High Court · 2025

CMA No.570 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated 27.02.2025CORAM:THE HONOURABLE MR.JUSTICE S.SOUNTHARCMA No.570 of 20251. Sasikala2. Minor Rajendraprasanth (16 years)3. Minor Ramya ( 14 years) minors are rep. by next friend natural guardian mother Sasikala.4. Arumugam5. Anaiyammal ...Appellantsvs.1. Sathya2. The New India Assurance Co. Ltd., TPHUB 2/91, New Bus Stand Road, Meyyanur, Salem. ... RespondentPrayer: The Civil Miscellaneous appeal is filed under Section 173 of the Motor Vehicles Act, 1988 to enhance the compensation amount made in MCOP No.366 of 2023, dated 03.10.2023 on the file of the Special District Judge, Motor Accident Claims Tribunal, Salem.For Appellants: Mr.S.P.YuarajFor Respondents: Mr.J.ChandranPage 1 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 2025JUDGMENTThe civil miscellaneous appeal is filed by the claimants seeking enhancement of compensation awarded by the Tribunal.2. It is not in dispute that the husband of the first claimant, father of the second claimants 2 and 3 and son of the claimants 4 and 5, namely Shanmugam died in a road accident that had taken place on 12.01.2023. It is the case of the claimants that the deceased was walking on the extreme left side of the road and a car belonging to the first respondent and insured with the second respondent bearing registration No. TN 93-E-0465 was driven by its driver in a rash and negligent manner, without following the traffic rules and hit against the deceased. As a result of accident, the deceased received grievous injuries all over the body and died in hospital on 19.01.2023. Therefore, the claimants filed a claim petition before the Tribunal seeking compensation of Rs.50,00,000/-3. Before the Tribunal, the contesting respondent namely insurance company filed counter affidavit and denied the manner of Page 2 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 2025accident as narrated in the claim petition. It was the case of the second respondent that the accident had occurred only due to the act of the deceased, who fell down in front of the car and hence, the insurance company was not liable to pay compensation.4. The Tribunal based on the evidence available on records, came to the conclusion that the accident had occurred only due to the negligence on the part of the driver of the first respondent and awarded a compensation of Rs.14,25,000/-. Not satisfied with the quantum of compensation, the claimants have come before this court.5. Heard the learned counsel for the appellants and the second respondent insurance company.6. The learned counsel for the appellants would submit that the deceased was a mason and the accident had occurred in the year 2023, however, the Tribunal fixed a very meager notional income of Rs.10,000/- including future prospects of 25%. Therefore, the notional income fixed by the Tribunal needs enhancement.Page 3 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 20257. The learned counsel for the second respondent/insurance company would submit that the claimants have not produced any documents to prove the avocation and income of the deceased and hence, the Tribunal was justified in fixing notional income at Rs.10,000/- per month including future prospects.8. In order to prove the avocation and income of the deceased, the claimants have not produced any documentary proof. However, taking into consideration the year of accident, this court can fix notional income. Having regard to the year of accident (2023) and cost of living, this court feels that it would be appropriate to fix notional income at Rs.18,000/- per month. As per the Aadhaar card, age of the deceased was 43 years at the time of accident. Therefore, the claimants are entitled to 25% enhancement towards future prospects. The proper multiplier applicable to age of the deceased is 14. There are five persons depending on the income of the deceased. Hence, 1/4 should be deducted towards the personal expenses of the deceased. Accordingly, the claimants are entitled to Rs.28,35,000/- [1800 x 1.25 x 12 x 14 x 3/4) towards loss of dependency.Page 4 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 20259. The Tribunal awarded a sum of Rs.40,000/- towards consortium to the first claimant. As per the law laid down by the Hon'ble Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and others reported in AIR 2017 SC 5157, the compensation amount fixed under heads loss of consortium, loss of love and affection, loss of estate and funeral expenses should be enhanced at 10% once in three years from the date of judgment (i.e. 31.10.2017). In the case on hand, the accident had occurred on 12.01.2023 and hence, the first claimant is entitled to Rs.44,000/- towards consortium. Likewise, the claimants 2 and 3 are also entitled to Rs.44,000/- each towards love and affection. The claimants 4 and 5 are entitled to Rs.44,000/- each towards loss of filial consortium.10. The Tribunal awarded a sum of Rs.25,000/- towards funeral expenses. But, as per Pranay Sethi case cited supra, the claimants are entitled to Rs.16,500/- each towards funeral expenses and loss estate.11. Inview of the discussion made earlier, the compensation awarded by the Tribunal is revised as under:Page 5 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 2025Sl. NoDescriptionAmount awarded by Tribunal (Rs)Amount awarded by this Court (Rs)Award confirmed or enhanced or granted1.Loss of dependency12,60,00028,35,000enhanced2Loss of consortium to first claimant40,00044,000enhanced3.Loss of love and affection to claimants 2 and 31,00,00088,000reduced4.loss of filial consortium to claimants 4 and 5-88,000granted5.Loss of Estate-16,500granted6Funeral expenses25,00016,500reduced Total14,25,00030,88,000enhanced by 16,63,00012. With the above modifications, this Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.14,25,000/- is hereby enhanced to Rs.30,88,000/- together with interest at 7.5% per annum (excluding the default period, if any) from the date of petition till the date of deposit. The claimants are directed to pay applicable court fee on the above mentioned enhanced compensation.Page 6 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 202513. From the above compensation now determined by this court, the first claimant is entitled to Rs.17,88,000/- and the claimants 2 and 3 are entitled to Rs.3,50,000/- each and the claimants 4 and 5 are entitled to Rs.3,00,000/- each.14. The second respondent is directed to deposit the compensation amount now determined by this Court, along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants 1, 4 and 5 shall be permitted to withdraw their respective compensation along with interest and costs, less the amount if any, already withdrawn, by making formal application before the Tribunal. 15. The second and third claimants being minors, their respective shares are directed to be invested in anyone of the Nationalized Banks under a Fixed Deposit Scheme for a period of three years which shall be renewed periodically until they attain Page 7 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 2025majority and the 1st appellant/first claimant, being the Natural Guardian of the minors second and third claimants, is permitted to withdraw the interest accrued thereon once in three months and the same shall be used for the welfare of the minors claimants.There shall be no order as to costs.27.02.2025Index:Yes/NoInternet:Yes/No mstTo1. The Special District Judge, Motor Accident Claims Tribunal, Salem.2. The Section Officer, V.R.Section, Madras High Court, Chennai-104.Page 8 of 9 https://www.mhc.tn.gov.in/judis CMA No.570 of 2025 S.SOUNTHAR, J.mstCMA No.570 of 202527.02.2025 Page 9 of 9