S.Shyamala v. K.Anandakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. S.Shyamala W/o.Sundaram, D.No.4/58, Arunachalathaar Thottam, Chinnakkapalayam, Thoppapatty, Rasipuram Tk, Namakkal 637 406, Namakkal Dist.
2.N.Sundaram S/o.Natesan, D.No.4/58, Arunachalathaar Thottam, Chinnakkapalayam, Thoppapatty, Rasipuram Tk, Namakkal 637 406, Namakkal Dist.
Appellant(s) Vs
1. K.Anandakumar S/o.Kirinshnasamy, D.No. 7/284, A.Ramalingapuram, Atchanthavilthan, Srivillipurdur 626 125, Virudunagar 2.The Manager
The New India Assurance Co.Ltd, Rajapalayam Branch, D.No. 1419, Thenkasi Road, Rajapalayam, Virudhuinagar 636 117, Virudunagar Respondent(s) PRAYER To enhance the compensation in the Judgement and Decree Dated 01.09.2022 made in MCOP.No. 17 of 2021 on the file of MACT/Sub Court Rasipuram with Interest 9 percent and cost by allowing this appeal For Appellant(s):
M.Lokesh For Respondent(s):
R2 - No Appearance R1 - Exparte JUDGEMENT This Civil Miscellaneous Appeal has been filed to nhance the compensation in the Judgement and Decree Dated 01.09.2022 made in MCOP.No. 17 of 2021 on the file of MACT/Sub Court Rasipuram with Interest 9 percent.
2. The brief facts of the case:
On 19.01.2021 at about 08.00 AM for his official purpose to go to Perambalur he was riding his Royal Enfield Thunder Bird two wheeler motor
cycle bearing Reg. TN28-BX-7007 on the Trichy to Chennai National Highway NH-45 towards Trichy route, came at near Saram Village. At that time, one Lorry bearing Reg.No.TN28-P-5004 was going before to the deceased's vehicle and the driver of the Lorry drove it in a rash and negligent manner without any signal, to park in the parking area, suddenly turned to go to left side, due to the action of the driver of the 1st respondent's lorry vehicle, the deceased hit behind the lorry and caused this accident. Due to the accident, the deceased had multiple severe injuries. Immediately after the accident, he was taken by 108 ambulance service and admitted at G.H. Tindivanam for first aid and for further treatment he was shifted to Ramachandra Hospital, Porur. But in the course of his treatment, he died on 26.01.2021.
Thereafter, filed the petition before the tribunal claiming compensation. The respondents contested the case by filing counter. After considering the oral and documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation the claimants preferred this appeal. There is no representation on the side of the respondents.
3. Heard the submission of the appellant/claimants.
4. The prime ground raised by the claimants is that deceased doing designing work in an different architecture company but the tribunal fixed only Rs.20,000/- as notional income of the deceased, hence seeks for enhancement of compensation and interest. On perusal of the records, by relying the judgement of this Court in the case of Managing Director, Tamil Nadu State Corporation Ltd Vs. Neela reported in 2019(2)TNMAC 153-(DB) the tribunal fixed Rs.20,000/- as notional income with 40% future prospects. This Court is of the view that tribunal has rightly fixed the notional income of the deceased and interest which needs no interference. Accordingly, this appeal is dismissed as no merits. No Costs. Pending petition(s), if any, is/are closed. 20-06-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.K.Anandakumar S/o.Kirinshnasamy, D.No. 7/284, A.Ramalingapuram, Atchanthavilthan, Srivillipurdur 626 125, Virudunagar 2.The Manager The New India Assurance Co.Ltd, Rajapalayam Branch, D.No. 1419, Thenkasi Road, Rajapalayam, Virudhuinagar 636 117, Virudunagar
3. The Section Officer, V.R Section, High Court, Madras.
4. The MACT/Sub Court Rasipuram.
T.V.THAMILSELVI J.
pbl 20-06-2025