B.Ramya vs A.Enbaselvan
- Court
- Madras High Court
CMA No. 663 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 663 of 2022
CNR: {HCMA010398782022}
1. B.Ramya
2. Minor.A.Rahul Srinivasan
rep. by his mother B.Ramya/1st Appellant
3. Minor A.Pranaov Ranganathan
rep. by his mother B.Ramya/1st Appellant
..Appellant(s)
Vs
1. A.Enbaselvan
2. Reliance General Insurance Co Ltd
Rais Towers, 2nd Floor,
No.2054, 2nd Avenue,
Next to GRP Jewelry, Anna Nagar,
Chennai-600 040.
3. R.Dhanalakshmi
..Respondent(s)
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 28.04.2021 passed in
M.C.O.P.No.2916 of 2016 on the file of the Motor Accidents Claims Tribunal/
st
1 Additional District and Sessions Judge, Cuddalore.
For Appellant(s): Mrs.Ramya V.Rao
For Respondent(s): R1-Not ready
Mr.S.Arun Kumar for R2
No appearance for R3
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CMA No. 663 of 2022
J U D G M E N T
The unsuccessful claimant Nos.1 to 3/appellants have filed this Civil
Miscellaneous Appeal seeking enhancement of compensation awarded by the
st
Motor Accident Claims Tribunal, 1 Additional District and Sessions Court,
Cuddalore, in M.C.O.P.No.2916 of 2016, vide award dated 28.04.2021.
2. The first claimant/first appellant is the wife of the deceased
Ayyappasrinivasan, second and third claimants/second and third appellants are
the sons of the deceased and the fourth claimant, who is the father of the
deceased, died during the pendency of the claim petition. The fifth
claimant/third respondent herein is the mother of the deceased.
3. According to the appellants, on 11.03.2016 at about 08.30 p.m., when
the deceased was riding his motorcycle bearing Reg.No.TN 30 5131 on the
extreme left hand side of Sethiyathope-Kumbakonam Main Road, near
Theepaintha Natchiya Koil, the first respondent’s motorcycle bearing
Reg.No.TN 09 CC 5278 came in the opposite direction at a high speed in a rash
and negligent manner and hit against the deceased’s motorcycle, due to which,
the deceased was thrown out of his motorcycle and sustained grievous injuries
and multiple fractures all over his body and head and he was immediately taken
to the Government Hospital, Chidambaram and on the way to the Hospital, he
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CMA No. 663 of 2022
died. According to the appellants, the deceased was working as Proprietor of
Srinivasa Agencies, Sethiyathope and earned a sum of Rs.50,000/- per month .
The first respondent is the owner-cum-rider of the offending vehicle and the
second respondent is the insurer of the offending vehicle.
4. The first respondent was called absent and set ex-parte before the
Tribunal.
5. The second respondent/Insurance Company has filed a counter
statement denying the manner of accident.
6. On the side of the claimants, first claimant was examined as P.W.1 and
P.W.2 to P.W.4 were examined and Ex.P1 to Ex.P13 were marked. On the side
of the respondents, R.W.1 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 first respondent, the accident
occurred and that at the time of accident, the rider of the motorcycle bearing
Reg.No.TN 09 CC 5278/first respondent did not have valid driving licence to
drive the vehicle and hence, the Tribunal directed the second
respondent/Insurance Company to pay the compensation first and then recover
the same from the first respondent. With regard to the quantum of
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CMA No. 663 of 2022
compensation, the Tribunal has fixed a sum of Rs. 13,000/- as monthly income
of the deceased and added 40% towards future prospects by applying the ratio
laid down by the Hon’ble Supreme Court of India in the case of National
Insurance Company Limited vs. Pranay Sethi and others reported in 2017(2)
TNMAC 609 (SC), and as per the judgment of 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 (SC), considering the number of
dependents of the deceased, 1/4th was deducted towards personal and living
expenses of the deceased and the multiplier “15” was adopted, since the age of
the deceased was 39 years at the time of accident and thereby, a sum of
Rs.24,57,000/- was awarded under the head of loss of income and also the
following compensation was awarded under the other heads:-
S.No
.
Heads Amount
1 Loss of Income Rs.24,57,000/-
2. Loss of Consortium Rs.40,000/-
3 Loss of love and affection Rs.40,000/-
(Rs.10,000/- * 4)
4 Transport Expenses Rs.10,000/-
5 Funeral Expenses Rs.10,000/-
Total Rs.25,57,000/-
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8. Aggrieved by the same, the appellants have preferred this appeal
seeking enhancement of compensation.
9. The learned counsel appearing for the appellants would submit that the
accident took place in the year 2016 and the deceased was a Proprietor of
Srinivasa Agencies, Sethiyathope and was earning a sum of Rs.50,000/- per
month. To prove the same, Auditor’s report has been filed as Ex.P6 and the
Auditor has also been examined as P.W.4 and also Ex.P8/details of assets and
liabilities of Srinivasa Agencies has also been produced before the Tribunal.
