Manimegala v. S.R.Kannan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Manimegala Appellant Vs
1. S.R.Kannan 2.M/s.National Insurance Co. Ltd.
No.66, Greems Road, Chennai-600006 3.P.Yuvaneswaran S/o.Pachaiyappan, Suo Motu impleaded on 27.08.2024 Respondents PRAYER:-Civil Miscellaneous Appeal is filed under Sec.173 of Motor Vehicle Act, praying to set aside the Award dated 27.08.2024 made in MCOP.No. 2470 of 2020 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai so far as granting the lower amount of Rs.11,74,000/- and enhance the award amount 1/7
For Appellant(s):
Mr.K. Ayyadurai For Respondent(s):
Mr.R.Premchandar For R2
JUDGMENT
Challenging the impugned award by the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai in MCOP.No.2470 of 2020, the appellant/petitioner had preferred this Civil Miscellaneous Appeal.
2. The appellant is mother of deceased Palani. The case of the appellant is that on 21.06.2020 at about 13.30 hours, when the appellant's son was travelling as a pillion rider in a two wheeler bearing Regn. No. TN-70 BY-820 at Medavakkam Main Road towards Echangadu signal in front of Kovilambakkam barath petrol bunk, at that time, the rider of two wheeler drove it in a rash and negligent manner hit the center median of the road and caused an accident. Due to which, the deceased Palani sustained fatal injuries and died on the spot. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.30,00,000/-. 3.The 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 rider of the 3 rd respondent. Having come to such a conclusion, the 2/7
Tribunal fixed the total compensation payable at Rs.11,74,000/- under various heads as follows:
S.No Compensation awarded under the head Amount (in Rs.) 1.
Loss of income/dependency 22,68,000 2.
Loss of estate 15,000 3.
Loss of consortium 40,000 4.
Funeral expenses 15,000 5.
Transportation charges including damages to personal belongings 10,000 Total compensation awarded (by adding Sl. Nos. 1 to 5) 23,48,000 Less :- 50% towards contributory negligence 11,74,000 Net Compensation 11,74,000 4.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.
5. The learned counsel for appellants would argue that the deceased was only a pillion rider, but without considering the same, the tribunal had erroneously fixed 50% of contributory negligence upon him. Hence, he prayed to set aside the findings rendered with respect to contributory negligence. 3/7
6. The learned counsel for 2 nd respondent raised objections stating that the deceased was under the influence of alcohol and not wore helmet and also the rider of two wheeler not possessed valid license. Hence, the Tribunal had rightly fixed the contributory negligence upon him, which needs no interference.
7. Heard rival submissions of both learned counsel for appellant as well as 2 nd respondents and perused the materials available on record.
8. On seeing the facts, it reveals that the deceased Palani was a pillion rider, however he has not wore helmet and he was also under the influence of alcohol. Therefore, considering the fact that the deceased was a pillion rider, this Court is inclined to modify the contributory negligence fixed upon him. Accordingly, it is reduced as 20% of contributory negligence upon the deceased. Furthermore, on perusal of records, it is seen that the accident was happened in the year 2020 and he was doing mobile service, from which he would have earned more than a sum of Rs.16,000/- per month. Therefore, this Court is inclined to enhance the notional monthly income of the deceased Palani from Rs.15000/- to Rs.16000/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court. 4/7
9.In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:
S.No Compensation awarded under the head Amount awarded by the tribunal (in Rs.) Amount (in Rs.) Award confirmed or granted or enhanced 1.
For loss of income/dependency Rs.16,000/- (add 40% future prospects) = 16000 + 6400 =22400 22400 x 12 x 18 (multiplier) = 48,38,400 - 1/2 = 24,19,200 22,68,000 24,19,200 enhanced 2.
Loss of estate 15,000 15,000 confirmed 3.
Loss of consortium 40,000 40,000 confirmed 4.
Funeral expenses 15,000 15,000 confirmed 5.
Transportation charges including damages to personal belongings 10,000 10,000 confirmed Total 23,48,000 24,99,200 enhanced Less :- 20% contributory negligence 11,74,000 4,99,840 Net compensation 11,74,000 19,99,360 enhanced
10. Accordingly, the compensation awarded by the tribunal at Rs.11,74,000/- is enhanced to Rs.19,99,360/-. 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 eight weeks from the date of receipt of copy of this judgment. On such deposit, the appellant is permitted to 5/7
withdraw the enhanced award amount now determined by this court along with interest and costs, less the amount if any, already withdrawn. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. It goes without saying that the enhanced compensation that is paid by the Insurance Company can be recovered from the 3 rd respondent as was ordered by the Tribunal. 11.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.
18-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To
1. Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.
2. Section Officer, VR Section, Madras High Court. 6/7
T.V.THAMILSELVI J.
rpp 18-07-2025 7/7