M.DEEPA vs MAHESHWARI.D
- Court
- Madras High Court
CMA No. 3313 of 2024 & 2364 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA Nos.3313 of 2024 and 2364 of 2025
CNR:{HCMA011971892024}
and
CMP No.20146 of 2025
1. M.Deepa
2. Minor M.Sumithra
3. Minor M.Madhan
4. Minor M.Madumitha
st
(Minors 2 to 4 are represented by 1 appellant/mother)
5. Gnanasundari
..Appellant(s)
Vs
1. Maheshwari.D
2. The Manager
HDFC Ergo General Ins. Co. Ltd,
RR Towers, II Floor,
94/95, TVK Industrial Estate, Guindy,
Chennai 600 032.
..Respondent(s)
CMA No. 2364 of 2025
CNR:{HCMA012169692024}
The Manager
M/s. HDFC-ERGO General Insurance Co Ltd.
RR Towers, II Floor,
94/95, TVK Industrial Estate, Guindy,
Chennai – 600 032.
..Appellant(s)
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Vs
1. M.Deepa
2. Minor M.Sumithra
3. Minor M.Madhan
4. Minor M.Madumitha
st
(Minors 2 to 4 are represented by 1
respondent/mother)
5. Gnanasundari
6. D.Maheswari
..Respondent(s)
CMA No. 3313 of 2024
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, praying to allow the appeal and enhance the compensation
in M.C.O.P. No. 340 of 2020 dated 04.06.2024 (on the file of the Motor
Accidents Claims Tribunal / Special District Court I, Cuddalore).
CMA No. 2364 of 2025
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, praying to against the award and decree dated 04-06-2024
made in M.C.O.P. No. 340 of 2020 on the file of the Motor Accidents Claims
Tribunal, Special District Court No.1, Cuddalore.
CMA No. 3313 of 2024
For Appellants : Mrs. Ramya V.Rao
For Respondent-1: Left - Not ready in notice
For Respondent-2: Mr. S. Arunkumar
CMA No. 2364 of 2025
For Appellant(s): Mr. S. Arunkumar
For Respondents-1 to 5: Mrs. Ramya V.Rao
For Respondent-6: Left - Not ready in notice
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CMA No. 3313 of 2024 & 2364 of 2025
COMMON JUDGMENT
Unsuccessful claimants have preferred C.M.A.No.3313 of 2024 seeking
enhancement of compensation. Similarly, unsuccessful Insurance Company has
preferred C.M.A.No.2364 of 2025, challenging the quantum of compensation
arrived at by the Tribunal.
2. The claim petition in M.C.O.P.No.340 of 2020 has been filed under
Section 166 of the Motor Vehicles Act by the dependants of the deceased,
Manikandan, seeking compensation for his death. The first claimant is the wife
of the deceased, the second to fourth claimants are his minor children and the
fifth claimant is the mother of the deceased. According to the claimants, on
25.01.2020 at about 19.45 hours, the deceased was travelling as a pillion rider in
a motor cycle bearing Registration No.TN-91-W-7287 from North to South.
When they were nearing opposite to Sri Shiva Welding Work Shop in
Cuddalore O.T., a Bolero Car bearing Registration No.TN-22-BV-1112,
belonging to the first respondent was proceeding in front of them at high speed
in a rash and negligent manner and suddenly turned West without making horn
or showing any indicator signals. Though the rider tried to stop the motorcycle,
it dragged on and dashed against the Bolero car. The deceased sustained fatal
injuries in the accident and in spite of best treatment, he died at about 9.50 pm
on the same day. According to the claimants, the deceased was aged about 29
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CMA No. 3313 of 2024 & 2364 of 2025
years at the time of accident and worked as a heavy vehicle driver and earned
Rs.30,000/- per month before the accident. He was also holding a valid driving
licence with badge.
3. The first respondent was called absent and set ex-parte before the
Tribunal.
