Sivanandhini v. Govindasamy

JUDGMENT This appeal has been filed against the award passed by the Special District Judge, Motor Accident Claims Tribunal, Krishnagiri in M.C.O.P.No.715 of 2021, dated 15.12.2022, wherein the claimants are seeking for enhancement of compensation.

¶2The first claimant is the wife, the second and third claimants are the minor children, the fourth and fifth claimants are the parents, and the sixth claimant is the brother of the deceased, Arjunan. The case of the claimants is Page2 of 8 that on 25.01.2021, while the deceased was proceeding in a two-wheeler from Thadikkal – Royakottai, and after purchasing vegetables, he was returning to Thadikkal, at about 7.00 p.m., the offending vehicle which was a Bharat Benz lorry was coming in the opposite direction, was driven in a rash and negligent manner and it dashed against the two-wheeler, As a result of which, the deceased fell down and the lorry ran over his head, resulting in the instantaneous death of the deceased.

¶3An FIR was also came to be registered in Crime No.21/2021 against the driver of the offending vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal.

¶4The Tribunal on considering the facts and circumstances of the case, and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle.

¶5The Tribunal having rendered the above finding fixed the total compensation at Rs.24,39,000/- under the following heads: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of dependency Rs.21,42,000/-

¶2Loss of Estate Rs.16,500/- Page3 of 8

¶3Funeral expenses Rs.16,500/-

¶4Loss of Consortium (44,000 x 6) Rs.2,64,000/- Total Rs.24,39,000/- The above compensation was directed to be paid with interest at the rate of

7.5% per annum. Aggrieved by the same, the present appeal has been filed before this Court seeking for enhancement of compensation.

¶6This Court heard Mr.P.Dinesh Kumar, learned counsel appearing on behalf of the appellants – claimants and Mr.P.M.Jayachandran, learned counsel appearing on behalf of the first respondent and Mrs.R.Sreevidhya, learned counsel appearing on behalf of the Insurance Company.

¶7The bone of contention is regarding the notional monthly income that was fixed by the Tribunal at Rs.10,000/- for an accident which took place in the year 2021.

¶8The deceased was aged about 29 years and he left behind a young wife and two minor children apart from the parents and the dependant brother who is said to be a differently abled person. The accident had taken place in the year 2021, therefore, this Court is inclined to fix a total notional monthly income at Rs.19,000/-. Accordingly, the compensation under the head of loss of dependency is calculated as follows: Page4 of 8 Monthly Income : Rs.19,000/- Future Prospects @ 40% : Rs.7,600/- = Rs.26,600/- Deduction 1/4 towards personal expenses : Rs.19,950/- (Rs.26,600/- (-) Rs.6,650/-) Annual Income : Rs.2,39,400/- (Rs.19,950/- x 12) Multiplier : '17' Loss of income: Rs.40,69,800/- (Rs.2,39,400/- x 17)

¶9The compensation granted under the other heads are just and reasonable and it does not require interference by this Court. Sl. No. Compensation awarded under the head Amount by the Tribunal (in Rs.) Amount awarded by this Court (in Rs.)

¶1Loss of dependency Rs.21,42,000/-Rs.40,69,800/-

¶2Loss of Estate Rs.16,500/-Rs.16,500/-

¶3Funeral expenses Rs.16,500/-Rs.16,500/-

¶4Loss of Consortium Rs.2,64,000/-Rs.2,64,000/-Total Rs.24,39,000/-Rs.43,66,800/-

¶10The compensation awarded by the Tribunal at Rs.24,39,000/- is enhanced to Rs.43,66,800/-. The second respondent – Insurance Company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit within a period of six (6) weeks from the date of receipt of a copy of this judgment and on such deposit, the claimants are entitled to withdraw the same on due application as apportioned by the Page5 of 8 Tribunal. Insofar as the enhanced compensation of Rs.19,27,800/- is concerned, the appellants/claimants will not be entitled for interest for the period of delay of 672 days as was ordered by this Court in C.M.P.No.3010 of 2025 in C.M.A.Sr.No.17038 of 2025 dated 13.03.2025. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

¶11In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. 16-07-2026 Index: Yes/No Speaking/Non-speaking order SSI Page6 of 8 To:

¶1The Special District Judge, Motor Accident Claims Tribunal, Krishnagiri.

¶2The Section Officer, V.R.Section, High Court of Madras. Page7 of 8 CMAoNo.o910oofo2025 N.ANANDoVENKATESH,oJ. SSI CMAoNo.o910oofo2025 16-07-2026 Page8oofo8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH 1. Sivanandhini W/o. Late. Arjunan D.No. 3/123 C, Thadikkal Village, Rathanagiri Post, Denkanikottai Taluk, Krishnagiri District. 2. Minor Srikanth S/o. Late. Arjunan D.No. 3/123 C, Thadikkal Village, Rathanagiri Post, Denkanikottai Taluk, Krishnagiri District. 3. Minor Anu D/o. Late. Arjunan D.No. 3/123 C, Thadikkal Village, Rathanagiri Post, Denkanikottai Taluk, Krishnagiri District. Minor 2nd and 3rd Petitioners Rep by Next Friend /Guardian /Mother 1st Petitioner viz., Sivanandhini 4. Pappamma W/o. Chennappan D.No. 3/123 C, Thadikkal Village, Rathanagiri Post, Denkanikottai Taluk, Krishnagiri District. 5. Chennappan S/o. Karupannan D.No. 3/123 C, Thadikkal Village, Rathanagiri Post, Denkanikottai Taluk, Krishnagiri District. 6. Periyasamy (Physically Handicapped person) S/o. Chennappan D.No. 3/123 C, Thadikkal Village, Rathanagiri Post, Denkanikottai Taluk, Krishnagiri District. ..Appellant(s) Vs Page1 of 8 1. Govindasamy S/o. Muniraj Door No. 2/58, Linganampatti Village, Koppakkarai Post, Denkanikottai Taluk, Krishnagiri District 635116. 2. The Divisional Manager Shriram General Insurance Company Ltd., Policy Issuing office at E-8, RIICO Industrial Area. Sitapura, Jaipur Rajasthan 302022 having branch office at CSI Church Complex, Denkanikottai Road, Hosur 635109. ..Respondent(s) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and decree dated 15.12.2022 in MCOP No.715/2021 on the file of Special District Court, Krishnagiri. For Appellant(s): Mr.P. Dinesh Kumar For Respondent(s): Mr.P.M.Jayachandran For R1 Mrs.R.Sreevidhya For R2