High Court · 2025

C.M.A.No.167 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.01.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIC.M.A.No.167 of 20251.Saniya2.Minor.Yasudin3.Minor.Yasin4.Babu5.Shamsath6.Minor.Napidha(2nd and 3rd Minors are rep. by their Next Friend/ Mother/ 1st Appellant viz., Saniya. 6th Minor is rep. by her Next Friend/ Mother/ 5th Appellant viz., Shamsath)... Appellants Vs.1.R.Karthikeyan2.The Manager, New India Assurance Company Ltd., Branch Office, No.7, B.K.Building, Ramalinga Madalaya Street, Gugai, Salem – 636 006.... RespondentsPrayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor 1/8 https://www.mhc.tn.gov.in/judis C.M.A.No.167 of 2025Vehicles Act, 1988, to enhance the compensation amount made in order dated 23.08.2023 made in M.C.O.P.No.1143 of 2021 on the file of the MACT Tribunal, Special District Court for MACT Cases, Krishnagiri by allowing this civil miscellaneous appeal.For Appellants : Mr.S.P.YuarajFor Respondents : R1 – NDW vide order dt.7/1/25 Mr.J.Chandran for R2J U D G M E N TThis appeal has been filed by the appellants/ claimants challenging the judgment and decree dated 23.08.2023 made in M.C.O.P.No.1143 of 2021 on the file of the MACT Tribunal, Special District Court for MACT Cases, Krishnagiri.2.The learned counsel appearing for the appellants submitted that on 26.04.2021 at about 20.00 hours, the deceased Sanbasha Babu was walking in Hosur to Krishnagiri NH Road at SikkeriMedu in front of Saravana Bhavan Hotel. At that time, the two wheeler bearing Registration No.TN-77-P-1005 belonging to the first respondent and insured with the second respondent, came in a rash and negligent manner and dashed against the deceased, due to which, the deceased died on the spot.2/8 https://www.mhc.tn.gov.in/judis C.M.A.No.167 of 20253.The learned counsel appearing for the appellants further submitted that thereafter, the wife, sons, parents and sister of the deceased Sanbasha Babu/ appellants/ claimants filed claim petition before the Motor Accidents Claims Tribunal, claiming a sum of Rs.50 Lakhs as compensation. After adjudication, the Tribunal awarded a sum of Rs.30,18,600/- as compensation along with interest at the rate of 7.5% per annum from the date of petition viz., 21.09.2021 till the date of deposit with proportionate costs. Aggrieved by the same, the claimants have preferred this appeal seeking enhancement in compensation.4.The learned counsel appearing for the appellants further submitted that the accident is of the year 2021 and the deceased was earning a sum of Rs.30,000/- per month, however, the Tribunal fixed the notional monthly income of the deceased as Rs.12,000/- and awarded a meagre compensation for loss of dependency and further submitted that the compensation awarded under the other heads also are meagre.5.The learned counsel appearing for the second respondent 3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.167 of 2025Insurance Company submitted that the Tribunal after considering all the factual aspects, awarded the compensation which is just and reasonable and hence, the impugned judgment warrants no interference.6.Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the second respondent and perused the materials available on record.7.The accident and the manner in which the accident happened are not disputed. This appeal has been filed only questioning the quantum of compensation. Hence, there is no need for any discussion with regard to negligence aspect.8.The tribunal after elaborately discussing the factual aspects awarded a sum of Rs.27,21,600/- for loss of dependency, Rs.2,64,000/- for loss of consortium, Rs.16,500/- for funeral expenses, Rs.16,500/- for loss of estate and arrived at a total compensation of Rs.30,18,600/- with interest at the rate of 7.5% p.a. from the date of petition viz., 21.09.2021 till the date of deposit.4/8 https://www.mhc.tn.gov.in/judis C.M.A.No.167 of 20259.The accident is of the year 2021 and the deceased was aged 25 years at the time of death. Even in the absence of any income proof, for the relevant period a sum of Rs.18,000/- ought to have been fixed as the notional monthly income of the deceased. Hence, this Court fix a sum of Rs.18,000/- as the notional monthly income of the deceased. The Tribunal has rightly awarded 40% of the monthly income for future prospects and has rightly deducted 1/4 of the amount towards personal expenses and has rightly adopted the multiplier 18. Hence, the amount awarded for loss of dependency works out to Rs.40,82,400/- [Rs.18,000/- X 40% = Rs.7,200/-; Rs.18,000/- + Rs.7,200/- = Rs.25,200/-; Rs.25,200/- X 1/4 = Rs.6,300/-; Rs.25,200/- - Rs.6,300/- = Rs.18,900/-; Rs.18,900/- X 12 X 18 = Rs.40,82,400/-]. 10.The amount awarded under the other heads, namely, loss of estate, funeral expenses and loss of consortium, in the opinion of this Court are just and reasonable and the same are confirmed.11.Accordingly, the compensation amount is re-assessed as 5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.167 of 2025follows:S.No.DescriptionAmount Awarded by the TribunalAmount Awarded by this Court1.Loss of dependencyRs.27,21,600/-Rs.40,82,400/-2.Funeral ExpensesRs. 16,500/-Rs. 16,500/-3.Loss of estateRs. 16,500/-Rs. 16,500/-4.Loss of consortiumRs. 2,64,000/-Rs. 2,64,000/-TotalRs.30,18,600/-Rs.43,79,400/-12.The claimants are entitled to total compensation of Rs.43,79,400/- along with interest at the rate of 7.5% p.a. from the date of petition viz., 21.09.2021 till the date of deposit.13.The civil miscellaneous appeal is partly allowed. The judgment and decree dated 23.08.2023 made in M.C.O.P.No.1143 of 2021 on the file of the MACT Tribunal, Special District Court for MACT Cases, Krishnagiri, is modified to the above extent. 14.The second respondent Insurance Company is directed to deposit the modified/ enhanced award amount before the Tribunal within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellants 1, 4 and 5 are 6/8 https://www.mhc.tn.gov.in/judis C.M.A.No.167 of 2025permitted to withdraw their respective shares as apportioned by the Tribunal, along with accrued interest and proportionate costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. The appellants 2, 3 and 6 are permitted to withdraw their shares as apportioned by the Tribunal, along with accrued interest and proportionate costs, on making proper and necessary application before the Tribunal and on production of necessary proof with regard to their majority. If the appellants 2, 3 and 6 are still minors, their shares shall be kept in an interest yielding fixed deposit with anyone of the Nationalized Bank, initially, for a period of three years to be renewed at periodic intervals until they attain majority and; the interest derived from out of the said share of the minors 2 and 3 shall be paid to the first claimant/ mother every quarter to be utilized for the welfare of the said minors, the interest derived from out of the said share of the 6th minor shall be paid to the fifth claimant/ mother every quarter to be utilized for the welfare of the said minor. 15.The appellants/ claimants shall not be entitled to any interest for the period of delay, if any, in filing/ representing the appeal. The appellants/ claimants are directed to pay the requisite Court fee for the 7/8 https://www.mhc.tn.gov.in/judis C.M.A.No.167 of 2025M.DHANDAPANI,J.prienhanced compensation amount, if required. The MACT Tribunal, Special District Court for MACT Cases, Krishnagiri, shall disburse the enhanced amount upon production of certified copy showing proof of payment of Court fee by the appellants/ claimants. 16.The civil miscellaneous appeal is partly allowed. No costs. 27.01.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1.The MACT Tribunal, Special District Court for MACT Cases, Krishnagiri.C.M.A.No.167 of 202527.01.20258/8