Ganeshwari vs D.Muthulakshmi
- Court
- Madras High Court
C.M.A.No.3404 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2026
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
C.M.A.No.3404 of 2026
1.Ganeshwari
2.Minor.Muvitha
3.Minor.Muvirna
4.Minor.Sanju
(Minors 2 to 4 are represented by their mother,
natural guardian and next friend Ganeshwari, the
first appellant herein) ... Appellants
Vs.
1. D.Muthulakshmi
2.The United India Insurance Company Limited,
Branch Office at
No.148-A/Trunk Road, S.A.Stores upstairs,
Poonamallee, Chennai – 600 056. ...Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated
18.06.2024 made in MCOP No.92 of 2022 on the file of the Motor Accident
Claims Tribunal, Chief Judge, III Additional District and Sessions Court,
Tiruvallur at Poonamallee.
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C.M.A.No.3404 of 2026
For Appellants : Mr.K.Varadhakamaraj
For R2 : Ms.R.Sreevidhya
J U D G M E N T
The unsuccessful claimants have preferred this Civil Miscellaneous
Appeal seeking enhancement of compensation.
2. The claim petition has been filed under Sections 166 and 142 of the
Motor Vehicles Act and Rule 3 of MACT Rules, for the death of one
K.Muthumari, who died in a road accident that took place on 28.02.2022.
The first claimant is the wife ; claimants 2 & 3 are daughters and claimant 4
is the son of the deceased K.Muthumari.
3. According to the claimants, on 28.02.2022 at about 06..45 pm,
when the deceased was riding the motorcycle bearing Registration No YN
37 AB 8457 on Abiramam – Veerasozhan main road, near Thiruvettai
Iyyanar Koil main road, a lorry bearing Registration No TN 58 B 4059
belonging to the first respondent, which was proceeding in the opposite
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C.M.A.No.3404 of 2026
direction, in a rash and negligent manner dashed against the motorcycle. Due
to the said impact, the deceased sustained grievous head injury and died on
the spot.
4. The first respondent was called absent and was set ex parte before
the Tribunal.
5. The second respondent / Insurance Company has filed counter
statement wherein they denied the manner of accident. It is also stated that
the driver of the lorry was proceeding slowly and cautiously at slow speed,
observing traffic rules and regulations from Veerasozhapuram to Abiramam,
and at that time, the deceased due to anxiety to see his wife standing near
Tharaikudi bend, suddenly went across the road and hit the lorry. Thus, the
rider of the motorcycle caused the accident.
6. Before the Tribunal, on behalf of the claimants, the first claimant
was examined herself as PW1 and Ex.P1 to Ex.P10 were marked. On behalf
of the second respondent, no witness was examined and no documents were
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C.M.A.No.3404 of 2026
marked.
7. Upon appreciation of evidence adduced on either side, the Tribunal
came to a conclusion that the accident had occurred only to 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 a sum of Rs.12,000/- as notional income
of the deceased, added 40% towards future prospects of the deceased,
th
deducted 1/4 income of the deceased towards personal and living expenses
of the deceased, applied multiplier '17' and awarded a sum of Rs.25,70,400/-
as compensation under the head Loss of dependency. The Tribunal also
awarded compensation under various heads hereunder :
S.No Heads Amount awarded by the
Tribunal
1. Loss of dependency 25,70,400/-
2. Loss of estate 18,000/-
3. Funeral expenses 18,000/-
4. Loss of consortium 1,92,000/-
5. Transportation expenses 10,000/-
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C.M.A.No.3404 of 2026
S.No Heads Amount awarded by the
Tribunal
Total 28,08,400/-
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 Tribunal went wrong in fixing the income of the deceased as
Rs.12,000/- per month as against the claim of Rs.1,000/- per day. In order to
establish the income of the deceased, the claimants have filed Ex.P7/pay
certificate of the deceased. However, the Tribunal failed to consider the
same and fixed a sum of Rs.12,000/- per month, which is unsustainable in
law.
