Kasthuri v. I.Abel

JUDGMENT This civil miscellaneous appeal has been filed challenging the award passed by the learned V Judge, V Small Causes Court, Motor Accidents Claims Tribunal, Chennai, in MCOP No.3689 of 2017 dated

06.06.2022, wherein the claimant is seeking enhancement of compensation.

¶2The claimant is the mother of the deceased, Rajkumar. The case of the claimant is that on 13.06.2017, the deceased was travelling as a pillion rider on a two wheeler on the GST road and at about 16.15 hours, opposite to the Alandur M.H. point, the offending vehicle, which was a van driven in a rash and negligent manner, dashed against the deceased's two wheeler. As a result, the deceased was thrown off the vehicle, sustained grievous injuries and succumbed to injuries. Consequently, a First Information Report came to be registered in Crime No.253 of 2017 against the driver of the offending vehicle. 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 only due to the rash and negligent driving on the part of the driver of the offending vehicle.

¶4Having rendered the above finding, the Tribunal proceeded to fix the total compensation at Rs.19,41,400/- under various heads as follows: S.No. Heads Compensation awarded by the Tribunal (in Rs.)

¶1Loss of Dependency 18,56,400

¶2Loss of Estate 15,000

¶3Funeral expenses 15,000

¶4Loss of Love and Affection 50,000

¶5Transportation Expenses 5,000 Total 19,41,400 The above compensation was directed to be paid by the second respondent/Insurance Company along with interest at the rate of 7.5% per annum. Aggrieved by the same, the claimant has filed the present appeal seeking enhancement of compensation.

¶5Heard Mr.R.Nalliyappan, learned counsel for the appellant/claimant and Mr.J.Michael Visuvasam, learned counsel for the second respondent/Insurance Company.

¶6This Court, also carefully considered the materials available on record and went through the award passed by the Tribunal.

¶7The bone of contention raised is regarding the notional monthly income fixed by the Tribunal while determining compensation under the head 'Loss of Dependency'. The Tribunal fixed the notional monthly income of the deceased at Rs.13,000/-.

¶8The case of the claimant is that the deceased was working as a Kitchen Master and earning Rs.20,000/- per month. However, there is no proof of income and therefore, considering that the accident had taken place in the year 2017, this Court is inclined to fix the notional monthly income of the deceased at Rs.16,000/-.

¶9Accordingly, the compensation under the head 'loss of dependency' is calculated as follows: Monthly Income : Rs. 16,000/-Add:40% future prospects : Rs. 6,400/-------------------Rs. 22,400/-Less: Personal expenses (1/2) : Rs. 11,200/-------------------Rs. 11,200/-x 12 ------------------Annual income : Rs. 1,34,400/-Multiplier : x 17 ------------------Loss of Dependency : Rs.22,84,800/-------------------

¶10The Tribunal has fixed a sum of Rs.50,000/- under the head 'Loss of Love and Affection' and the same is reduced to a sum of Rs.40,000/-.

¶11The compensation fixed by the Tribunal under the other heads is just and reasonable and does not require the interference of this Court.

¶12In the light of the above discussion, this Court modifies the compensation in the following manner: S.No. Heads Awarded by the Tribunal (in Rs.) Modified by this Court (in Rs.)

¶1Loss of Dependency 18,56,400 22,84,800

¶2Loss of Estate 15,000 15,000

¶3Funeral expenses 15,000 15,000

¶4Loss of Love and Affection 50,000 40,000

¶5Transportation Expenses 5,000 5,000 Total 19,41,400 23,59,800

¶13The compensation awarded by the Tribunal at Rs.19,41,400/- is enhanced to Rs.23,59,800/-. The second respondent/Insurance Company 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 six (6) weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellant. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

¶14In the result, this Civil Miscellaneous Appeal is partly allowed. No costs. 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 the compensation amount to the claimant.

28.07.2026 ham To

¶1The V Judge, V Small Causes Court, Motor Accidents Claims Tribunal, Chennai.

¶2The Section Officer, VR Section, High Court of Madras. N. ANAND VENKATESH

, J.

ham

28.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH Kasthuri ... Appellant Vs. 1. I.Abel 2. United India Insurance Company Ltd., Motor Third Party Hub, Silingi Building, 4th Floor, 134, Greams Road, Chennai – 600 006. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the compensation in judgment and decree dated 06.06.2022 made in MCOP No.3689 of 2017 on the file of the Motor Accidents Claims Tribunal, V Small Causes Court, Chennai. For Appellant : Mr.R.Nalliyappan For Respondents : Mr.J.Michael Visuvasam for R2