P. Tamilselvi vs B. Hari Prasad

CMA No. 3618 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3618 of 2026
CNR: {HCMA011769282026}
1. P. Tamilselvi
2. M.P. Sweatha
3. P.Ajay Selvam
..Appellant(s)
Vs
1. B. Hari Prasad
2. The United India Insurance Company Ltd
Silingi Building, 4th Floor,
New No.134, Old No.40/45,
Gream Road, Chennai 600 006.
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to allow this Civil Miscellaneous Appeal by enhancing the
compensation awarded in the Judgement and Decree dated 11.11.2024 passed in
MCOP No.1239 of 2022 on the file of the Motor Accidents Claims Tribunal,
Chief Judge Court of Small Causes at Chennai.
For Appellant(s): Mr.Amar Dineshbhai Pandiya
For Respondent(s): Mr. M.B.Raghavan
for M/s. M.B.Gopalan Associates, for R2
R1 – Exparte in Tribunal
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CMA No. 3618 of 2026
JUDGMENT
The unsuccessful claimants have preferred this Civil Miscellaneous
Appeal seeking enhancement of compensation, vide award dated 11.11.2024
made in MCOP.No.1239 of 2022 on the file of the Motor Accident Claims
Tribunal, Chief Judge, Court of Small Causes, Chennai.
2. The claim petition has been filed under Section 166 of the Motor
Vehicles Act, for the death of one Panneerselvam, who died in a road accident
that took place on 14.08.2017. The first claimant is the wife, the second
claimant is the daughter and third claimant is son of the deceased.
3. According to the claimants, on 14.08.2017 at about 12.30 hours, while
the deceased was riding a Motorcycle bearing Registration No.TN 18 AK 6207
on vallur, opposite to NTECL, Virudhavanam Quarters, Chennai 600 120, a
Lorry bearing Registration No.AP 26 TD 7989 came from opposite direction
driven in a rash and negligent manner dashed against the deceased motorcycle.
Due to the impact, the deceased sustained multiple injuries all over the body and
died on 15.08.2017. According to the claimants, the deceased was aged about
52 years at the time of the accident and he was a Supervisor at CR Caterers
India Pvt Ltd., Valasaravakkam, Chennai 600 087 and was earning a sum of
Rs.25,000/- per month.
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CMA No. 3618 of 2026
4. The first respondent was called absent and set exparte before the
Tribunal.
5. The second respondent / Insurance Company has filed counter
statement denying the manner of accident. The deceased was riding the
motorcycle negligently without driving license, without following the traffic
rules and regulations, lost control and dashed on the first respondent vehicle.
6. Before the Tribunal, on behalf of the claimants, the first claimant was
examined herself as PW1, one G.Mohan, an eyewitness was examined as PW2
and Ex.P1 to Ex.P17 were marked. On behalf of the second respondent, no
witness was examined and no documents were 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, the Tribunal fixed a sum of
Rs.14,000/- as notional income of the deceased and added 10% towards future
th
prospects of the deceased, deducted 1/4 income of the deceased towards
personal and living expenses of the deceased, applied multiplier '11' and
awarded a sum of Rs.13,55,200/- as compensation under the head Loss of
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CMA No. 3618 of 2026
income / dependency. The Tribunal also awarded compensation under various
heads hereunder :
S.No Heads Amount awarded by the
Tribunal
1. Towards Loss of
income/dependency
(Rs.15,400 x 12 x 11x 2/3
13,55,200.00
2. Towards Loss of Estate 15,000.00
3. Towards Loss of Consortium
Rs.40,000/- (Each) x 3
1,20,000.00
4. Towards Funeral Expenses 15,000.00
5. Towards Transportation
charges including damages
to personal belongings
10,000.00
Total 15,15,200.00
Aggrieved over the same, the claimants have preferred this present appeal
seeking enhancement of compensation.
9. The learned counsel for the appellants / claimants would submit that
the Tribunal erred in fixing the notional income of the deceased as 14,000/-,
which is contrary to the oral evidence of PW1, who categorically deposed that
deceased was working as Supervisor at CR Caterers India Pvt Ltd. And earning
Rs.25,000/- per month, which is not correct and the same has to be enhanced.
The amount awarded by the Tribunal under other heads also appears to be very
meagre and hence prays for enhancement of compensation.
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CMA No. 3618 of 2026
10. Per contra learned counsel for the second respondent / Insurance
Company would submit that upon appreciation of the evidence adduced on
either side, the Tribunal has rightly fixed a sum of Rs.14,000/- as notional
monthly income of the deceased. The amount awarded under other heads
appears to be reasonable and does not requires any interference.
11. This Court considered the submissions made on either side and
perused the entire materials available on record.
12. 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 appellants is that fixation of notional income of the deceased
and fixation of future prospects of the deceased has to be considered. It is seen
from the records that the accident took place on 14.08.2017 and it is also not in
dispute that at the time of accident, the deceased was aged about 53 years.
Though the claimants have stated that the deceased was working as Supervisor
at CR Caterers India Pvt Ltd., and was earning a sum of Rs.25,000/- per month,
considering the age of the deceased and the accident took place in the year
2017, the Tribunal fixing a sum of Rs.14,000/- as notional income of the
deceased is not proper and this Court is inclined to fix a sum of Rs.16,000/- as
notional monthly income of the deceased, which would meets the end of justice,
Adding 10% future prospects and deducting 1/3rd towards personal and living
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CMA No. 3618 of 2026
expenses of the deceased and applying the proper multiplier '11', would be
proper and reasonable and the amount awarded by the Tribunal under the head
of loss of dependency would be modified as 16,000/- + 10% = 17,600/- x 2/3 =
11,732/- applied multiplier Rs.11,732 x 12 x 11 = 15,48,624/-. The
compensation awarded by the Tribunal under other heads are just and
reasonable and does not require any interference.
13. 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 income / dependency
(Rs.11,732 x 12 x 11)
15,48,624.00
2. Loss of estate 15,000.00
3. Loss of love and affection
(Rs.40,000/- x 3)
1,20,000.00
4. Funeral expenses 15,000.00
5. Transportation 10,000.00
Total 17,08,624.00
Rounded off to 17,08,600/-
14. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.17,08,600/-. This amount shall carry interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit.
15. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
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CMA No. 3618 of 2026
ii. The compensation awarded by the Tribunal is enhanced to
Rs.17,08,600/-.
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/Insurance Company, is directed to deposit the
enhanced compensation amount of Rs.17,08,600/- (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.1239 of 2022 on the file of the Motor Accident Claims
Tribunal, Chief Judge, Small Causes Court, Chennai, 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.21484 of 2026 dated
09.10.2026, the claimant is not entitled for 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. The manner
and mode of disbursement of compensation shall be as per the order of
the Tribunal.
03-11-2026
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CMA No. 3618 of 2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
jv
To
1. Motor Accidents Claims Tribunal
Chief Judge Court of Small Causes,
Chennai.
2. The Section Officer,
V.R.Section,
High Court, Madras.
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CMA No. 3618 of 2026
M.JOTHIRAMAN, J.
jv
CMA No. 3618 of 2026
03-11-2026
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