11. Per contra learned counsel for the second respondent / Insurance
Company would submit that even though the claimants have relied upon
Ex.P7/pay certificate which stands in the name of the deceased. In the
absence of supportive evidence, either oral or through the employer of the
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deceased, or documentary, like attendance register, bank statement, the
Tribunal has rightly fixed a sum of Rs.12,000/- as notional monthly income
of the deceased. The amount awarded by the Tribunal under other heads
appears to be reasonable and does not requires any interference.
12. Heard learned counsel for the appellants as well as learned counsel
for the second respondent and perused the materials available on record.
13. There is no dispute with regard to the manner of the accident and
negligence fixed on the part of the driver of the offending vehicle. The
grievance of the claimants is that fixation of notional monthly income of the
deceased has to be enhanced. A perusal of Ex.P7/pay certificate stands in the
name of the deceased shows that the deceased was working in Murugan Tex,
Avinasi, Tiruppur from the year 2016 to 2021 and was earning a sum of
Rs.23,500/- per month. It is relevant to note that the claimants have not
chosen to examine the employer of the deceased and the claimants also not
placed any documentary proof such as attendance register, bank statement
and other supportive documents. Considering the fact that the accident took
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C.M.A.No.3404 of 2026
place on 28.02.2022 and at the time of accident, the deceased was aged 30
years, this Court is of the considered view that fixation of Rs.12,000/- per
month as notional income of the deceased is not proper and this Court is
inclined to fix a sum of Rs.19,000/- as notional monthly income of the
deceased, which would meet the ends of justice. By applying the ratio laid
down by the Hon'ble Supreme Court in National Insurance Company Ltd
vs Pranay Sethi and Others reported in 2017(2) TNMAC 758, considering
the age of the deceased, this Court is inclined to add 40% towards future
prospects of the deceased. The Tribunal considering the number of
th
dependents on the income of the deceased, deducted 1/4 towards personal
and living expenses of the deceased and applied proper multiplier '17', which
is proper and reasonable. The amount awarded by the Tribunal under the
head loss of dependency would be modified as hereunder :
Calculation :
Notional income : Rs.19,000/-
Future prospects : 40%
(Rs.19,000/- + 40% = 26,600/-)
Multiplier : 17
Rs.26,600/- x 12 x 17 x 3/4 = Rs.40,69,800/-
13.1. In addition to that, the claimants are entitled to Rs.1,76,000/-
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(44,000 x 4), Rs.16,500/- and Rs.16,500/- for 'Loss of Consortium', 'Loss of
Estate' and 'Funeral Expenses' respectively as per the decision in National
Insurance Co. vs Pranay sethi and others (cited supra).
14. The following tabular column would show the enhanced amount
awarded by this Court under various heads.
S.No Heads Amount awarded by this
Court
1. Loss of dependency 40,69,800/-
2. Loss of estate 16,500/-
3. Funeral expenses 16,500/-
4. Loss of consortium 1,76,000/-
5. Transportation expenses 10,000/-
Total 42,88,800/-
15. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.42,88,800/-. This amount shall carry interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit.
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16. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.42,88,800/-.
iii. The appellants / claimants are directed to pay the court fee for the
enhanced compensation amount, if any, and the Registry is directed to
draft the decree only after the receipt of Court fee.
iv. The second respondent, the United India Insurance Company Limited,
Chennai, is directed to deposit the enhanced compensation amount of
Rs.42,88,800/- (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.92 of 2022 on the file
of the Motor Accident Claims Tribunal, Chief Judge, III Additional
District and Sessions Court, Tiruvallur at Poonamallee, within a
period of six weeks from the date of receipt of a copy of this
order/uploading of this order. As per order of this Court in CMP
No.11003 of 2026 dated 22.09.2026 the claimants are not entitled for
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any interest on the enhanced compensation for the delay period, if
any.
v. On such deposit being made, the claimants are 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.
vi. The manner and mode of disbursement of compensation shall be as
per the order of the Tribunal.
26.10.2026
NCC : Yes / No
Index : Yes / No
Speaking Order : Yes / No
mtl
To
1. The Motor Accident Claims Tribunal
Chief Judge, Small Causes Court, Chennai.
2.The VR Section, High Court, Madras.
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C.M.A.No.3404 of 2026
M.JOTHIRAMAN , J.
mtl
C.M.A.No.3404 of 2026
26.10.2026
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