Umamaheswari vs Triad

CMA No. 3414 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3414 of 2026
CNR: {HCMA011259492026}
Umamaheswari
W/o. Sekar,
D/o. Mapillaiyan,
Residing at
No.64, A.Liyankarai Street,
Nannilam Taluk,
Thiruvarur District.
..Appellant(s)
Vs
1. Triad
Flat No.8, Door No.10,
Neelakandas Mehta Street,
T.Nagar, Chennai 600 017.
2. United India Insurance Company Limited
No.134, Silingai Buildings,
4th Floor, Greams Road,
Chennai 600 006.
3. S.Sekar
No.64 A, Liyankarai Street,
Nannilam Taluk, Thiruvarur District.
..Respondent(s)
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to enhance the amount awarded in M.C.O.P No. 3063 of
2022 dated 20.12.2024 on the file of the Motor Accidents Claims Tribunal
(Chief Judge, Court of Small Causes, Chennai).
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CMA No. 3414 of 2026
For Appellant(s): Mr.K.Varadhakamaraj
For Respondent(s): Mr.M.B.Raghavan
for M/s.M.B.Gopalan Associates for R2
JUDGMENT
The unsuccessful claimant has 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 Umashankar, who died in a road accident that
took place on 22.06.2022. The claimant is the mother and the third respondent is
the father of the deceased Umashankar. The claim made by the third respondent
was dismissed before the Tribunal.
3. According to the claimant, on 22.06.2022 at about 15.40 hours, the
rider Umashankar along with pillion rider were travelling in a motorcycle
bearing Registration No. TN 50 AF 1229 on Tiruttani – Kanakkamma
Chatharam direction on 205 NH Road, near Pudure opposite GRD Pharmacy
College. At that time, the first respondent’s vehicle bearing Registration No TN
09 CA 8214 coming from the opposite direction was driven in a rash and
negligent manner and dashed against the motorcycle. Due to the said impact, the
deceased sustained fatal injuries and died on the spot.
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CMA No. 3414 of 2026
4. The third respondent remained absent and was set ex parte before the
Tribunal.
5. The third respondent has filed counter statement denying the manner of
accident.
6. The second respondent/Insurance Company has filed counter statement
wherein the second respondent denied the manner of accident.
7. Before the Tribunal, on behalf of the claimant, the claimant was
examined herself as PW1, one Saravanan, an eyewitness was examined as PW2
and Ex.P1 to Ex.P20 were marked. On behalf of the second respondent, no
witness was examined and no documents were marked.
8. 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.
9. With regard to quantum of compensation, in the absence of proof of
monthly income, the Tribunal fixed a sum of Rs.16,000/- as notional income of
the deceased, added 40% towards future prospects of the deceased, deducted 1/2
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CMA No. 3414 of 2026
income of the deceased towards personal and living expenses of the deceased,
applied multiplier '18' and awarded a sum of Rs.24,19,200/- as compensation
under the head Loss of income / dependency. The Tribunal also awarded
compensation under various heads hereunder :
S.No Heads Amount awarded by the
Tribunal
1. Loss of income / dependency 24,19,200/-
2. Loss of estate 16,500/-
3. Loss of consortium 44,000/-
4. Funeral expenses 16,500/-
5. Transportation charges 10,000/-
Total 25,06,200/-
10. Aggrieved over the same, the claimant has preferred this present
appeal seeking for enhancement of compensation.
11. The learned counsel for the appellant / claimant would submit that the
Tribunal went wrong in fixing the income of the deceased as Rs.16,000/- per
month. The Tribunal ought to have fixed the income of the deceased atleast
Rs.20,000/- per month, considering the cost of living on the date of accident and
considering the educational qualification of the deceased.
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CMA No. 3414 of 2026
12. Per contra learned counsel for the second respondent / Insurance
Company would submit that the deceased was a student and studying Diploma
in Pharmacy. In the absence of proof of monthly income, the Tribunal has
rightly fixed a sum of Rs.16,000/- as notional monthly income of the deceased
and accordingly, awarded compensation. The compensation arrived by the
Tribunal under other heads does not require any interference.
13. Heard learned counsel for the appellant as well as learned counsel for
the second respondent and perusal the materials available on record.
14. 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, and the Tribunal failed to consider the educational
qualification of the deceased at the time of accident. It is relevant to note that
the accident took place on 22.06.2022. A perusal of Ex.P12/driving license
reveals that it stands in the name of the deceased. A perusal of Ex.P17/mark
sheet wherein the date of birth of the deceased was mentioned as 11.03.2000
and the date of accident was 22.06.2022. Therefore, the Tribunal has rightly
fixed the age of the deceased as 22 years at the time of accident and applied the
multiplier ‘18’. According to the claimant, the deceased was a student studying
Diploma in Pharmacy at GRD Pharmacy College, Pudhur, Thiruvallur.
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CMA No. 3414 of 2026
Considering the age of the deceased at the time of accident and considering the
fact that the deceased was studying Diploma in Pharmacy in a private college,
this Court is inclined to fix a sum of Rs.19,000/- as notional monthly income of
the deceased, that would meet the ends of justice. The deceased died as a
bachelor and therefore, 50% deducted towards personal and living expenses of
the deceased. Considering the age of the deceased at the time of accident and by
adding 40% towards future prospects and by applying the multiplier ‘18’, the
compensation under the head loss of dependency would be,
Calculation :
Notional income : Rs.19,000/-
Future prospects : 40%
(Rs.19,000/- + 40% = 26,600/-)
Multiplier : 18
Rs.26,600/- x 12 x 18 x 1/2 = Rs.28,72,800/-
The compensation awarded by the Tribunal under various heads are appears to
be proper and reasonable does not require any interference.
15. 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 28,72,800/-
2. Loss of estate 16,500/-
3. Loss of consortium 44,000/-
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CMA No. 3414 of 2026
S.No Heads Amount awarded by this
Court
4. Funeral expenses 16,500/-
5. Transportation charges 10,000/-
Total Rs.29,59,800/-
16. Thus, the compensation awarded by the Tribunal is enhanced to
Rs.29,59,800/-. This amount shall carry interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit.
17. In the result,
i. The appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.29,59,800/-.
iii. The second respondent, United India Insurance Company Limited,
Chennai, is directed to deposit the enhanced amount of
Rs.29,59,800/- (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 M.C.O.P No. 3063 of 2022 on
the file of the Motor Accidents Claims Tribunal (Chief Judge, Court
of Small Causes, 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.14648 of 2026 dated 17.09.2026 the
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CMA No. 3414 of 2026
claimant is not entitled for any interest on the enhanced
compensation for the delay period, if any.
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.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MTL
To
1. The Motor Accidents Claims Tribunal
Chief Judge, Court of Small Causes, Chennai.
2. The VR Section, High Court, Madras.
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CMA No. 3414 of 2026
M.JOTHIRAMAN, J.
MTL
CMA No. 3414 of 2026
26-10-2026
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