4. The second respondent-Insurance Company has filed a counter
statement, wherein they denied the manner of the accident and stated that the
deceased was travelling as a pillion rider in the motor cycle, driven by its driver
in a rash and negligent manner, who suddenly crossed and hit the first
respondent’s car. Hence, the rider of the motorcycle is solely responsible for the
accident and therefore, the second respondent-insurance company is not liable
to pay compensation to the claimants.
5. Before the Tribunal, on behalf of the claimants, the first claimant
herself was examined as PW1 and one eyewitness, Rajkumar was examined as
PW2 and Exs.P1 to P7 were marked. On the side of the second respondent, no
witness was examined and no document was marked.
6. Upon appreciation of evidence adduced on either side, the Tribunal
finds that the accident occurred due to the rash and negligent act of the driver of
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the offending vehicle. With regard to the quantum of compensation, in the
absence of proof of monthly income of the deceased, the Tribunal has fixed a
sum of Rs.18,000/- as notional monthly income of the deceased, added 40%
towards future prospects, applied the Multiplier “17” as the deceased was 29
th
years at the time of accident and deducted 1/4 towards personal and living
expenses of the deceased and arrived at a sum of Rs.38,55,600/- towards Loss
of Earnings. The Tribunal has also awarded compensation under various other
heads as under:
Amount awarded by the
S.
No.
Compensation awarded
Tribunal
under the head
(in Rs.)
1. Loss of Income 38,55,600/-
2. Loss of consortium 44,000/-
Loss of love and affection each 44,000/-
3 2,20,000/-
(5 x 44,000 = 2,20,000)
4. Funeral expenses 16,500/-
5. Transportation expenses 10,000/-
6 Loss of estate 16,500/-
Total (Rounded off to) 41,63,000/-
7. Aggrieved over the same, the claimants have preferred the appeal in
C.M.A.No.3313 of 2024 seeking enhancement of compensation. Similarly,
aggrieved over the quantum of compensation arrived at by the Tribunal, the
Insurance Company has preferred the appeal in C.M.A.No.2364 of 2025.
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8. The learned counsel appearing for the appellants/claimants would
submit that the Tribunal failed to consider the fact that the deceased left a young
widow, three minor children and an aged mother and had been earning a sum of
Rs.30,000/- per month. The accident occurred in the year 2020. The Tribunal
has fixed Rs.18,000/- as notional monthly income but considering the period of
accident, the same needs enhancement. The Tribunal failed to consider the
escalated cost of living, especially, the deceased was the only earning member
of the family. The deceased being a heavy vehicle driver, the earning capacity is
more than that of a regular driver.
9. Per contra , the learned counsel appearing for the appellant/Insurance
Company in C.M.A.No.2364 of 2025 would submit that the Tribunal erred in
fixing the notional monthly income at Rs.18,000/- per month. Just because a
person possessed a driving licence, it cannot be a sole reason to presume that he
was earning as a driver. Further, the Tribunal erred in awarding the interest on
the amount granted towards future prospects, in spite of the fact that the same is
not a loss as on the date of the accident.
10. This Court has considered the submissions made on either side and
perused the materials available on record carefully.
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11. There is no dispute with regard to the manner of accident and the
entire negligence fixed on the part of the driver of the offending vehicle.
12. The grievance of the claimants is that the fixation of notional monthly
income of the deceased at Rs.18,000/- has to be enhanced. Per contra, the
grievance of the Insurance Company is that the Tribunal has fixed a sum of
Rs.18,000/- per month as notional monthly income of the deceased without any
evidence and the same has to be reduced. There is no dispute with regard to the
age of the deceased at the time of the accident i.e., 29 years.
