P. Vellaiyammal v. T. Gnanadhas

JUDGMENT This civil miscellaneous appeal has been filed by the appellants/claimants challenging the award passed by the learned Chief Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Chennai. in MCOP No. 5350 of 2019 dated 21.12.2023 wherein the claimants are seeking enhancement of compensation fixed by the Tribunal.

¶2The first appellant is the mother of the deceased, Palaniyammal and appellants 2 to 4 are the children of the deceased. The case of the claimants is that on 12.08.2019, the deceased was travelling as a pillion rider on a two wheeler on Manapparai to Kovilpatti road and at about

20.00 hours, the offending vehicle, which was a tipper lorry belonging to the first respondent, was driven in a rash and negligent manner and rammed into the two wheeler from behind. As a result, the deceased fell down, the lorry ran over her and she died on the spot. Consequently, a First Information Report came to be registered against the driver of the offending vehicle in Crime No.271 of 2019. 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.26,21,200/- under various heads as follows: Sl.No. Heads Compensation awarded by the Tribunal (in Rs.)

¶1Loss of Dependency 24,19,200

¶2Loss of Consortium 1,60,000

¶3Loss of Estate 15,000

¶4Funeral expenses 15,000

¶5Transportation expenses 10,000

¶6Damages to personal belongings 1,000 Total 26,20,200 The total compensation amount was rounded off to Rs.26,21,000/- and the compensation was directed to be paid by the second respondent/Insurance Company together with interest at the rate of 7.5% per annum. Aggrieved by the same, the present appeal has been filed by the appellants/claimant seeking enhancement of compensation.

¶5Heard Mr.Amar D Pandiya, learned counsel for the appellants/claimants and Mr.B.Sivakollapan, 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 is with regard to the notional monthly income of the deceased that was fixed by the Tribunal. In the case in hand, the accident had taken place in the year 2019 and the Tribunal fixed the notional monthly income of the deceased at Rs.12,000/-, which is on the lower side. This Court is inclined to fix the notional monthly income of the deceased at Rs.17,500/-.

¶8Accordingly, the compensation under the head 'loss of dependency' is calculated as follows: Monthly Income : Rs. 17,500/-Add:40% future prospects : Rs. 7,000/-------------------Rs. 24,500/-Less: Personal expenses (1/4) : Rs. 6,125/-------------------Rs. 18,375/-x 12 ------------------Annual income : Rs. 2,20,500/-Multiplier : x 16 ------------------Loss of Dependency : Rs.35,28,000/-------------------

¶9Insofar as the compensation fixed by the Tribunal under the other heads is concerned, this Court finds that the same is just and fair and does not require any interference.

¶10In the light of the above discussion, this Court modifies the compensation in the following manner: Sl.No. Heads Awarded by the Tribunal (in Rs.) Modified by this Court (in Rs.)

¶1Loss of Dependency 24,19,200 35,28,000

¶2Loss of Consortium 1,60,000 1,60,000

¶3Loss of Estate 15,000 15,000

¶4Funeral expenses 15,000 15,000

¶5Transportation expenses 10,000 10,000

¶6Damages to personal belongings 1,000 1,000 Total 26,20,200 37,29,000

¶11The compensation awarded by the Tribunal at Rs.26,21,000/- is enhanced to Rs.37,29,000/-. 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 appellants/claimants will not be entitled for interest for the period of delay of 287 days as was ordered by this Court in C.M.P.No.20192 of 2025 in C.M.A.Sr.No.126339 of 2025 dated 08.06.2026. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants.

¶12From and out of the amount deposited, the three minor children/appellants 2 to 4 are entitled to a sum of Rs.11,00,000/- each along with accrued interest and the first appellant, mother of the deceased, is entitled to the balance amount along with accrued interest. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

¶13In the result, this Civil Miscellaneous Appeal is partly allowed. No costs.

09.07.2026 ham To

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

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

, J.

ham

09.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH 1. P.Vellaiyammal 2. C.Chitra (Minor) 3. C.Selvi (Minor) 4. C.Manikandan (Minor) (Minors rep. by maternal grandmother and next friend, 1st appellant) ... Appellants Vs. 1. T.Gnanadhas 2. IFFCO Tokio General Insurance Co. Ltd., Iffco Bhavan, 4th floor, No.128, Habibullah Road, T.Nagar, Chennai – 600 017. ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the compensation awarded in the judgment and decree dated 21.12.2023 made in MCOP No.5350 of 2019 on the file of the Motor Accidents Claims Tribunal, Court of Small Causes, Chennai. For Appellants : Mr.Amar D Pandiya for M.S.Elangovan Law Associates For Respondents : Ex parte (R1) Mr.B.Sivakollapan (R2)