PAVUN vs THE CHAIRMAN
- Court
- Madras High Court
CMA No. 2165 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 2165 of 2024
CNR: {HCMA010799602024}
1. Pavun
2. Menaka
3. Radhika
4. Iyyappan
5. Bakkiyalakshmi
..Appellant(s)
Vs
1. The Chairman,
Sathya Sai Matric Hr. Sec. School,
NH-45 Road, PASAR Village, Tittagudi Taluk.
2. The Legal Claim Manager,
M/s. Reliance General Insurance Co. Ltd,
th
No.6, 6 Floor, Hadowes Road,
Reliance Building,
Nungambakkam, Chennai -600 006.
..Respondent(s)
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 26.09.2023 made in
M.C.O.P.No.272 of 2022 on the file of the Motor Accidents Claims Tribunal,
III Additional District and Sessions Judge, Virudhachalam.
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CMA No. 2165 of 2024
For Appellant(s): Mr.R.Navaneetha Krishnan
For Respondent(s): Mr.P.Suresh Srinivasan for R2
R1-Dispensed with
JUDGMENT
The appellants/claimants have filed this Civil Miscellaneous Appeal
seeking enhancement of compensation awarded by the Motor Accident Claims
Tribunal, III Additional District and Sessions Court, Virudhachalam, in
M.C.O.P.No.272 of 2022, vide award dated 26.09.2023.
2. The first claimant is the mother of the deceased Karuppasamy and the
claimants 2 to 5 are the sisters and brother of the deceased Karuppasamy.
3. According to the claimants, on 08.04.2021 at about 09.00 a.m., when
the deceased was riding his Splendor plus motorcycle bearing Reg.No.TN 91 V
4872 from west to east on Veppur to Virudhachalam NH Road slowly by
keeping extreme left side, a school bus bearing Reg.No.TN 25 AC 0614
belonging to the first respondent came in the opposite direction and was driven
by its driver in a rash and negligent manner and dashed against the deceased’s
motorcycle, due to which, the deceased sustained grievous injuries all over his
body and immediately, he was taken to the Government Hospital,
Virudhachalam and however, he was declared as died. The first respondent is
the owner of the bus and the second respondent is the insurer of the bus.
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CMA No. 2165 of 2024
4. The first respondent/owner of the bus was called absent and was set ex-
parte before the Tribunal.
5. The second respondent/Insurance Company has filed a counter
statement denying the manner of accident and stated that the accident did not
occur due to rash and negligent driving of the driver of the bus.
6. On the side of the claimants, first claimant was examined as P.W.1 and
eye-witness was examined as P.W.2 and Ex.P1 to Ex.P13 were marked. On the
side of the respondents, no witness was examined and no document was
marked.
7. On appreciation of evidence adduced on either side, the Tribunal held
that due to rash and negligent driving of the driver of the first respondent's
school bus, the accident occurred, and directed the second respondent/Insurance
Company to pay the entire compensation to the claimants. With regard to the
quantum of compensation, though the claimants have stated that at the time of
accident, the deceased was working in Hundai Car Company (ITI) and earning a
sum of Rs.22,000/- per month, in the absence of proof of monthly income, the
Tribunal has fixed the monthly income of the deceased as Rs.9,000/- and added
40% towards future prospects by applying the ratio laid down by the Hon’ble
Apex Court of India in the case of National Insurance Company Limited vs.
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Pranay Sethi and others reported in 2017(2) TNMAC 609 and deducted ½
towards personal expenses of the deceased, since the deceased was a bachelor
and adopted the multiplier “17” as per the ratio laid down by the Hon’ble
Supreme Court of India in the case of Sarla Verma and others vs. Delhi
Transport Corporation and others reported in 2009 (2) TNMAC 1, and a sum
of Rs.12,85,200/- was awarded under the head of loss of income and also the
following compensation was awarded by the Tribunal under the other heads:-
S.No
.
Heads Amount
1 Loss of income Rs.12,85,200/-
2. Loss of Consortium Rs.40,000/-
3 Funeral Expenses Rs.15,000/-
4 Transportation expenses Rs.10,000/-
Total Rs.13,50,200/-
8. Aggrieved by the same, the claimants have preferred this appeal
seeking enhancement of compensation.
9. The learned counsel appearing for the appellants/claimants would
submit that the Tribunal failed to consider the age, occupation and income of
the deceased, while awarding the compensation amount. At the time of accident,
the deceased was aged about 24 years and was working in Hundai Car
Company (ITI) and earning a sum of Rs.22,000/- per month. However, the
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Tribunal has failed to consider that the deceased was technically qualified with
Turner Certificate and Proficiency Certificate issued by the Government
Industrial Institute, Ulundurpet, which were marked as Ex.P11 and Ex.P12 and
the Provisional National Trade Certificate issued by the Department of
Employment and Training, Guindy, Chennai, which was marked as Ex.P13. In
the light of the qualifications, the Tribunal ought to have fixed the monthly
income of the deceased as Rs.20,000/-.