13. It is relevant to note that Ex.P6 - driving licence stands in the name of
the deceased. The deceased was holding the driving licence to drive the
transport vehicles. It is relevant to note that the accident took place on
25.01.2020 and considering the cost of living at that time and considering the
number of dependents to the deceased, the Tribunal has fixed a sum of
Rs.18,000/- as notional monthly income of the deceased, which appears to be
reasonable and proper. By applying the ration laid down by the Hon’ble
Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi , reported in
(2017) 16 SCC 680, the Tribunal has added 40% of the future prospects and by
applying the ration laid down by the Hon’ble Supreme Court in Sarala Verma
and others v. Delhi Transport Corporation and another , reported in (2009) 6
th
SCC 121, the Tribunal has deducted 1/4 towards personal and living expenses
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and applied multiplier “17” and accordingly awarded the compensation under
the head of loss of income, and the same does not require any interference.
14. The Tribunal has also awarded compensation under the head of loss
of consortium towards the first claimant, who is the wife of the deceased at
Rs.44,000/-, which appears to be reasonable and proper. It is relevant to note
that the Tribunal also awarded a sum of Rs.44,000/- under the head of loss of
love and affection to the claimants 1 to 5, for a sum of Rs.2,20,000/-, which is
not proper, since the Tribunal already awarded a sum of Rs.44,000/- under the
head of loss of consortium to the first claimant and again the first claimant is
not entitled for a sum of Rs.44,000/- under the head of loss of love and
affection. The remaining claimants 2 to 5 are entitled to Rs.44,000/- under the
head of loss of love and affection. Therefore, the compensation awarded by the
Tribunal under the head of loss of love and affection needs to be modified i.e.
Rs.44,000/- x 4 = Rs.1,76,000/-. The compensation awarded by the Tribunal
under the head of funeral expenses and loss of estate appears to be reasonable
and proper and does not require any interference. The interest awarded by the
Tribunal also appears to be proper and reasonable and does not require any
interference.
15. In the light of the above discussions, the award passed by the
Tribunal under the head of Loss of Love and Affection alone is modified and
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the compensation awarded under other heads stands confirmed. The
compensation awarded by this Court is tabulated hereunder:
Heads of Compensation Awarded by the
Awarded by
Tribunal
(Amount in Rs.)
this Court
(Amount in Rs.)
Loss of Income
38,55,600/- 38,55,600/-
Loss of consortium 44,000/- 44,000/-
Loss of love and affection
2,20,000/- 1,76,000/-
(reduced)
Funeral expenses 16,500/- 16,500/-
Transportation expenses
10,000/- 10,000/-
Loss of Estate 16,500/- 16,500/-
Total Rs.41,62,600/-
Rounded off to
Rs.41,18,600/-
Rounded off to
Rs.41,63,000/-
Rs.41,19,000/-
16. In the result, the appeal filed by the Insurance Company in
C.M.A.No.2634 of 2025 is partly allowed and the award dated 04.06.2014 in
M.C.O.P.No.340 of 2020 on the file of the Motor Accidents Claims Tribunal
(Special District Court No.I), Cuddalore, is modified to the effect that the
claimants are entitled to a compensation of Rs.41,19,000/- together with interest
@ 7.5.% per annum from the date of claim petition till the date of deposit. The
appellant-Insurance Company is directed to deposit the modified compensation
amount, less amount already deposited, if any, within a period of four weeks
from the date of receipt of a copy of this order. On such deposit, the
appellants / claimants are entitled to withdraw the same, less amount already
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withdrawn if any, on filing appropriate application before the Tribunal. The
manner, mode and disbursement of compensation shall be as per the order of the
Tribunal. Consequently, the appeal filed by the claimants in C.M.A.No.3313 of
2024 is dismissed. No costs. Consequently, the connected miscellaneous
petition is closed.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RSI/KSK
To
Motor Accidents Claims Tribunal,
Special District Court No.1, Cuddalore.
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CMA No. 3313 of 2024 & 2364 of 2025
M.JOTHIRAMAN J.
RSI
CMA Nos 3313 of 2024 & 2364 of 2025 and
CMP Nos.24265 of 2024, 1001 & 20146 of 2025
27-10-2026
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