High Court · 2025

C.M.A.No.225 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 01.08.2025 CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.225 of 20231.K.Kasiyammal2.V.Sudha3.K.Ganesan ...Appellant(s) Vs.1.A.Asokan2.The Oriental Insurance Co. Ltd., Motor Third Party Claims Hub, Oriental House, 2nd Floor, Old No.115, New No.216, Prakasam Salai, Broadway, Chennai. ...Respondent(s) Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award Judgment and Decree dated 28.03.2022 passed in M.C.O.P.No.1935 of 2018 on the file of the Motor Accidents Claims Tribunal, (III Small Causes Court), Chennai.1/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023For Appellant(s) : Mr.K.Varadha KamarajFor Respondent(s) : R1 – No such person Mr.C.Mahendran for R2 J U D G M E N TThis appeal is filed by the appellants challenging the judgment and decree dated 28.03.2022 passed in M.C.O.P.No.1935 of 2018 on the file of Motor Accidents Claims Tribunal/III Small Causes Court, Chennai.2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3.The petitioners are the claimants, the first respondent is the owner of the vehicle and the second respondent is the Insurance Company before the Tribunal. 4.The brief facts of the case are as follows: On 05.01.2018 at about 12.00 hours when Kathirvelu standing in the left side of GST Road, opposite to Anjaniyar Koil at Thailavaram at 2/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023that time, a two wheeler bearing Registration No.TN-11-AB-0497, driven by its rider in a rash and negligent manner, hit against Kathirvelu and due to the accident, the said Kathirvelu sustained multiple severe head injuries. Immediately after the accident, he was taken to SRM Medical College & Hospital and thereafter, he was taken to Rajiv Gandhi Government General Hospital, Chennai and admitted as inpatient and took treatment and died on the same day at the hospital. The petitioners filed a claim petition before the Tribunal in M.C.O.P.No.1395 of 2018, the Tribunal awarded a sum of Rs.4,80,000/- as compensation. Aggrieved by the same, the present appeal has been filed.5.Learned counsel appearing for the appellants submitted that due to the rash and negligent riding by the two wheeler bearing Registration No.TN-11-AB-0497, the accident occurred and the said Kathirvelu sustained multiple severe head injuries and died in the hospital and the compensation awarded by the Tribunal is very meagre and hence, he filed the present appeal for enhancement. 3/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 20236.Learned counsel appearing for the second respondent submitted that the Tribunal after considering the oral and documentary evidence has awarded the compensation which is just and reasonable and no interference is required by this Court. Hence, he prayed for dismissal of the appeal.7.Heard learned counsel appearing for the appellants, learned counsel for the second respondent and perused the materials available on record. 8.Before the Tribunal, the first petitioner was examined as PW1, Mr.Gopinathan, a witness to the accident was examined as PW2 and on the side of the petitioners, 15 documents were marked as Exs.P1 to P15. On the side of the second respondent, no oral and documentary evidence were adduced. 9.The Tribunal after elaborately discussing the factual aspects awarded a sum of Rs.3,20,000/- for loss of dependency, Rs.15,000/- for 4/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023loss of estate, Rs.15,000/- for funeral expenses, Rs.40,000/- for loss of consortium, Rs.10,000/- for transportation, Rs.80,000/- for loss of love and affection and arrived at a total compensation of Rs.4,80,000/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.10.Perusal of the records, it is seen that the petitioner was aged 67 years at the time of the accident.11.The amount awarded under various heads in the opinion of this Court are just and reasonable and the same are confirmed, except the amount awarded under loss of dependency, in the opinion of this Court is very meagre and this Court is inclined to enhance the amount awarded under the said head. Accordingly, the amount awarded under the head loss of dependency is enhanced to Rs.4,80,000/- from Rs.3,20,000/-. 