S.Suganthi, v. K.Ayyadurai,

JUDGMENT Not satisfied with the Award dated 27.08.2024 passed in M.C.O.P.No.3393 of 2021 on the file of the Motor Accident Claims Tribunal / Special Sub Court No.I, Small Causes Court, Chennai, the Claimants herein have preferred this Civil Miscellaneous Appeal for enhancement of compensation. Page1 of 8

¶2By consent, the matter is taken up for final hearing and the arguments advanced by either side were heard.

¶3Parties are indicated herein as per their litigative status and ranking before the Tribunal.

¶4Claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, by the father and mother of the deceased Cheran Sebastian, claiming compensation of Rs.40,00,000/- for the death of the said Cheran Sebastian, who died on account of the road traffic accident that took place on 16.03.2020.

¶5At trial, to substantiate the claim, on the side of the appellants/claimants, two witnesses were examined and fourteen documents were marked. The copy of the postmortem certificate of the deceased is Ex.P3. On the side of the second respondent, neither any witness was examined nor any document was filed or marked.

¶6The Tribunal, upon consideration of the oral and documentary evidence and after hearing the arguments advanced by either side, held that the second respondent is liable to pay compensation and granted a sum of Rs.18,28,600/- with interest at the rate of 7.5% per annum from the date of claim petition and the amounts granted under various heads are given hereunder:- Page2 of 8 "For loss of dependency - Rs.17,13,600/-; for loss of consortium - Rs.80,000/-; for loss of estate - Rs.15,000/-; for funeral expenses - Rs.15,000/-; for transportation charges - Rs.5,000/-. In toto, a sum of Rs.18,28,600/-."

¶7The learned counsel for the appellants/claimants urged the following grounds:-

(i) The Tribunal has fixed the notional monthly income of the deceased at Rs.12,000/-, which is on the lower side.

(ii) The next ground urged is that the amount awarded under the head - loss of consortium by the Tribunal is not adequate and therefore sought for enhancement of compensation.

¶8Per contra, the learned counsel for the second respondent/Insurance Company strenuously contended that the Tribunal, by taking into account the age, avocation, income of the deceased and the other attending circumstances, has granted compensation under various heads, which appears to be reasonable and acceptable, and according to him, it does not warrant any interference by this Court.

¶9The manner in which the accident took place is not in dispute. It has come on record through the evidence of PW1 that the deceased was working as a lorry driver and earning a sum of Rs.30,000/- per month at the time of accident. The road accident that occurred on 16.03.2020. Ex.P7 is the copy of Page3 of 8 the driving licence of the deceased. In order to substantiate the income details of the deceased, no concrete proof was filed and marked.

¶10As per the entries found in Ex.P7, copy of the driving licence of the deceased, the age of the deceased at the relevant point of time was 29 years. The accident occurred on 16.03.2020. Based on the aforesaid details, this Court deems it fit to assume the notional income of the deceased at Rs.18,000/- per month.

¶11As held by the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi reported in 2017 (2) TAN MAC 609 (SC), standard addition towards future prospects is required to be added for computing loss of dependency. As the age of the deceased is taken as below 40 years, 40% has to be added towards future prospects. Further, as held by the Apex Court in Sarla Verma v. Delhi Transport Corporation reported in 2009 (2) TAN MAC 1 (SC), 50% is to be deducted towards personal expenses, since the deceased died as a bachelor. The relevant multiplier to be adopted is '17'. Based on the aforesaid details, for computing loss of dependency, the following formula emerges:-Rs.18,000/-+ 40% -1/2 x 12 x 17 m = Rs.25,70,400/-

¶12Thus, the compensation towards loss of dependency is fixed at Rs.25,70,400/-. Page4 of 8

¶13As regards the amounts awarded under the other heads, the amounts awarded by the Tribunal appear to be reasonable and acceptable hence it does not warrant any interference by this Court. The amounts granted by this Court as mentioned supra after rework are tabulated hereunder:- Sl. No. Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced

¶1Towards loss of dependency Rs.17,36,000/- Rs.25,70,400/- Enhanced

¶2Towards loss of consortium Rs.80,000/- Rs.80,000/- Confirmed

¶3Towards loss of estate Rs.15,000/- Rs.15,000/- Confirmed

¶4Towards Funeral expenses Rs.15,000/- Rs.15,000/- Confirmed

¶5Towards Transportation Charges Rs.5,000/- Rs.5,000/- Confirmed Total Rs.18,28,600/- Rs.26,85,400/- Enhanced

¶14Thus, the compensation awarded by the Tribunal is enhanced from Rs.18,28,600/- to Rs.26,85,400/-, which shall carry interest at the rate of 7.5% per annum from the date of petition till the date of realisation.

¶15In the result,

(i) The Civil Miscellaneous Appeal stands partly allowed. No costs.

(ii) The compensation awarded by the Tribunal is enhanced from Rs.18,28,600/- to Rs.26,85,400/-. Page5 of 8

(iii) The Insurance Company / second respondent is directed to deposit the enhanced compensation amount now determined by this Court, i.e., Rs.26,85,400/- (less the amount already deposited, if any), together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs (excluding the period of default, if any), to the credit of M.C.O.P.No.3393 of 2021 on the file of the Motor Accident Claims Tribunal / Special Sub Court No.I, Small Causes Court, Chennai, within a period of six weeks from the date of receipt of a copy of this Judgment.

(iv) On such deposit being made, the appellants/claimants are permitted to withdraw the award amount with accrued interest, after adjusting the amount, if any, already withdrawn, by filing necessary applications before the Tribunal.

(v) The claimants are directed to pay the Court fee for the enhanced compensation amount, if required.

(vi) The Tribunal shall disburse the amount upon production of the certified copy showing proof of payment of Court fee by the claimants. 01-06-2026 Index: Yes/No Speaking/Non-speaking order cda Page6 of 8 To:

¶1The Motor Accident Claims Tribunal / I Special Sub Court No.I, Small Causes Court, Chennai.

¶2The Section Officer, V.R. Section, High Court, Madras. Page7 of 8

R.KALAIMATHI, J. cda 01-06-2026 Page8 of 8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01-06-2026 CORAM THE HON'BLE MRS. JUSTICE R. KALAIMATHI 1.S.Suganthi 2.L.Sekar ..Appellant(s) Vs. 1.K.Ayyadurai 2.The New India Assurance Company Limited, No.232, 6th Floor, N.S.C.Bose Road, Chennai – 600 001. ..Respondent(s) Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, 1988, seeking enhancement of compensation awarded in the Judgment and Decree dated 27.08.2024 passed in M.C.O.P.No.3393 of 2021 on the file of the Motor Accident Claims Tribunal, Chennai, (Special Sub Court No.I Small Causes Court, Chennai). For Appellant(s): Mr.K.Ayyadurai For Respondent(s): Mr.J.Chandran for R2