S.Priya v. Annai Metals
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. S.Priya
2. S.Sivasakthi
3. S.Sivaramakrishnan Appellants Vs
1. Annai Metals 2.The Manager, Reliance General Insurance Co.Ltd. No. 6, 4th Floor, Reliance House, Haddows Road, Nungambakkam, Chennai-06. Current Address Chennai City Centre, 5th Floor, No. (10 and 11) Dr.Radhakrishnan Road, Mylapore, Chennai-004. (1st Respondent has been set ex-parte by the Tribunal) Respondents PRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicle Act, praying to enhance the compensation awarded in the impugned Order dated 05.09.2024 made in MCOP No. 2958 of 2021 on the file of learned Motor Accident Claims Tribunal and II Judge, Court of Small Causes Court, Chennai. 1/7
For Appellants:
Mr.S.Ravikumar For Respondents:
Mr.P.Suresh Srinivasan For R2
JUDGMENT
Challenging the impugned award passed by the tribunal in MCOP.No.2958 of 2021, the appellants/petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation.
2. The appellants are wife, daughter and son of deceased V.Sanmugam. The case of appellants is that on 26.06.2021 at about 16.00 hrs., when the deceased was riding his two wheeler bearing Regn. No. TN-11 E-9610 from south to north opposite to Fomra Housing Building, Tambaram to Puzhal bypass road Chennai, at that time, a TATA ACE bearing Regn. No. TN-10-BF-2437, which is parking on the same direction in No parking area without any indication, due to which the deceased motorcycle hit behind the Tata Ace van, and caused an accident. Due to which, the deceased was thrown out and sustained head injury as well as multiple fatal injuries all over the body, for which he underwent treatment in the hospital, but he died inspite of treatment. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.40,00,000/-. 2/7
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 driver of the 1 st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.21,25,500/- under various heads as follows:
S.No Compensation awarded under the head Amount (in Rs.) 1.
Loss of dependency 19,76,000 2.
Loss of spouse consortium for 1 st petitioner 44,000 3.
Parental consortium for 2 nd and 3 rd petitioners 88,000 4.
Funeral expenses 16,500 5.
Loss of estate 1,000 Total compensation awarded (by adding Sl. Nos. 1 to 5) 21,25,500 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 accident was happened in the year 2021 and he was working as a mason, thereby he had 3/7
earned a sum of Rs.800/- per day, but the tribunal had not properly fixed the income of appellant. Hence, they prayed for enhancement of compensation.
6. The learned counsel for 2 nd respondent raised objections stating that the deceased was aged about 46 years and he was a mason by profession, but there is no proof produced on the side of appellants for the income derived by him as a mason around Rs.800/- per day. Hence, the Tribunal had rightly fixed the notional income as Rs.15,200/-, which needs no interference.
7. Heard rival submissions of both learned counsel for appellants and 2 nd respondent and perused the materials available on record.
8. On seeing the facts, it reveals that the accident was happened in the year 2021 and he was working as a mason, even per day his income is to be considered as a sum of Rs.600/- and he would have earned Rs.18,000/- per month. Therefore, considering his age as well as cost of living at that time, this Court is inclined to enhance the notional income of the deceased V.Sanmugam from Rs.15,200/- to Rs.18,000/-.
9. Furthermore, the Tribunal has granted only a sum of Rs.1,000/- under the head of 'Loss of estate', which is very meagre one. Therefore, this Court is inclined to enhance compensation awarded under the head of Loss of estate 4/7
from Rs.1,000/- to Rs.16,500/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court. 10.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 Rs.18,000/- (add 25% future prospects) = 18000 + 4500 =22500 22500 x 12 x 13 (multiplier) = 35,10,000 - 1/3 (11,70,000) = 23,40,000 19,76,000 23,40,000 enhanced 2.
Loss of spouse consortium for st appellant 44,000 44,000 confirmed 3.
Loss of parental consortium for 2 nd and 3 rd appellants 88,000 88,000 confirmed 4.
Funeral expenses 16,500 16,500 confirmed 5.
Loss of estate 1,000 16,500 enhanced Total 21,25,500 25,05,000 enhanced
11. Accordingly, the compensation awarded by the tribunal at Rs.21,25,500/- is enhanced to Rs.25,05,000/-. 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 5/7
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 of the enhanced compensation amount now determined by this Court, the appellants 1 to 3 are entitled to share the amount proportionately as ordered by the Tribunal and they are permitted to withdraw the enhanced award amount 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. 12.In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.
08-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To
1. Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.
2. Section Officer, VR Section, Madras High Court. 6/7
T.V.THAMILSELVI J.
rpp 08-08-2025 (1/2) 7/7