SANTHI vs G. THIYAGARAJAN
- Court
- Madras High Court
CMA No. 754 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 754 of 2024
CNR: {HCMA010510752024}
1. Santhi
W/o. Venkatachalam
2. Venkatachalam
S/o. Perumal
..Appellant(s)
Vs
1. G. Thiyagarajan
S/o. R. Gunasekaran
2. M/s. United India Insurance Co. Ltd
Issuing Office at No.146, Kumar Complex,
Anna Salai, Tiruchengode, Namakkal Dt,
Having Office at No.1, TP Hub, No.104-A,
Ranga Building, Peramanur Main Road, Near
Four Roads, Peramanur, Salem.
..Respondent(s)
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the order in MCOP No.132 of 2022 dated
01.12.2023 on the file of the Motor Accident Claims Tribunal, Special District
Judge, MCOP Tribunal, Salem.
For Appellant(s): Mr.R.Navaneetha Krishnan
For Respondent(s): Mr.C.Paranthaman for R2
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CMA No. 754 of 2024
JUDGMENT
Unsuccessful claimants have preferred this Civil Miscellaneous Appeal
seeking enhancement of compensation.
2. The claim petition has been filed under Section 166 of the Motor
Vehicles Act, for the death of one Sathish, who died in a road accident that took
place on 21.11.2021. The claimants are the parents of the deceased Sathish.
3. According to the claimants, on 21.11.2021 at about 20.30 hours, the
deceased was riding a two wheeler bearing Registration No TN 30 AF 9111 on
Danishpet – Deevattipatti main road at Kadayampatti near Bharat petrol bunk,
at that time, a borewell lorry bearing Registration No KA 10 7515 was driven
by its driver in a rash and negligent manner and hit against the two wheeler.
Due to which, the deceased sustained grievous injuries all over his body and he
died on the spot. According to the claimants, the deceased was aged about 20
years and was earning not less than Rs.25,000/- per month in building tiles work
at the time of accident.
4. The first respondent remained absent and was set ex parte before the
Tribunal.
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5. The second respondent/Insurance Company has filed counter statement
wherein the second respondent denied the manner of accident.
6. Before the Tribunal, on behalf of the claimant, the second claimant was
examined himself as PW1 and Ex.P1 to Ex.P16 were marked. On behalf of the
second respondent, no witness was examined and Ex.R1 was marked.
7. Upon appreciation of evidence adduced on either side, the Tribunal
came to a conclusion that the accident had occurred only due to rash and
negligent act of the driver of the offending vehicle.
8. With regard to quantum of compensation, in the absence of proof of
monthly income, the Tribunal fixed Rs.10,000/- as notional monthly income of
the deceased, included 40% towards future prospects, deducted 1/2 income of
the deceased towards personal and living expenses of the deceased, applied
multiplier '18' and awarded a sum of Rs.10,80,000/- as compensation under the
head Loss of income. The Tribunal also awarded compensation under various
heads hereunder :
S.No Heads Amount awarded by the
Tribunal
1. Loss of income 10,80,000/-
2. Loss of love and affection 40,000/-
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CMA No. 754 of 2024
S.No Heads Amount awarded by the
Tribunal
(Rs.20,000/- x 2)
3. Funeral expenses 25,000/-
Total Rs.11,45,000/-
9. Aggrieved over the same, the claimants have preferred this present
appeal seeking for enhancement of compensation.
10. The learned counsel for the appellants / claimants would submit that
the accident took place in the year 2021, at the time of accident the deceased
was aged about 20 years and he was doing building tiles work and earning not
less than Rs.25,000/- per month. However, the Tribunal fixed the notional
monthly income of the deceased only as Rs.10,000/- including future prospects,
which, according to him, is very meagre. He therefore, prayed for enhancement
of compensation.
