M/s.The New India Assurance Company Ltd., vs M.Sengottuvelu

CMA No. 1583 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 1583 of 2022
CNR:{HCMA010508822022}
AND
CMP NO. 11742 OF 2022
M/s.The New India Assurance Company Ltd.,
by its Manager, Having office at TP/HUB
Divisional Office, Sethu Krishna Trade Centre,
Trichy Main Road, Gugai, Salem
..Appellant(s)
Vs
1. M.Sengottuvelu
S/o.Muthusamy, D.No.5, Bakthavatchalam,
Nagar Street, Kailasapalayam post,
Tiruchengode Taluk, Namakal District
2. Radhika
W/o.Sengottuvelu, D.No.5, Bakthavatchalam,
Nagar Street, Kailasapalayam post,
Tiruchengode Taluk, Namakal District
3. K.Ellammal
W/o.Krishnamoorthy, No.299, Vinayagar Koil
Street, Karikammpattu, Tindivanam, Tamil
Nadu
4. Amara Chandra Sekhar
S/o.Amara Subba Rao, 224, Padma Vijaya
Street, Golden George Nagar, Nerkundram,
Chennai
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the award dated 03-01-2022 in MCOP No. 63 of
2019 on the file of the Motor Accident Claims Tribunal, (Special District Judge)
at Salem
__________
Page 1 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
For Appellant(s): Mrs.R.Sree Vidhya
For Respondent(s): Mr.P.Sivakumar, for R1 & R2
JUDGMENT
Unsuccessful Insurance Company has preferred this appeal challenging
the quantum of compensation arrived by the Tribunal, vide award dated
03.01.2022 in MCOP.No.63 of 2019 on the file of the Motor Accidents Claims
Tribunal, (Special District Judge), at Salem. Claim Petition has been filed
under Section 166 of the Motor Vehicles Act, 1988 seeking compensation by
the defendants of the deceased Prasathkumar, who died in a road accident. The
claimants are the parents of the deceased.
2. According to the claimants, on 17.03.2018, the deceased Prasathkumar
was travelling in a car bearing Reg.No.TN 02 AK 2836 driven by its driver in a
proper manner and when the car was nearing Karpaga Vinayaga College in
Villupuram to Chennai main road, the car hit behind the lorry bearing
Reg.No.TN 32 T 3093, which was standing near the median in the middle of the
National Highways violating the traffic rules in a negligent manner, due to
which the said Prasathkumar died on the spot. One other passenger namely
Mehar @ Sugumar also died in the Government Hospital, Chengalpatu and the
other passengers sustained injuries. According to the claimants, the deceased
was aged about 22 years, joined in Dharmapuri Medical College and completed
__________
Page 2 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
th
4 years MBBS and earning Rs.45,000/- per month as a House Surgeon and he
is a motivational speaker and painter at the time of accident.
3. The respondents 1, 3 and 4 therein was called absent and set exparte
before the Tribunal.
nd
4. The 2 respondent therein / Insurance Company has filed a counter
statement denying the manner of accident.
st
5. Before the Tribunal, on the side of the claimants, the 1 claimant
examined himself as PW1 and Exs.P1 to P21 were marked. On the side of the
respondents, neither any witness was examined nor any document was marked.
Copy of the Charge Sheet, Motor Vehicle Inspection Report and Postmortem
Certificate was marked as Ex.C1.
6. The Tribunal upon appreciation of evidence adduced on either side,
finds that the car has hit behind the lorry which was parked in the road and that
the driver of the car also contributed his part of negligence to the accident and
st
held that the driver of the 1 respondent / owner of the lorry has contributed
rd
70% of negligence to the accident and the driver of the 3 respondent / owner of
the car has contributed 30% of negligence to the accident. In the absence of
proof of income, the Tribunal has fixed the notional monthly income of the
__________
Page 3 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
deceased at Rs.30,000/- per month and concludes that since the deceased was a
doctor, he would have earned more in future as a practicing doctor and
therefore, added 50% towards future prospects and considering the age of the
deceased at the time of accident, applied Multiplier “18” and deducted 50%
towards his personal and living expenses and arrived a sum of Rs.48,60,000/-
under the head Loss of Income. The Tribunal has also awarded a sum of
Rs.20,000/- to each of the claimants towards Loss of Love and Affection and a
sum of Rs.25,000/- towards Funeral Expenses. In total, the Tribunal awarded a
sum of Rs.49,25,000/- as tabulated hereunder:
Heads of Compensation Amount awarded by
the Tribunal (Rs.)
Loss of Income [30,000 + 50% =(45,000 x 12 x 18)
= 97,20,000 x ½
48,60,000
Loss of Love and Affection
(20,000 x 2)
40,000
Funeral Expenses 25,000
TOTAL 49,25,000
The Tribunal directed the respondents 1 and 2 therein / owner and Insurer of the
Lorry to pay 70% of the compensation to the claimants and the respondents 3
and 4 / Owner of the car and Insurer of the car to pay 30% of the compensation
to the claimants jointly and severally. Being aggrieved over the same, the
claimants have preferred the present Appeal seeking enhancement of
compensation.
