,13,600/- under the head loss of dependency; Rs.1,20,000/- under the head loss of love and affection; Rs.15,000/- each under the head for loss of estate and funeral expenses. Thus the total compensation is arrived at Rs.18,63,000/- 9. Considering the occupation of the deceased this Court is of the view that the deceased would be earning Rs.18,000/- per month. As per the decision rendered in the case of National Insurance Co. vs Pranay sethi and others, reported in 2017 (2) TNMAC 601 40% is to be added towards future prospects of the deceased. The deceased died, leaving behind the respondents, who are her legal heirs. Considering the age of the deceased 1/3 of the income is to be deducted towards the deceased's 4 of 9 https://www.mhc.tn.gov.in/judis personal expenses. The deceased was aged 28 years at the time of the accident, and as per the decision rendered in Sarla Verma and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, the proper multiplier to be adopted in the instance case is 17.CalculationMonthly Income = Rs.18,000/-40% Future Prospects = 18,000 + 7,200 = 25,200/-After 1/3 deduction = 25,200 – 8,400 = Rs.16,800/-Loss of dependency = Rs.16,800 x 12 x 17= Rs.34,27,200/-. With regard to loss of estate and funeral expenses the same is enhanced to Rs.16,000/- each. The compensation awarded under the head loss of love and affection remains the same. 10. The following tabular column sets out the amounts awarded by the Tribunal and the enhanced amounts awarded by this Court under various heads:5 of 9 https://www.mhc.tn.gov.in/judis Sl. NoHeadsAmount (in Rs.) awarded by the TribunalAmount (in Rs.) awarded by the High Court1.Loss of Dependency17,13,600/-34,27,200/-2.Loss of Love and affection(3)1,20,000/-1,20,000/-3.Loss of estate16,000/-16,000/-4.Funeral Expenses16,000/-16,000/-TotalRs.18,63,600/-Rs.35,79,200/-Thus, the compensation awarded by the Tribunal is enhanced from Rs..18,63,600/- to Rs. 35,79,200/-, 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.ii. The compensation awarded by the Tribunal is enhanced from Rs.15,43,000/- to Rs. 35,79,200/-.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 first and second respondents are jointly directed to deposit 6 of 9 https://www.mhc.tn.gov.in/judis the enhanced compensation amount, i.e., Rs. 35,79,200/-, (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.1050 of 2022 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Tiruvannamalai 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 is at liberty to withdraw the same as per the ratio of apportionment fixed by the Tribunal, after following due process of law.vi. The second and third appellants being minor, are 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 of three years which shall be renewed periodically until they attain 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 7 of 9 https://www.mhc.tn.gov.in/judis minor claimants.vii. The appellants/claimants shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 07.08.2025Index:Yes/NoSpeaking/non Speaking orderNeutral Case citation: yes/nosmnTo1. The Additional District Judge, Motor Accident Claims Tribunal, Tiruvannamalai2. The Manager, ICICI Lombard General Insurance Company Limited,situated at No.1/D Chottabai Street,Opposite to Land Mark Book stall,Nungambakkam, Chennai - 6 3. The Section Officer, V.R. Section, High Court of Madras. T.V.THAMILSELVI , J. 8 of 9 https://www.mhc.tn.gov.in/judis smnC.M.A.No.2127 of 202507.08.20259 of 9