11. Per contra, learned counsel for the second respondent / Insurance
Company would submit that the deceased was doing building tiles work and
earning not less than Rs.25,000/- per month. In the absence of proof of monthly
income, the Tribunal has rightly fixed a sum of Rs.10,000/- as notional monthly
income of the deceased. Further would submit that the Tribunal has erroneously
awarded a sum of Rs.25,000/- under the head funeral expenses, which is not
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proper and reasonable.
12. Heard learned counsel for the appellant, learned counsel for the
second respondent and perusal the materials available on record.
13. There is no dispute with regard to the manner of accident and
negligence fixed on the part of the driver of the offending vehicle. The only
grievance of the claimant is that the fixation of notional income of the deceased
by the Tribunal is not proper. According to the claimants, the deceased was
doing building tiles work and earning not less than Rs.25,000/- per month. In
the absence of satisfactory income proof, the Tribunal fixed the notional
monthly income of the deceased as Rs.10,000/- including future prospects.
Considering the age of the victim and the year of the accident, this Court is of
the opinion that fixing notional monthly income of the deceased at Rs.17,000/-
would meet the ends of justice. As per the decision of the Supreme Court of
India in National Insurance Co. vs Pranay sethi and others reported in 2017
(2) TNMAC 601 , 40% is added towards future prospects of the deceased. Since
the deceased died as a bachelor, 50% of the deceased's income should be
deducted towards his personal and living expenses. The proper multiplier to be
adopted in the instant case is 18 as per the decision of the Hon’ble Apex Court
rendered in Sarla Verma and others vs. Delhi Transport Corporation and
another reported in (2009) 6 SCC 121.
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CMA No. 754 of 2024
Calculation
Notional Income = Rs.17,000/-
40% Future Prospects = Rs.23,800/-
After 1/2 deduction = Rs.11,900/-
Loss of dependency
= Rs.11,900/- x 12 x 18
= Rs.25,70,400/-
13.1. The Tribunal has awarded a sum of Rs.40,000/- under the head loss
of love and affection, which is not proper and the same is enhanced to
Rs.80,000/- (Rs.40,000/- each x 2) under the head loss of love and affection.
The Tribunal has awarded a sum of Rs.25,000/- under the head funeral expenses
which is not proper and the claimants are entitled to a sum of Rs.15,000/- under
the head funeral expenses. The Tribunal has not awarded compensation under
the head loss of estate and this Court is inclined to grant a sum of Rs.15,000/-
under the head loss of estate.
14. The following tabular column would show the enhanced amount
awarded by this Court under various heads.
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CMA No. 754 of 2024
S.No Heads Amount awarded by this
Court
1. Loss of dependency 25,70,400/-
2. Loss of love and affection 80,000/-
3. Funeral expenses 15,000/-
4. Loss of estate 15,000/-
Total Rs.26,80,400/-
15. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.26,80,400/-. This amount shall carry interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit.
16. In the result,
i. The appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.26,80,400/-.
iii. The second respondent, United India Insurance Company Limited,
Salem, is directed to deposit the enhanced amount of Rs.26,80,400/-
(less the amount already deposited) together with interest at the rate
of 7.5% per annum from the date of claim petition till the date of
deposit to the credit of MCOP No.132 of 2022 on the file of the
Motor Accident Claims Tribunal, Special District Judge, MCOP
Tribunal, Salem. within a period of six weeks from the date of
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CMA No. 754 of 2024
receipt of a copy of this order/uploading of this order.
iv. On such deposit being made, the claimant is at liberty to withdraw
the same on filing appropriate application before the Tribunal. The
ratio of apportionment made by the Tribunal shall be kept intact.
v. The manner and mode of disbursement of compensation shall be as
per the order of the Tribunal.
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MTL
To
1. The Motor Accident Claims Tribunal,
Special District Judge, MCOP Tribunal, Salem.
2. The Section Officer, VR Section, High Court, Madras.
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CMA No. 754 of 2024
M.JOTHIRAMAN, J.
MTL
CMA No. 754 of 2024
29-10-2026
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