High Court · 2025

CMA.No.170 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.01.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANICMA.No.170 of 20251.Kannagi2. Arumugam3. Pandiyan ...AppellantsVs.1.M/s.R.Sai Logistics India (P) Limited,No.603 604, Vipul Trade Centre,Sector-18, Sohna Road, Gurgaon, Haryana.2. The Oriental Insurance Company Limited,TP-HUB, Parimalan Complex,EVN Road, Erode. ...Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and award on the Special District Judge's Court (Motor Accident Claims Tribunal) at Salem, dated 01.06.2022 in M.C.O.P.No.1235 of 2020.For Appellants: Mr.S.Kaithamalai KumaranFor Respondents: Mr/.G.Ponnamabal Thiyagarajan for R2 Notice Dispensed with [R1]1/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025JUDGMENTChallenging the decree and judgment dated 01.06.2022 made in M.C.O.P.No.1235 of 2020, on the file of Special District Judge's Court (Motor Accident Claims Tribunal) at Salem, the claimants have filed the above appeal.2. Mr.G.Ponnambala Thiyagarajan, learned counsel takes notice on behalf of the 2nd respondent. 3. In view of the judgment being passed, notice to the first respondent is dispensed with.3. It is the case of the claimants that, on 28.11.2019 at about 00.00 a.m., when the deceased namely Muthu was riding his two-wheeler bearing Regn.No.TN 30 BS 9920, at that time a lorry bearing registration No.NL 01 Q 1447 belonging to the first respondent driven by its driver in a rash and negligent manner and dashed against the deceased, due to which the deceased sustained grievous injuries and succumbed to the same. Thereby, the appellants, who are the dependents of the deceased 2/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025filed a claim petition in MCOP.No.1235 of 2020 claiming a compensation of Rs.30,00,000/-. 4. Before the Tribunal, the appellants examined P.W.1 and marked Exhibits P.1 to P.11 and on the side of the respondents, no documents were marked and no witnesses were examined. After trial, the Tribunal, on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place solely due to the rash and negligent driving on the part of the driver of the 1st respondent and awarded Rs.11,05,000/- towards compensation for the death of the deceased. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants/claimants have come up with this appeal seeking enhancement of compensation.5. Learned counsel for the appellants submitted that the above said accident happened solely due to the rash and negligent driving on the part of the driver of the 1st respondent vehicle and the accident is of the year 2019 and at the time of accident, the deceased was aged about 21 years and was working in Rebar Design & Detailing services at Salem and was 3/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025earning a sum of Rs.20,000/- per month, however, the tribunal had taken the notional income of the deceased as Rs.10,000/-, which is very meagre and the same is contrary to the ratio laid down by the Hon'ble Apex court in catena of decisions and thereby, the same has to be interfered with. Further, the compensation awarded under other heads are also on the lower side and the same needs to be enhanced. Accordingly, he prayed for appropriate orders.6. Per contra, the learned counsel appearing on behalf of the 2nd respondent-Insurance Company contended that, by considering all the relevant documents, the Tribunal has rightly awarded the compensation, which does not require any enhancement. Accordingly, he prays for dismissal of the appeal. 7. This Court has carefully considered the submissions made by the learned counsel on either side and perused the materials available on record.8. The factum and manner of the accident is not disputed by the 4/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025parties and the parties have not raised any issue on the aspect of negligence and therefore, this Court is not venturing into the same. 9. Insofar as the quantum of compensation fixed by the tribunal is concerned, the accident is of the year 2019 and at the time of accident, the deceased was aged about 21 years and he was working in Rebar Design & Detailing services at Salem, however, the Tribunal has fixed the notional monthly income at Rs.10,000/-, which is on the lower side. Applying the ratio laid down by the Hon'ble Supreme Court in the case of Syed Sadiq Vs. United India Insurance Company reported in 2014 (1) TANMAC 459, and also considering the age of the deceased as also the claimants, fixing a notional income of Rs.17,000/- and adding future prospects at 40%, as has been held by the Constitution Bench in the case of National Insurance Company Limited Vs. Pranay sethi and others reported in 2017 (16) Supreme Court Cases 680, the income per month is quantified at Rs.23,800/- (17,000 + 6,800). Since the deceased died as a bachelor, 50% has to be deducted towards personal expenses. After deducting 50% towards personal expenses, the monthly income of the deceased would be at Rs.11,900/- (Rs.23,800 – 50% of Rs.23,800) and as 5/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025per the Judgment of the Hon'ble Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and another reported in 2009 (2) TN MAC 1 (SC), the right multiplier to be adopted is '18' and hence, the loss of income would be at Rs.25,70,400/- (Rs.11,900 x 12 x 18). 10.The tribunal had awarded a compensation of Rs.60,000/- under the head loss of love and affection, which is on the lower side and the same is enhanced to a sum of Rs.1,20,000/-. Hence, the dependents are entitled to get a sum of Rs.40,000/- each as compensation under the said head. A sum of Rs.25,000/- has been awarded under the head “funeral expenses” which is on the higher side, hence the same is reduced to a sum of Rs.15,000/-. No amount has been awarded under the head “loss of estate”. Hence, a sum of Rs.15,000/- is granted under the said head.11. In the above circumstances, the compensation awarded by the Tribunal is modified as under :-HeadsAmount awarded by the Tribunal(Rs.)Modified Award Amount(Rs.)Loss of income10,20,000/-25,70,400/-6/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025HeadsAmount awarded by the Tribunal(Rs.)Modified Award Amount(Rs.)Loss of love and affection 60,000/-1,20,000/-Funeral expenses25,000/-15,000/-Loss of estate-15,000/-Total11,05,000/-27,20,400/-12. Accordingly, this Civil Miscellaneous Appeal stands allowed in part and the impugned award passed by the Tribunal in MCOP.No.1235 of 2022 is modified by enhancing the compensation amount from Rs.11,05,000/- to Rs.27,20,400/-. The 2nd respondent Insurance company is directed to deposit the said amount to the credit of MCOP.No.1235 of 2022 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of four (4) weeks from the date of receipt of a copy of this judgment. In the above compensation, the appellants 1 and 2 are entitled to Rs.10,88,160/- each and the 3rd appellant is entitled to a sum of Rs.5,44,080/- with proportionate interest and costs. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank 7/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025account of the appellants/claimants through RTGS within a period of two weeks thereafter, upon production of proof with regard to payment of Court fee on the enhanced compensation. It is underscored that the appellants are not entitled to any interest for the default period, if any. No costs.28.01.2025rapNCC: Yes/NoIndex: Yes/NoSpeaking Order : Yes/No To:1.Special District Judge's Court (Motor Accident Claims Tribunal) at Salem2. The Section Officer, V.R. Section, High Court, Madras.M.DHANDAPANI, J.8/9 https://www.mhc.tn.gov.in/judis CMA.No.170 of 2025rapCMA.No.170 of 202528.01.20259/9