10. Per contra , learned counsel appearing for the second respondent /
Insurance Company submits that since there was no proof produced for the
monthly income of the deceased, the Tribunal has rightly fixed the monthly
income of the deceased at Rs.9,000/- per month and there is no infirmity in the
monthly income fixed by the Tribunal.
11. This Court considered the submissions made by both sides and
perused the materials available on record.
12. There is no dispute with regard to the manner of accident and
negligence fastened on the part of the driver of the first respondent's school bus.
The main grievance of the appellants is with regard to fixation of monthly
income by the Tribunal and that the Tribunal failed to consider the educational
qualification possessed by the deceased. According to the claimants, at the time
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of accident, at the time of accident, the deceased was aged about 24 years and
was working in Hundai Car Company (ITI) and earning a sum of Rs.22,000/-
per month. However, based on the school Transfer Certificate of the deceased,
the Tribunal has fixed the age of the deceased as 27 years and the same is
upheld by this Court. In order to prove the monthly income, the claimants have
not produced any documents. However, the claimants have relied upon
Ex.P11/Turner Certificate, Ex.P12/Proficiency Certificate issued by the
Government Industrial Institute, Ulundurpet and Ex.P13/Provisional National
Trade Certificate issued by the Department of Employment and Training,
Guindy, Chennai. It is relevant to note that the accident took place on
08.04.2021 and at the time of accident, the deceased was aged about 27 years.
Hence, this Court is inclined to enhance the monthly income of the deceased
from Rs.9,000/- to Rs.17,000/- and accordingly, the Loss of income would be:
Monthly Income : Rs. 17,000/-
Add: Future Prospects : Rs. 6,800/-
40% of Rs.17,000/- -----------------
Rs. 23,800/-
Annual Income : Rs.2,85,600/-
(23,800 * 12)
Less : Personal expenses
Rs.2,85,600/- * 1/2 : Rs.1,42,800/-
-----------------
Rs.1,42,800/-
Multiplier : x 17
------------------
Loss of income : Rs.24,27,600/-
------------------
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13. The Tribunal has awarded only a sum of Rs.40,000/- under the head
of loss of consortium to the first claimant/mother of the deceased, however, the
claimants No.2 to 5 are also entitled to get a sum of Rs.40,000/- each under the
head of loss of love and affection and hence, a sum of Rs.1,60,000/-
(Rs.40,000/- * 4) is awarded under the head of loss of love and affection. The
Tribunal has not awarded any amount under the head of loss of estate and
hence, a sum of Rs.15,000/- is awarded under the head of loss of estate. The
compensation awarded by the Tribunal under the other heads, namely, ‘funeral
expenses and transportation expenses” appears to be just and proper and does
not require any interference by this Court. Accordingly, the compensation
awarded by the Tribunal is modified as under:
S.No Head of
Compensation
Amount
awarded by the
Amount
awarded by
Tribunal
this Court
(Rs)
(Rs)
1. Loss of income Rs.12,85,200/- Rs.24,27,600/-
2. Loss of Consortium Rs.40,000/- Rs.40,000/-
3. Loss of love and
affection
- Rs.1,60,000/-
4. Loss of Estate - Rs.15,000/-
5. Funeral Expenses Rs.15,000/- Rs.15,000/-
6. Transportation
expenses
Rs.10,000/- Rs.10,000/-
Total Rs.13,50,200/- Rs.26,67,600/-
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14. In the result, this Civil Miscellaneous Appeal is allowed in part and
the compensation awarded by the Tribunal at Rs.13,50,200/- is hereby enhanced
to Rs.26,67,600/ - together with interest @ 7.5% per annum from the date of
filing of claim petition till the date of deposit. The second respondent is directed
to deposit the entire award amount now determined by this Court along with
interest and costs, less the amount already deposited, if any, within a period of
six weeks from the date of receipt of a copy of this judgment, to the credit of
M.C.O.P.No.272 of 2022 on the file of the Motor Accidents Claims Tribunal,
III Additional District and Sessions Court, Virudhachalam. On such deposit, the
appellants are permitted to withdraw the award amount now determined by this
Court, along with interest and costs, less the amount, if any already withdrawn,
as per the apportionment fixed by the Tribunal by making proper application
before the Tribunal. The appellants are directed to pay necessary Court fee, if
any, on the enhanced compensation. The other directions issued by the Tribunal
with regard to the mode of payment of compensation remains unaltered. The
manner and mode of disbursement of compensation shall be as per the order of
the Tribunal. There shall be no order as to costs.
15-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
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CMA No. 2165 of 2024
To
1. The Motor Accidents Claims Tribunal,
III Additional District and Sessions Court, Virudhachalam.
2. The Section Officer,
V.R. Section,
High Court,
Chennai.
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CMA No. 2165 of 2024
M.JOTHIRAMAN, J.
ssb
CMA No. 2165 of 2024
15-10-2026
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