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Madras High CourtCMA/296/2023partly allowed

Chitra v. N.Vijayakumar

2024-06-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Chitra

2. Naveenkumar

3. Nandhakumar

4. Minor Praveen

5. Minor Harini (Minor rep.by their mother and next friend 1 st petitioner Chitra)

6. Kaveriammal Appellant(s) Vs

1. N.Vijayakumar 2.Cholamandalam MS General Insurance Co., Ltd 2nd Floor, Dare House, No.2, N.S.C.Bose Road, Chennai 600 001 Respondent(s) For Appellant(s):

Mr.K.V.Muthu Visakan For Respondent(s):

Mrs.R.Sreevidhya for R2 R1 - ex parte

JUDGMENT

Heard. Paragraphs 13 & 14 of the judgment dated 24.06.2024 shall read

as follows:- "13. In the light of the above discussion, the compensation fixed by the Tribunal is modified as follows:

Sl.No.

Compensation awarded under the head Amount awarded by this Court (in Rs.) 1.

Loss of Dependency 21,26,250/- 2.

Funeral Expenses 15,000/- 3.

Loss of amenities 15,000/- 4.

Parental and Filial Consortium 2,00,000/- 5.

Loss of consortium 40,000/- 6.

Transportation charges 10,000/- Total 24,06,250/- Less: 10% contributory negligence (24,06,250 x 10%) 2,40,625/- Final Total 21,65,625/-

14. In the result, the compensation fixed by the Tribunal is enhanced from nd Rs.13,91,250/-to Rs.21,65,625/- and the enhanced amount is payable by the 2 respondent/Insurance Company with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of realisation within a period of six weeks from the date of receipt of copy of this judgment. Insofar as the enhanced compensation of Rs.7,74,375/- is concerned, the appellants/claimants will not be entitled for interest for the delay period of 286 days as was ordered by this Court in CMP.No.22813 of 2022 dated 10.01.2023. 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." 14-08-2025 Registry is directed to issue fresh copy of the judgment to the parties forthwith.

ss

N.ANAND VENKATESH J.

ss 14-08-2025