S.Sumathy v. K.Manoj Kumar

JUDGMENT This appeal has been filed against the award passed by the Motor Accident Claims Tribunal, V Additional District Judge, Coimbatore, dated

28.09.2022 in M.C.O.P.No.1808 of 2017 wherein the claimants are seeking enhancement of compensation.

¶2The first claimant is the wife and claimants 2 and 3 are the parents of the deceased Sundaramoorthy. The case of the claimants is that on 27.04.2017, the deceased was riding pillion in a two wheeler at Coimbatore-Trichy road and at about 3.40 p.m., near the Berkus School Junction, the offending vehicle, a tempo, came in a rash and negligent manner and dashed against the two wheeler as a result of which the deceased was thrown out of the vehicle and he succumbed to the injuries. A First Information Report came to be registered against the driver of the offending vehicle in Crime No.269 of 2017. It is under these circumstances, the claim petition came to be filed before the Tribunal.

¶3The 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 due to the rash and negligent driving on the part of the driver of the offending vehicle. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following Page3 of 6 manner: Sl. No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of dependency 13,44,000/-

¶2Spousal consortium 40,000/-

¶3Filial consortium 80,000/-

¶4Loss of estate 15,000/-

¶5Funeral expenses 15,000/- Total 14,94,000/- The above compensation was directed to be paid along with interest at 7.5% p.a. Aggrieved by the same, the present appeal has been filed by the claimants seeking compensation.

¶4Heard learned counsel for appellants and learned counsel for third respondent insurance company. This Court also considered the materials available on record and carefully went through the award passed by the Tribunal.

¶5The bone of contention is regarding monthly income fixed by the Tribunal while calculating the compensation under the head 'loss of income/dependency'. The accident had taken place in the year 2017. The Tribunal had fixed Rs.8,000/-as the monthly income of the deceased, which is clearly on the lower side. The deceased was aged about 40 years at the time of accident. Hence, this Court is inclined to fix the notional monthly income at Page4 of 6 Rs.15,000/-and 40% has to be added towards future prospects. Consequently, the compensation under the head 'loss of income/dependency' is calculated as follows: Monthly Income : Rs. 15,000/-Add: 40% future prospects : Rs. 6,000/-------------------Rs. 21,000/-Less: Personal expenses (1/3) : Rs. 7,000/------------------Rs. 14,000/-x 12 -----------------Annual income : Rs. 1,68,000/-Multiplier : x 15 ------------------Loss of dependency : Rs.25,20,000/-------------------

¶6The compensation awarded under the other heads are just and reasonable and do not require the interference of this Court.

¶7In the light of the above discussion, this Court modifies the compensation in the following manner: Sl.No. Compensation awarded under the head Amount by the Tribunal (in Rs.) Amount awarded by this Court (in Rs.)

¶1Loss of dependency 13,44,000/-25,20,000/-

¶2Spousal consortium 40,000/-40,000/-

¶3Filial consortium 80,000/-80,000/-

¶4Loss of estate 15,000/-15,000/-

¶5Funeral expenses 15,000/-15,000/-

¶6Total 14,94,000/- 26,70,000/- Page5 of 6

¶8The compensation awarded by the Tribunal at Rs.14,94,000/- is enhanced to Rs.26,70,000/-. The third respondent is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four (4) weeks from the date of receipt of this judgment. On such deposit, the claimants are entitled to withdraw their respective share on due application. Insofar as the enhanced compensation of Rs.11,76,000/- is concerned, the appellants/claimants will not be entitled for interest for the delay period as was ordered by this Court in C.M.P.No.4692 of 2026 in C.M.A.Sr.No.20192 of 2026 dated 07.07.2026. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. The guidelines issued by the Division Bench of this Court in C.M.A.No.2064 of 2026, dated 08.07.2026 shall be strictly complied with respect to disbursement of compensation amount to the claimants. In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. 06-08-2026 Index: Yes/No Speaking/Non-speaking order gm Page6 of 6

N.ANAND VENKATESH, J. gm To The Motor Accident Claims Tribunal, V Additional District Judge, Coimbatore. Civil Miscellaneous Appeal No.2481 of 2026 06-08-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2481 of 2026 1. S.Sumathy W/o.Sundaramoorthy 2. N.Ramasamy S/o.Natarajan 3. R.Manimegalai W/o.Ramasamy ..Appellants Vs 1. K.Manoj Kumar S/o.Kubendran 2. Navaneetham Agencies, 129, Oppanakara Street, Coimbatore - 641 001. 3. Oriental Insurance Co. Ltd., No.281 Crosscut Road, 1st Floor, Opp.to IAB Photo studio, P.B.No.2907, Gandhipuram, Coimbatore - 641 012. ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 28.09.2022 made in MCOP No.1808 of 2017 on the file of the Motor Accident Claims Tribunal, V Additional District Judge, Coimbatore. For Appellants : Mr.S.P.Yuaraj For Respondents : Mr.S.Senthil Kumar [R3] ***** Page2 of 6