12.Considering the fact the appellant died in the accident and submission made by the learned counsel for the appellants, this Court is 5/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023inclined to modify the award by applying multiplier method and accordingly, the compensation awarded by the Tribunal is re-assessed as follows: (Rs.400 x 30 days = Rs.12,000/- x 1/3 deduction = Rs.4,000/-; Rs.12,000 – 4,000/- = Rs.8,000/- x 12 = Rs.96,000/- x 5% = Rs.4,80,000/-)S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1Loss of dependency3,20,000/-4,80,000/-2Loss of estate15,000/-15,000/-3Funeral expenses15,000/-15,000/-4Loss of consortium40,000/-40,000/-5Transportation10,000/-10,000/-6Loss of love and affection to petitioners 2 and 3 Rs.40,000/- each80,000/-80,000/-Total4,80,000/-6,40,000/-13.The appellants/claimants are entitled to total compensation of Rs.6,40,000/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.6/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 202314.The judgment and decree passed by the Motor Accident Claims Tribunal, III Small Causes Court, Chennai in M.C.O.P.No.1935 of 2018 dated 28.03.2022 is modified to the above extent. 15.The second respondent Insurance Company is directed to deposit the modified/enhanced award amount before the Tribunal within a period of 8 weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellants are permitted to withdraw their respective amount along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. 16.The appellants/claimants shall not be entitled to any interest for the period of delay, if any, in filing the appeal. The appellants/claimants are directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accident Claims Tribunal/III Small Causes Court, Chennai shall disburse the enhanced amount upon 7/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023production of certified copy showing proof of payment of Court fee by the appellants/claimants. 17.The Civil Miscellaneous Appeal is partly allowed with the above terms. No costs. 01.08.2025Index: Yes/NoSpeaking order: Yes/NoNeutral Citation: Yes/Nopam8/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023To1.The Motor Accidents Claims Tribunal (III Small Causes Court), Chennai.2.The Section Officer, VR Section, High Court of Madras, Chennai – 600 104.9/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023T.V.THAMILSELVI, J.pamC.M.A.No.225 of 202301.08.202510/10

C.M.A.No.225 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 01.08.2025 CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.225 of 20231.K.Kasiyammal2.V.Sudha3.K.Ganesan ...Appellant(s) Vs.1.A.Asokan2.The Oriental Insurance Co. Ltd., Motor Third Party Claims Hub, Oriental House, 2nd Floor, Old No.115, New No.216, Prakasam Salai, Broadway, Chennai. ...Respondent(s) Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award Judgment and Decree dated 28.03.2022 passed in M.C.O.P.No.1935 of 2018 on the file of the Motor Accidents Claims Tribunal, (III Small Causes Court), Chennai.1/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023For Appellant(s) : Mr.K.Varadha KamarajFor Respondent(s) : R1 – No such person Mr.C.Mahendran for R2 J U D G M E N TThis appeal is filed by the appellants challenging the judgment and decree dated 28.03.2022 passed in M.C.O.P.No.1935 of 2018 on the file of Motor Accidents Claims Tribunal/III Small Causes Court, Chennai.2.For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3.The petitioners are the claimants, the first respondent is the owner of the vehicle and the second respondent is the Insurance Company before the Tribunal. 4.The brief facts of the case are as follows: On 05.01.2018 at about 12.00 hours when Kathirvelu standing in the left side of GST Road, opposite to Anjaniyar Koil at Thailavaram at 2/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023that time, a two wheeler bearing Registration No.TN-11-AB-0497, driven by its rider in a rash and negligent manner, hit against Kathirvelu and due to the accident, the said Kathirvelu sustained multiple severe head injuries. Immediately after the accident, he was taken to SRM Medical College & Hospital and thereafter, he was taken to Rajiv Gandhi Government General Hospital, Chennai and admitted as inpatient and took treatment and died on the same day at the hospital. The petitioners filed a claim petition before the Tribunal in M.C.O.P.No.1395 of 2018, the Tribunal awarded a sum of Rs.4,80,000/- as compensation. Aggrieved by the same, the present appeal has been filed.5.Learned counsel appearing for the appellants submitted that due to the rash and negligent riding by the two wheeler bearing Registration No.TN-11-AB-0497, the accident occurred and the said Kathirvelu sustained multiple severe head injuries and died in the hospital and the compensation awarded by the Tribunal is very meagre and hence, he filed the present appeal for enhancement. 