Selvaraj v. Velayutham.M

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SELVARAJ S/o.Subbrayan, No.54, Anna Street, Poompozhil Nagar, Avadi, Chennai-62.

and 2 Others

2. Shanmugapriya, W/o.Venkatesan, No.54, Anna Street, Poompozhil Nagar, Avadi, Chennai-62

3. Thiyagaraj, S/o.Selvaraj, No.54, Anna Street, Poompozhil Nagar, Avadi, Chennai-62 Appellant(s) Vs

1. Velayutham.M No.46, Umperson Street, Broadway600 103.

2.The Manager, United India Insurance Company Limited., No.134, Sillingi Building, Greams Road, Chennai-6.

Respondent(s) PRAYER To enhance the award passed in MCOP.No.181 of 2018, dated 29.01.2024, on the file of Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.

For Appellant(s):

R.Navaneetha Krishnan P.C.Ramprasad For Respondent(s):

M/s. R. Vijaya Kamala For R2 Vide C/o Dt 30/04/2025 (in Sr Stage) R1 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the award passed in MCOP.No.181 of 2018, dated 29.01.2024, on the file of Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai( in short ''tribunal'').

2. On 05.07.2017 at about 10.00 hours when the deceased was going as a pillion rider in Motor Cycle bearing registration number Tamil Nadu-12-L-1683 at CTH Road, Avadi Bus Depo, from East to West direction at that time a lorry bearing registration No. Tamil Nadu 01-P-9481 proceeding in the same road and

from same direction was driven in a rash and negligent manner at high speed hit the deceased, due to which, the deceased was sustained grevious injuries and thereafter died in the hospital on 05.07.2017. Hence, the claimant filed the petition before the tribunal claiming Rs.40,00,000/- as compensation. The second respondent/Insurance company contested the case. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs.12,20,000/- as compensation. Challenging the quantum of compensation, the claimant filed the appeal.

3. The learned counsel for the appellant/claimant submits that the deceased was working as a coolie earned Rs.500 per day. But the tribunal erroneously fixed Rs.8,000/- as notional income of the deceased and also awarded very meagre amount in other heads. Hence, he prays to enhance the compensation.

4. The learned counsel for the contesting respondent raised strong objection to enhance the compensation.

5. Considering the fact that the accident was happened in the year 2017 hence this Court is inclined to enhance the notional income of the deceased

from Rs.8,000/- to 15,000/-. Accordingly, the claimant is entitled to Rs.19,50,000/-(18750x12x13x2/3) under the head of dependency. Except above enhancement, awarded passed by the tribunal in other heads needs no interference. Further, the first respondent has violated the policy condition therefore the tribunal has rightly ordered the second respondent to pay the compensation and given liberty to recover the same from the first respondent. Therefore, the pay and recovery ordered by the tribunal is confirmed. S.No .

Heads Compensation awarded by the tribunal Compensation awarded by this Court 1.

Loss of dependency Rs.10,40,000/- Rs.19,50,000/- 2.

Loss of consortium Rs.1,44,000/- Rs.1,44,000/- 3.

Loss of Estate Rs.18,000/- Rs.18,000/- 4.

Funeral expenses Rs.18,000/- Rs.18,000/- Total Rs.12,20,000/- Rs.21,30,000/-

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 21,30,000/-. The 2 nd respondent is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP.No.181 of 2018, on the file of Motor Accident Claims Tribunal, II

Judge, Court of Small Causes, Chennai., within a period eight weeks from the date of receipt of a copy of this judgement and recover the same from the first respondent. On such deposit, the claimants are permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal. In so far as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant(s).

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

03-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Velayutham.M No.46, Umperson Street, Broadway600 103.

2.The Manager, United India Insurance Company Limited., No.134, Sillingi Building, Greams Road, Chennai-6.

3. The Section Officer, V.R Section, High Court, Madras.

4. The Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.

T.V.THAMILSELVI J.

pbl 03-07-2025