Periyakkal v. Venugopal

JUDGMENT This appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Special District Judge, Salem, passed in M.C.O.P.No.412 of 2021 dated 01.09.2022, wherein the claimants are seeking enhancement of compensation.

¶2The first claimant is the wife and claimants 2 to 5 are the children of the deceased Kandasamy. The case of the claimants is that on 07.08.2020, the deceased was riding a two wheeler along with a pillion rider at Oothupalayam to Irugalur main road and at about 12.15 p.m., when the two wheeler was going opposite to Masagounder Thottam, the offending vehicle, a two wheeler, was driven in a rash and negligent manner and dashed against the two wheeler ridden by the deceased as a result of which the deceased was thrown away from the two wheeler and sustained grievous injuries and succumbed to the injuries. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking compensation. Page3 of 6

¶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 rider of the offending vehicle. Having rendered the above finding, the Tribunal proceeded to determine the compensation amount in the following manner: Sl. No. Compensation awarded under the head Amount (in Rs.)

¶19,90,000/-

¶2Loss of love and affection 1,00,000/-

¶3Loss of consortium 40,000/-

¶4Funeral expenses 25,000/- Total 11,55,000/- 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 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.

¶5In the case in hand, the deceased was aged about 58 years at the time of demise, he left behind his wife and four children out of which there is one Page4 of 6 married daughter and three sons, who were aged about 25, 22 and 20 years respectively. The accident had taken place in the year 2020. The Tribunal while calculating the loss of income has fixed the notional monthly income at Rs.12,000/-, which is on the lower side and hence, this Court is inclined to fix Rs.18,000/-as the notional monthly income and add 10% towards future prospects. Thus, the compensation under the head 'loss of income' is calculated as follows: Monthly Income : Rs. 18,000/-Add: 10% future prospects : Rs. 1,800/-----------------Rs. 19,800/-Less: Personal expenses (1/4) : Rs. 4,950/------------------Rs. 14,850/-x 12 -----------------Annual income : Rs.1,78,200/-Multiplier : x 11 -----------------: Rs.19,60,200/------------------

¶6The Tribunal had fixed a sum of Rs.1,00,000/- under the head 'loss of love and affection' and Rs.40,000/- under the head 'loss of consortium. This Court is inclined to consolidate the same and grant Rs.2,00,000/- [40,000 * 5] under the head 'loss of consortium'. The Tribunal had granted Rs.25,000/- under the head 'funeral expenses' and the same is reduced to Rs.15,000/-. This Page5 of 6 Court is also inclined to grant Rs.15,000/- towards loss of estate and Rs.10,000/- towards transport charges.

¶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.)

¶19,90,000/-19,60,200/-

¶2Loss of love and affection 1,00,000/--

¶3Loss of consortium 40,000/-2,00,000/-

¶4Funeral expenses 25,000/-15,000/-

¶5Loss of estate -15,000/-

¶6Transport charges -10,000/-Total 11,55,000/-22,00,200/-

¶8The compensation awarded by the Tribunal at Rs.11,55,000/- is enhanced to Rs.22,00,200/-. 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. On such deposit, the appellants/claimants are entitled to withdraw their respective share on due application. Insofar as the enhanced compensation of Rs.10,45,200/- is concerned, the appellants/claimants will not be entitled for interest for the period of delay of 1015 days as was ordered by Page6 of 6

N.ANAND VENKATESH, J. gm this Court in C.M.P.No.32392 of 2025 in C.M.A.Sr.No.164480 of 2025 dated

24.06.2026. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants/claimants. 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. 20-07-2026 Index: Yes/No Speaking/Non-speaking order gm To The Special District Judge, Motor Accident Claims Tribunal, Salem. Civil Miscellaneous Appeal No.2227 of 2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Miscellaneous Appeal No.2227 of 2026 1. Periyakkal W/o.Late Kandhasamy 2. Erusaye @ Sangeetha W/o.Sakthivel 3. Loganathan S/o.Late Kandhasamy 4. Manikandan S/o.Late Kandhasamy 5. Tamilarasan S/o.Late Kandhasamy ..Appellants Vs 1. Venugopal S/o.Palaniappan 2. National Insurance Company Limited, Tiruchencode Division, II Floor, 81-D, Chetty Street, Opp Bus Stand, Tiruchengode Taluk, Namakkal District. Having Branch Office at 1st Floor, LRN Building, Saradha College Road, Salem - 7. 3. Senthilnathan S/o.Nadarajan ..Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 01.09.2022 made in MCOP No.412 of 2021 on the file of the Special District Judge, Motor Accident Claims Tribunal, Salem. Page2 of 6 For Appellants : Mr.H.Manojin For Respondents : Mr.S.Senthilkumar [R2] Ex parte [R1 & R3] *****