3/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 20236.Learned counsel appearing for the second respondent submitted that the Tribunal after considering the oral and documentary evidence has awarded the compensation which is just and reasonable and no interference is required by this Court. Hence, he prayed for dismissal of the appeal.7.Heard learned counsel appearing for the appellants, learned counsel for the second respondent and perused the materials available on record. 8.Before the Tribunal, the first petitioner was examined as PW1, Mr.Gopinathan, a witness to the accident was examined as PW2 and on the side of the petitioners, 15 documents were marked as Exs.P1 to P15. On the side of the second respondent, no oral and documentary evidence were adduced. 9.The Tribunal after elaborately discussing the factual aspects awarded a sum of Rs.3,20,000/- for loss of dependency, Rs.15,000/- for 4/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023loss of estate, Rs.15,000/- for funeral expenses, Rs.40,000/- for loss of consortium, Rs.10,000/- for transportation, Rs.80,000/- for loss of love and affection and arrived at a total compensation of Rs.4,80,000/- with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.10.Perusal of the records, it is seen that the petitioner was aged 67 years at the time of the accident.11.The amount awarded under various heads in the opinion of this Court are just and reasonable and the same are confirmed, except the amount awarded under loss of dependency, in the opinion of this Court is very meagre and this Court is inclined to enhance the amount awarded under the said head. Accordingly, the amount awarded under the head loss of dependency is enhanced to Rs.4,80,000/- from Rs.3,20,000/-. 12.Considering the fact the appellant died in the accident and submission made by the learned counsel for the appellants, this Court is 5/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023inclined to modify the award by applying multiplier method and accordingly, the compensation awarded by the Tribunal is re-assessed as follows: (Rs.400 x 30 days = Rs.12,000/- x 1/3 deduction = Rs.4,000/-; Rs.12,000 – 4,000/- = Rs.8,000/- x 12 = Rs.96,000/- x 5% = Rs.4,80,000/-)S.No. Description Amount awarded by Tribunal (in Rs.) Amount awarded by this Court (in Rs.) 1Loss of dependency3,20,000/-4,80,000/-2Loss of estate15,000/-15,000/-3Funeral expenses15,000/-15,000/-4Loss of consortium40,000/-40,000/-5Transportation10,000/-10,000/-6Loss of love and affection to petitioners 2 and 3 Rs.40,000/- each80,000/-80,000/-Total4,80,000/-6,40,000/-13.The appellants/claimants are entitled to total compensation of Rs.6,40,000/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization.6/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 202314.The judgment and decree passed by the Motor Accident Claims Tribunal, III Small Causes Court, Chennai in M.C.O.P.No.1935 of 2018 dated 28.03.2022 is modified to the above extent. 15.The second respondent Insurance Company is directed to deposit the modified/enhanced award amount before the Tribunal within a period of 8 weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellants are permitted to withdraw their respective amount along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. 16.The appellants/claimants shall not be entitled to any interest for the period of delay, if any, in filing the appeal. The appellants/claimants are directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accident Claims Tribunal/III Small Causes Court, Chennai shall disburse the enhanced amount upon 7/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023production of certified copy showing proof of payment of Court fee by the appellants/claimants. 17.The Civil Miscellaneous Appeal is partly allowed with the above terms. No costs. 01.08.2025Index: Yes/NoSpeaking order: Yes/NoNeutral Citation: Yes/Nopam8/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023To1.The Motor Accidents Claims Tribunal (III Small Causes Court), Chennai.2.The Section Officer, VR Section, High Court of Madras, Chennai – 600 104.9/10 https://www.mhc.tn.gov.in/judis C.M.A.No.225 of 2023T.V.THAMILSELVI, J.pamC.M.A.No.225 of 202301.08.202510/10