K.Periyasamy v. Pichaipillai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. K.Periyasamy S/o.Kandhasamy, No.2/16, Main Road, Alagiripalayam, Kunnam Tk, Perambalur 621 713.

2. M. Chitra W/o.Meganathan, No.2/14, East St, Alagiripalayam, Kunnam Tk, Perambalur 621 713.

Appellant(s) Vs

1. PICHAIPILLAI S/o.Solaimuthu, No.178, 2/28, Vadakku Theru, Periyaammapalayam, Kunnam Tk, Perambalur 621 708.

2.United India Insurance Co.Ltd Sillingi Building, New No.134, Old No.40-45, Greams Road, Chennai 6.

Respondent(s)

PRAYER To allow the above CMA and enhance the award amount in Judgment and Decree dated 19.02.2025 made in MCOP No.3794 of 2023 on the file of Motor Accident Claims Tribunal/Special Sub Judge - I, Court of Small Causes, Chennai by allowing this CMA.

For Appellant(s):

Mr.Amar D.Pandiya For Mr.M.Karuppaiah For Respondent(s):

Mr.K.Swaminathan For R2 JUDGEMENT This Appeal has been filed to enhance the award amount in Judgment and Decree dated 19.02.2025 made in MCOP No.3794 of 2023 on the file of Motor Accident Claims Tribunal/Special Sub Judge - I, Court of Small Causes, Chennai.

2. On 24.01.2023 at about 07.15 p.m., while the deceased Parvathy was a pedestrian near one Vijay House, Alagiripalayam, from East to West, Perambalur to Ariyalur Road, at the time a Motorcycle bearing registration No. TN 46 S 4860 came from South to North direction in a rash and negligent manner dashed against the deceased due to which the deceased sustained

multiple injuries and died on the same day. Thereafter, the claimants filed the appeal before the tribunal claiming compensation. The respondent insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded a sum of Rs.1,15,000/- as compensation. Challenging the quantum of compensation, the claimants preferred this appeal.

3. The learned counsel for the appellant submits that since the deceased was aged about 74 years, the tribunal has failed to fix the monthly income of the deceased under the head of loss of income and under the head of future prospects and also not adopted multiplier method. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the deceased was about 74 years old and there is no income proof was provided to prove the income of the deceased and there is no loss of income for the deceased. Hence, the tribunal has rightly fixed compensation which needs no interference.

5. Considering the facts and circumstances of the case and also the fact that the deceased was about 74 year at the time of the accident and there is possibility for earning at the age of 74 years. Further, the accident was happened in the year 2023. Hence, this Court is inclined to fix Rs.10,000/- as income of the deceased and this Court adopt 5 as multiplier. Accordingly, the claimants are entitled to 10,000x12x5-(1/3) Rs.4,00,000/-. Except above modification, award passed by the tribunal in other heads remains unchanged. S.No.

Heads Compensation awarded by the tribunal.

Compensation awarded by this Court 1.

Loss of income/dependence Nil Rs.4,00,000/- 2.

Loss of estate Rs.15,000/- Rs.15,000/- 3.

Loss of consortium Rs.80,000/- Rs.80,000/- 4.

Funeral expenses Rs.15,000/- Rs.15,000/- 5.

Transportation expenses Rs.5,000/- Rs.5,000/- Total Rs.1,15,000/- Rs.5,15,000/-

6. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 5,15,000/-. 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.3794 of 2023 on the file of Motor Accident Claims Tribunal/Special Sub Judge - I, Court of Small Causes, Chennai, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is 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.

08-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.PICHAIPILLAI S/o.Solaimuthu, No.178, 2/28, Vadakku Theru, Periyaammapalayam, Kunnam Tk, Perambalur 621 708.

2.United India Insurance Co.Ltd Sillingi Building, New No.134, Old No.40-45, Greams Road, Chennai 6.

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

4. The Motor Accident Claims Tribunal/Special Sub Judge - I, Court of Small Causes, Chennai

T.V.THAMILSELVI J.

pbl 08-07-2025