However, the Tribunal has fixed a sum of Rs.13,000/- as notional income of the
deceased which appears to be very meager and the same has to be enhanced.
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.13,000/- 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.
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12. There is no dispute with regard to the manner of accident and the
negligence fastened on the rider of the offending vehicle/first respondent. It is
seen from the records that the rider of the offending vehicle/first respondent did
not have valid driving licence to drive the vehicle at the time of accident and it
was proved by the second respondent/Insurance Company by examining a
witness from RTO, Chidambaram as R.W.1 and hence, the Tribunal has rightly
directed the second respondent/Insurance Company to pay the compensation
first and thereafter, recover the same from the first respondent which does not
require any interference by this Court.
13. It is relevant to note that the accident took place on 11.03.2016 and at
the time of accident, the age of the deceased was 39 years. Though the
claimants have relied upon the evidence of P.W.4, who is the Auditor of the
deceased and produced Ex.P6 and Ex.P11/Auditor’s reports and Ex.P8/details
of assets and liabilities of Srinivasan Agencies, in the said exhibits, the
Proprietor of Srinivasa Agencies was mentioned as one Dhanalakshmi Ammal
and the deceased is the son of the said Dhanalakshmi Ammal. In such
circumstances, the claim made by the appellants that the deceased was the
proprietor of Srinivasa Agencies and was earning a sum of Rs.50,000/- per
month, cannot be taken into consideration and the evidence of Auditor also
cannot be taken into account. However, considering the fact that the accident
took place on 11.03.2016 and that the deceased was aged about 39 years at the
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time of accident, this Court is inclined to enhance the monthly income of the
deceased from Rs.13,000/- to Rs.15,000/- and accordingly, the Loss of income
would be:
Monthly Income : Rs. 15,000/-
Add: Future Prospects : Rs. 6,000/-
40% of Rs.15,000/- -----------------
Rs. 21,000/-
Annual Income : Rs. 2,52,000/-
(21,000 * 12)
Less : Personal expenses
Rs.2,52,000/- * 1/4 : Rs.63,000/-
-----------------
Rs.1,89,000/-
Multiplier : x 15
------------------
Loss of income : Rs.28,35,000/-
------------------
14. The Tribunal has already awarded a sum of Rs.40,000/- under the
head of loss of consortium to the first appellant, hence, the first appellant is not
entitled to get any compensation under the head of loss of love and affection
and therefore, a sum of Rs.10,000/- awarded by the Tribunal under the head of
loss of love and affection to the first appellant is set aside. A sum of Rs.10,000/-
awarded by the Tribunal to each of the appellants 2 and 3 and the third
respondent under the head of loss of love and affection is very meager, hence,
each of the appellants 2 and 3 and third respondent are entitled to get a sum of
Rs.40,000/- and accordingly, a sum of Rs.1,20,000/- is awarded under the head
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of loss of love and affection. A sum of Rs. 10,000/- awarded under the head of
funeral expenses appears to be meager and the same is enhanced to Rs.15,000/-.
No compensation has been awarded under the head of loss of estate, 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, ‘loss of
consortium and transport 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 hereunder:-
S.No Head of
Compensation
Amount
awarded by the
Amount
awarded by
Tribunal
this Court
(Rs)
(Rs)
1. Loss of income Rs.24,57,000/- Rs.28,35,000/-
2. Loss of Consortium Rs.40,000/- Rs.40,000/-
3. Loss of love and
affection
Rs.40,000/- Rs.1,20,000/-
(Rs.40,000/- *
3)
4. Transport Expenses Rs.10,000/- Rs.10,000/-
5. Funeral Expenses Rs.10,000/- Rs.15,000/-
6. Loss of Estate - Rs.15,000/-
Total Rs.25,57,000/- Rs.30,35,000/-
15. In the result, this Civil Miscellaneous Appeal is allowed in part and
the compensation awarded by the Tribunal at Rs.25,57,000/- is hereby enhanced
to Rs.30,35,000/- together with interest @ 7.5% per annum from the date of
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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.2916 of 2016 on the file of the Motor Accidents Claims Tribunal,
I Additional District and Sessions Court, Cuddalore and thereafter, recover the
same from the first respondent. On such deposit, the appellants and the third
respondent 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 and 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.
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
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CMA No. 663 of 2022
To
1.The Motor Accidents Claims Tribunal,
st
1 Additional District and Sessions Judge, Cuddalore.
2.The Section Officer,
V.R. Section,
High Court,
Chennai.
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CMA No. 663 of 2022
M.JOTHIRAMAN, J.
ssb
CMA No. 663 of 2022
30-10-2026
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