High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20.08.2025CORAM:THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVIC.M.A.No.1693 of 2024Rosi ... AppellantVs.1.Hand in Hand IndiaNo.90 A, Nasarath Pettai VillageOpp- Pachaiyappas Mens College,Little Kancheepuram – 631 5032. ICICI Lombard General Insurance Co., Ltd.,No.84 & 85, Wall tax road,1st Floor, Arihand Plaza,Chennai – 600 003.3. Venkateshan ... RespondentsPRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 23.12.2020 made in M.A.C.T.O.P.No. 4514 of 2017 on the file of the Special Sub Court No.1, Motor Accident Claims Tribunal, Small Causes Court, Chennai. 1 of 9 https://www.mhc.tn.gov.in/judis For Appellant : Mr.K.V. Muthu Visakan For Respondent: Mr.R. V. SivarajJUDGMENTThe appellant had filed this appeal to enhance the award passed by the Special Sub Court No.1, Motor Accidents Claims petitions, Small Causes Court, Chennai on 23.12.2020 made in M.A.C.T.O.P.No.4514 of 2017 from Rs.15,97,000/- to Rs.19,97,000/-.2. The brief facts of the case of the appellant/claimant is as follows:On 08.04.2017 at about 7.30 hours when the deceased was riding his motor cycle bearing Reg.No.TN-03-U-5362 at T.H. Road a van bearing Registration No. TN-21-Bc-7695 came in the opposite direction and dashed against the deceased. As a result of whch the deceased sustained multiple and grievous injuries and succumbed to the injuries. Hence, the father of the deceased filed a claim petition before the Tribunal seeking a sum of Rs.55,00,000/- as compensation. 2 of 9 https://www.mhc.tn.gov.in/judis

3. Upon considering the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded a sum of Rs.15,97,000/- as compensation, directed the second respondent 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 erred in awarding Rs.10,000/- as monthly income of the deceased as he was earning Rs.15,000/- per month at the time of accident. He further submitted that the Tribunal has erroneously awarded a sum of Rs.3,00,000/- to the third respondent who is the father of the deceased. Hence prays to enhance the compensation and pass an order directing the appellant along to receive the enhanced compensation. 3 of 9 https://www.mhc.tn.gov.in/judis

6. On the other hand, the learned counsel appearing for the second 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 available on record8. On a analysis of the award of the Tribunal would go to show that the Tribunal has awarded Rs.15,12,000/- towards the head loss of dependency, Rs.50,000/- towards loss of love and affection; Rs.16,000/- each towards loss of estate and funeral expenses. Thus the total compensation comes to Rs.15,97,000/- 9. Considering the occupation of the deceased this Court is of the view that the deceased would be earning Rs.14,000/- 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. Considering the age of the deceased 1/1 of the income is to be deducted towards the deceased's 4 of 9 https://www.mhc.tn.gov.in/judis personal expenses. 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 18.CalculationMonthly Income = Rs.14,000/-40% Future Prospects = 14,000 + 5,600 = 19,600/-After 1/2 deduction = 19,600 – 9,800 = Rs.9,800/-Loss of Income= Rs.9,800 x 12 x 18= Rs.21,16,800/-. The amount awarded under the head Loss of estate and funeral expenses is enhanced to Rs.16,000/- each and the transport charges is enhanced to Rs.10,000/- 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 dependencyRs.15,12,000/-Rs.21,16,800/-2. Loss of love and affectionRs.50,000/-Rs.50,000/-3. Loss of estateRs.15,000/-Rs.16,000/-4.Transport ChargesRs.5,000/-Rs.10,000/-5Funeral expemsesRs.15,000/-Rs.16,000/-TotalRs.15,97,000/-Rs.22,08,800/-Thus, the compensation awarded by the Tribunal is enhanced from Rs.15,97,000/- to Rs.22,08,800/- , 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.15,97,000/- to Rs.22,08,800/- iii. The appellant 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.6 of 9 https://www.mhc.tn.gov.in/judis iv. The second respondent is directed to deposit the enhanced compensation amount, i.e.,Rs.22,08,800/-, (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.C.O.P.No. 571 of 2019 dated 05.12.2022 on the file of the Motor Accident Claims Tribunal ( Special Subordinate Judge Court), Erode. 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 appellant alone is entitled to withdraw the enhanced compensation amount after following due process of law. It is made clear that the third respondent is not entitled to receive the enhanced compensation amount.vi. The appellant/claimant shall not be entitled to claim interest for the period of delay, if any, in filing this appeal. 20.08.2025Index:Yes/NoSpeaking/non Speaking orderNeutral Case citation: yes/nosmn7 of 9 https://www.mhc.tn.gov.in/judis To1. The Special Sub Court No.1, Motor Accident Claims Tribunal, Small Causes Court, Chennai. . 2.Hand in Hand IndiaNo.90 A, Nasarath Pettai VillageOpp- Pachaiyappas Mens College,Little Kancheepuram – 631 5032. ICICI Lombard General Insurance Co., Ltd.,No.84 & 85, Wall tax road,1st Floor, Arihand Plaza,Chennai – 600 003. 3. The Section Officer, V.R. Section, High Court of Madras. 8 of 9 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI , J. smnC.M.A.No.1693 of 202420.08.20259 of 9