Madrasdated High Court · 2025

CMA No. 2625 of 2024Tiruvannamalai District3.T SathishNo 27 Pillaiyar Koil Street Seneerkuppam Poonamallee ChennaiRespondent(s)CMA No. 2625 of 2024PRAYERTo Set-aside the Final Award dated 24 th January 2024 passed in MCOP No.165 of 2020 by the Honble Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee.CMA No. 2625 of 2024For Appellant(s):Mr.J.Michael VisuvasamFor Respondent(s):U.Chithambaram For R1 And 2JUDGEMENTThis Civil Miscellaneous Appeal has been filed to Set-aside the Final Award passed in MCOP No.165 of 2020 by the Honble Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee. 2. On 07.08.2020 at about 11.00 hours(Morning) when the deceased was travelling as Pillion rider in a TVS Jupiter Motor Cycle bearing Registration No. https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024TN-12-AJ-8533 towards West to East direction at Chennai to Bangalore National Highways, under the Over Bridge of Vandalur to Minjur 400 Feet road, Nazarathpet, when the Lorry bearing Registration No.TN-054-X-5477 came in the same direction, driven by its driver in a rash and negligent manner endangering the public safety, hit the deceased. By the accident, the deceased sustained sever Head Injury and she died on the spot. Hence the claimants filed this petition claiming compensation of Rs.30,00,000/-. The Insurance Company contested the case by filing counter. On considering the oral and documentary evidence, the tribunal awarded a sum of Rs.13,90,500/- as compensation. Challenging the same, the Insurance Company filed this appeal.3. The learned counsel for the appellant submits that the accident was happened in the year 2020 and deceased was aged about 16 years at the time of the accident but the tribunal fixed Rs.10,000/- as notional income of the deceased as such is erroneous and liable to be set aside. Hence, he prays to set aside the award passed by the tribunal.4. The learned counsel for the claimants submit that on considering the cost of living at the time of the accident the tribunal has rightly fixed notional https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024income of the deceased which needs no interference.5. Considering the facts of the case, the accident was happened in the year 2020 hence the tribunal has fixed Rs.10,000/- notional income. However, it has failed to take note of the fact that deceased was 16 years at the time of the accident. Hence, this Court is inclined to reduce the notional income of the deceased from Rs.10,000/- to Rs.8,000/-. Accordingly, the claimants are entitled to Rs. 12,09,600/- for loss to dependency. Except above modification, the award passed by the tribunal in other heads remain unchanged. S.No.HeadsCompensation awarded by the tribunal.Compensation awarded by this Court1.Loss of income/dependenceRs.15,12,000/-Rs.12,09,600/-2.Loss of estateRs.16,500/-Rs.16,500/-3.Loss of consortiumNilNil4.Funeral expensesRs.16,500/-Rs.16500/-5.Transportation charges NilNilTotalRs.15,45,000/-Rs.12,42,600/-6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.12,42,600/-. The appellant is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024date of claim petition to the date of realisation, to the credit of MCOP No.165 of 2020 on the file of the Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee. , within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.23-06-2025pblIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024CMA No. 2625 of 2024To1.T AnithaW/o. Thangaraj, No.12, Melsilambadi Village and Post, Tiruvannamalai Dt 635 703.2.T ThangarajNo 12 Melsilambadi Village and Post Tiruvannamalai District3.T SathishNo 27 Pillaiyar Koil Street Seneerkuppam Poonamallee Chennai.4. The Section Officer, V.R Section, High Court, Madras.5. The Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee. https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024T.V.THAMILSELVI J. pblCMA No. 2625 of 2024AND CMP NO. 20863 OF 2024 https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 05.08.2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICMA No. 2625 of 2024ANDCMP NO. 20863 OF 20241. The United India Insurance Co.Ltd.,Third Party Claims Hub, First Floor Indira Gandhi Street, Rajajipuram, Tiruvallur.2. P. ThangarajS/o. Periyapaiyan, No.12, Melsilambadi Village and Post, Tiruvannamalai Dt 635 703.3. T. SathishS/o. Thirunavukarasu, No.27, Pillaiyar Koil St, Seneerkuppam, Poonamallee, Chennai 56.Appellant(s)Vs1. T AnithaW/o. Thangaraj, No.12, Melsilambadi Village and Post, Tiruvannamalai Dt 635 703. https://www.mhc.tn.gov.in/judis CMA No. 2625 of 20242.T ThangarajNo 12 Melsilambadi Village and Post Tiruvannamalai District3.T SathishNo 27 Pillaiyar Koil Street Seneerkuppam Poonamallee ChennaiRespondent(s)CMA No. 2625 of 2024PRAYERTo Set-aside the Final Award dated 24 th January 2024 passed in MCOP No.165 of 2020 by the Honble Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee.CMA No. 2625 of 2024For Appellant(s):Mr.J.Michael VisuvasamFor Respondent(s):U.Chithambaram For R1 And 2O R D E RThis matter is listed today under the caption "For being mentioned" at the instance of the learned counsel for the petitioner. 2. It is brought to the notice of this Court that some typographical error has been crept in Paragraphs Nos.5 and 6 of the order dated 23.06.2025. Hence, the same is to be replaced as follows: https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024" 5. Considering the facts of the case, the accident was happened in the year 2020 hence the tribunal has fixed Rs.10,000/- notional income. However, it has failed to take note of the fact that deceased was 16 years at the time of the accident. Hence, this Court is inclined to reduce the notional income of the deceased from Rs.10,000/- to Rs.8,000/-. Accordingly, the claimants are entitled to Rs. 12,09,600/- for loss to dependency. Except above modification, the award passed by the tribunal in other heads remain unchanged. S.No.HeadsCompensation awarded by the tribunal.Compensation awarded by this Court1.Loss of income/dependenceRs.15,12,000/-Rs.12,09,600/-2.Loss of estateRs.16,500/-Rs.16,500/-3.Loss of consortiumNilNil4.Funeral expensesRs.16,500/-Rs.16500/-5.Transportation charges NilNilTotalRs.15,45,000/-Rs.12,42,600/-Contributory NegligenceRs.1,54,500/-Rs.1,24,260/-After deduction 13,90,500/-Rs.11,18,340/- 6. In view of the discussions made earlier, the compensation awarded by the Tribunal is reduced to Rs.11,18,340//-. The appellant 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.165 of 2020 on the file of the Motor Accidents Claims Tribunal (II https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024Additional District and Sessions Court) Tiruvallur @ Poonamallee, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.3. The time for deposit is extended for a further period of three weeks from the date of receipt of a copy of this order.4. Registry is directed to carry out necessary correction in the Order and issue fresh order copy.5. In other respects, the order dated 23.06.2025 shall remain unaltered.05.08-2025smnIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024CMA No. 2625 of 2024To1.T AnithaW/o. Thangaraj, No.12, Melsilambadi Village and Post, Tiruvannamalai Dt 635 703.2.T ThangarajNo 12 Melsilambadi Village and Post Tiruvannamalai District3.T SathishNo 27 Pillaiyar Koil Street Seneerkuppam Poonamallee Chennai.4. The Section Officer, V.R Section, High Court, Madras.5. The Motor Accidents Claims Tribunal (II Additional District and Sessions Court) Tiruvallur @ Poonamallee. https://www.mhc.tn.gov.in/judis CMA No. 2625 of 2024T.V.THAMILSELVI J. smnCMA No. 2625 of 2024AND CMP NO. 20863 OF 202405.08.2025