__________
Page 4 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
6. The learned counsel appearing for the appellant / Insurance Company
would submit that the Tribunal failed to consider that the deceased was an
MBBS student and the notional monthly income fixed by the Tribunal @
Rs.45,000/- per month appears to be on the higher side and the same has to be
reduced.
7. Per contra , learned counsel appearing for the respondents / claimants
would submit that since the deceased happened to be a Doctor, the notional
monthly income arrived by the Tribunal for a sum of Rs.45,000/- including
future prospects appears to be just and proper and does not require any
interference. The learned counsel for the respondents / claimants has relied upon
the decision of the Hon’ble Supreme Court in Bishnupriya Panda v. Basanti
Manjari Mohanty and Others [2023 ACJ 2393], wherein the Hon’ble Apex
th
Court has fixed Rs.50,000/- per month as notional income for the 4 year
MBBS Student, who died in the accident occurred on 27.07.2013. Also relied
upon the decision of the Hon’ble Apex Court in Madhavi and another v.
Divisional Manager, United India Insurance Co. Ltd. and Other [2025 Law
Finder (SC) 3047], wherein the Hon’ble Apex Court fixed the notional income
rd
as Rs.75,000/- for a 3 year MBBS student, who died in the accident that took
place on 11.01.2019. The learned counsel also relied upon the decisions of the
Hon’ble Apex Court in Nagappa v. Gurudayal and Others [(2003) 2 SCC 274]
and Meena Devi v. Nunu Chand Mahto and Others [2023 (1) SCC 204] , to
__________
Page 5 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
show that there is no restriction that the Tribunal cannot award compensation
exceeding the amount so claimed and the Tribunal / Court ought to award “just”
compensation which is reasonable in the facts relying upon the evidence
produced on record.
8. This Court considered the submissions made on either side and perused
the entire materials available on record.
9. There is no dispute with regard to the manner of accident and 70%
negligence attributed on the driver of the first respondent Lorry and 30%
rd
negligence attributed on the 3 respondent driver i.e., driver of the car.
10. With regard to the quantum of compensation, according to the claimants, the
deceased Prasathkumar was earning not less than Rs.45,000/- per month as
house surgeon, however they have not produced any documentary proof to that
effect. The claimants have produced Ex.P16- Statement of Marks of the
st
deceased and a perusal of Ex.P16 reveals that the deceased completed his 1
year MBBS in the year 2014 and was doing house surgeon course at the time of
accident i.e., in the year 2018. In the absence of proof of income, the Tribunal
finds that since the deceased happens to be a medical student, would have
earned more than in future as a practicing doctor and therefore, added 50%
towards future prospects and arrived at a sum of Rs.45,000/- [Rs.30,000 + 50%]
__________
Page 6 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
as the monthly notional income of the deceased. Considering the fact that the
accident took place on 17.03.2018 and the deceased was aged about 23 years at
the time of accident and the same is evident from Ex.P13- Driving Licence
standing in the name of the deceased, the Tribunal rightly fixed a sum of
Rs.30,000/- per month as monthly notional income of the deceased and added
50% towards future prospects, applied Multiplier “18” and deducted 50%
towards personal and living expenses of the deceased and arrived at a sum of
Rs.48,60,000/- towards Loss of Income, which in the considered opinion of this
Court appears to be just and fair and does not require any interference. The
compensation awarded by the Tribunal under Loss of Love and Affection and
Funeral Expenses also appears to be reasonable and does not require any
interference and as such, the total compensation awarded by the Tribunal does
not warrants interference. The judgements relied upon by the respondents /
claimants are not supporting to the case of the claimants since the facts of the
present case differs from the facts of those cases.
11. In the result, this Civil Miscellaneous Appeal stands dismissed,
confirming the award dated 03.01.2022 in MCOP.No.63 of 2019 on the file of
the Motor Accidents Claims Tribunal, (Special District Judge), at Salem. The
appellant / Insurance Company, being the insurer of the Lorry and Car is
directed to deposit the compensation determined by the Tribunal together with
interests and costs, within a period of six weeks from the date of receipt of a
__________
Page 7 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
copy of this order. On such deposit, the claimants are entitled to withdraw the
same, less amount already withdrawn, on filing appropriate application before
the Tribunal. The manner, mode and disbursement of compensation, shall be as
per the order of the Tribunal. No costs. Consequently, connected miscellaneous
petition is also dismissed.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Jvm
To
1.The Motor Accident Claims Tribunal,
(Special District Judge) at Salem.
2.The Section Officer,
VR Section, High Court, Madras.
__________
Page 8 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )

CMA No. 1583 of 2022
M.JOTHIRAMAN J.
Jvm
CMA No. 1583 of 2022
AND CMP NO. 11742 OF 2022
03-11-2026
__________
Page 9 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:21:09 pm )