Santhi v. P.Thangababu

JUDGMENT This appeal has been filed against the judgment of the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai, passed in M.C.O.P.No.1280 of 2023 dated 17.12.2025, wherein the claimants are seeking enhancement of compensation.

¶2The first claimant is the wife and the claimants 2 and 3 are the married daughters of the deceased. The deceased was travelling in a two wheeler on

28.12.2022 at Chennai Salem Highways and at about 22 hours near the land belonging to one Suburayalu, the offending vehicle, a van, was driven in a rash and negligent manner and dashed against the two wheeler as a result of which the deceased sustained serious injuries and died on the spot. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking compensation.

¶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. However, the Tribunal found that the deceased did not have a valid driving license and attributed 10% contributory negligence. Having rendered the above finding, the Tribunal proceeded to Page3 of 6 determine the compensation amount in the following manner: Sl. No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of dependency 14,25,600/-

¶2Loss of consortium 1,32,000/-

¶3Loss of estate 16,500/-

¶4Funeral expenses 16,500/-

¶5Medical bills Nil Total 15,90,600/- From the above compensation, 10% was deducted and a sum of Rs.14,31,540/- was directed to be paid along with interest at 7.5% p.a. Aggrieved by the same, the present appeal has been filed before this Court seeking enhancement of compensation.

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

¶5The Tribunal, on appreciation of evidence, has rendered a finding that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. Having held so, the Tribunal attributed 10% contributory negligence only on the ground that the deceased did not possess a driving license at the time of accident and it is now too well Page4 of 6 settled that mere non-possession of driving license would not automatically result in attributing contributory negligence. Useful reference can be made to the judgment of the Apex Court in Dinesh Kumar J. v. National Insurance Company Limited and others [(2018) 1 SCC 750].

¶6Coming to the compensation granted to the Tribunal, the Tribunal has fixed the notional monthly income of the deceased at Rs.18,000/- and determined the compensation under the head 'loss of dependency'. In the case in hand, the accident had taken place during December'2022 and the deceased left behind his wife and two married daughters. Considering the same, this Court is inclined to fix the notional monthly income at Rs.20,000/-. Thus, the compensation under the head 'loss of dependency' is calculated as follows: Monthly Income : Rs. 20,000/- Add: 10% future prospects : Rs. 2,000/- ----------------- Rs. 22,000/- Less: Personal expenses (1/3) : Rs. 7,333/- ----------------- Rs. 14,667/- x 12 ----------------- Annual income : Rs.1,76,004/- Multiplier : x 9 ----------------- Loss of income : Rs.15,84,036/- ----------------- Page5 of 6

¶7The Tribunal has not granted any compensation under the head 'transport charges' and hence, this Court is inclined to fix a sum of Rs.10,000/- under such head.

¶8The compensation fixed under the other heads is reasonable and does not require the interference of this Court.

¶9In 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 14,25,600/-15,84,036/-

¶2Loss of consortium 1,32,000/-1,32,000/-

¶3Loss of estate 16,500/-16,500/-

¶4Funeral expenses 16,500/-16,500/-

¶5Transport charges -10,000/-

¶6Medical bills --Total 15,90,600/-17,59,036/-Less: 10% contributory negligence 1,59,060/--Compensation payable 14,31,540/-17,59,036/-Rounded off to 17,59,000/-

¶10The compensation awarded by the Tribunal at Rs.14,31,540/- is enhanced to Rs.17,59,000/-. The second respondent insurance company is Page6 of 6

N.ANAND VENKATESH, J. gm 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 six (6) weeks from the date of receipt of this judgment. On such deposit, the appellants/claimants are entitled to withdraw their respective shares on due application. 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. In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. 16-07-2026 Index: Yes/No Speaking/Non-speaking order gm To The Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai. Civil Miscellaneous Appeal No.2180 of 2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2180 of 2026 1. Santhi W/o.Subramanian 2. Chitra W/o.Balasubramaniam 3. Kavitha W/o.Naresh ..Appellants Vs 1. P.Thangababu 2. The Manager, Iffco Tokio General Insurance Co. Ltd., Iffco Bhavan, 4th Floor, No.128, Habibullah Road, T.Nagar, Chennai 600 017. Policy No.1-21ZZYTBA P400/MQ760647 Valid from 18.09.2022 to 17.09.2023 ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment dated 17.12.2025, passed in MCOP No.1280 of 2023, on the file of the Motor Accident Claims Tribunal (VI Court of Small Causes) Chennai. For Appellants : Mr.K.Balaji For Respondents : Mr.S.Srinivasan [R2] ***** Page2 of 6