A.BABU vs P.CHINNARAJA
- Court
- Madras High Court
CMA No. 1163 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 1163 of 2023
CNR: {HCMA010832722023}
1. A.Babu
2. B.Devadharshini (Minor)
3. B.Roshini (Minor)
4. B.Gugan Ram (Minor)
(Minors 2 to 4 are Rep by father 1st appellant
as natural guardian and next friend)
5. A.Meenakshi
6. K.Chinnammal .. Appellant(s)
Vs
1. P.Chinnaraja
2. HDFC ERGO G1.Insurnace Co.Ltd.,
R R Towers, II 2nd Floor, No.94/95,
TVK Industrial Estate, Guindy,
Chennai 600 032 ..Respondent(s)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the compensation from Rs.16,79,300/- for a
further sum of Rs.20,00,000/- (as restricted to by the Appellant) with higher rate
of interest and costs.
For Appellant(s) : Mr.P.t.Saleem
For Respondent(s): Notice Dispensed with – R1
Mr.K.Vinod - R2
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CMA No. 1163 of 2023
JUDGMENT
Unsuccessful claimants have preferred the present Civil Miscellaneous
Appeal seeking enhancement of compensation and challenging the fixation of
10% contributory negligence on the part of the deceased.
2. The first claimant is the husband of the deceased, the second to fourth
claimants are their children, the fifth claimant is the mother-in-law of the
deceased, and the sixth claimant is the mother of the deceased, Muthulakshmi.
3. According to the claimants, on 10.10.2018, at about 16.00 hours, the
deceased was travelling as a pillion rider on a motorcycle bearing Registration
No. TN-45-BD-8955, ridden by her husband, from east to west on the
Manapparai–Viralimalai Road. When they were proceeding near the
Government General Hospital, opposite Thaliammai Aachi Traders, another
motorcycle bearing Registration No. TN-45-BT-0919 came from behind at a
high speed, rash and negligent manner and dashed against the motorcycle. Due
to the impact, the deceased fell on the road and sustained a head injury and
other multiple injuries.
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CMA No. 1163 of 2023
4. It is the further case of the claimants that the deceased was engaged in
agricultural coolie work and was earning between Rs.10,000/- and Rs.12,000/-
per month.
5. The second respondent–Insurance Company filed a counter statement
denying the manner of the accident. It was contended that the accident occurred
due to the negligence of the rider of the motorcycle bearing Registration No.
TN-45-BD-8955 and that the deceased was also contributed to the occurrence of
the accident.
6. Before the Tribunal, the first claimant was examined as P.W.1, and
Exs.P1 to P19 were marked. On the side of the second respondent, no witness
was examined and no documentary evidence was marked.
7. Upon appreciation of the evidence adduced on either side, the Tribunal
held that the accident had occurred due to the rash and negligent riding of the
offending motorcycle. However, the Tribunal also fixed 10% contributory
negligence on the part of the deceased on the ground that she was not wearing a
helmet and had sustained a head injury. With regard to the quantum of
compensation, the Tribunal fixed the monthly notional income of the deceased
at Rs.8,000/-, considering her age of 35 years at the time of the accident as
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CMA No. 1163 of 2023
evidenced by Ex.P6, the post-mortem certificate. The Tribunal added 40%
towards future prospects, applied a multiplier of 16 and deducted one-fourth of
the income towards the personal expenses of the deceased. Accordingly, the
Tribunal awarded a sum of Rs.16,12,800/- towards loss of dependency, apart
from compensation under the other heads, as detailed below :-
S.No. Heads of Compensation Amount awarded by
the Tribunal
1 Loss of dependency Rs.16,12,800/-
2 Loss of consortium Rs. 2,20,000/-
3 Loss of estate Rs. 16,500/-
4 Funeral expenses Rs. 16,500/-
Total
Deduction of 10% for contributory
negligence
Rs.18,65,800/-
Rs. 1,86,580/-
----------------
Rs.16,79,220/-
----------------
rounded off to
Rs.16,79,300/-
8. Aggrieved over the same, claimants have preferred the present appeal
seeking enhancement of compensation.
9. The learned counsel appearing for the appellants/claimants would
submit that the deceased was aged about 35 years at the time of the accident and
was engaged in agricultural work, earning not less than Rs.12,000/- per month.
The Tribunal ought not to have fixed her monthly income at Rs.8,000/-. It is
further submitted that the Tribunal had failed to consider the number of
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CMA No. 1163 of 2023
dependants and the size of the family while determining the compensation. The
learned counsel further contended that the accident occurred due to the rash and
negligent riding of the offending motorcycle, which dashed against the
motorcycle on which the deceased was travelling as a pillion rider. Therefore,
the fixation of contributory negligence on the part of the deceased was
unwarranted and liable to be set aside.
10. The learned counsel further submitted that, as evidenced by Exs.P4
and P5, medical expenses amounting to Rs.3,41,100/- had been incurred in
connection with the treatment of the deceased, who had undergone inpatient
treatment for 24 days.
11. Per contra, the learned counsel appearing for the second respondent–
Insurance Company submitted that the Tribunal has rightly fixed the monthly
income of the deceased at Rs.8,000/- in the absence of documentary evidence
establishing her actual income. The learned counsel further contended that the
finding regarding contributory negligence did not warrant interference.
12. This Court has considered the submissions made by the learned
counsel appearing on either side and perused the materials available on record.
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CMA No. 1163 of 2023
13. It is not in dispute that the deceased was travelling as a pillion rider at
the time of the accident. On a perusal of the post-mortem certificate, it is seen
that the deceased had sustained a head injury. The Tribunal had fixed
contributory negligence on the part of the deceased on the ground that she was
not wearing a helmet. However, it is relevant to note that the deceased was not
riding the motorcycle but was travelling only as a pillion rider. Further, as per
the evidence of P.W.1, the offending motorcycle dashed against the two-
wheeler from behind, as a result of which the deceased was thrown onto the
road.
14. Having regard to the above circumstances, this Court is of the
considered view that the finding regarding contributory negligence requires
modification. Accordingly, the contributory negligence attributable to the
deceased is reduced from 10% to 5%.
15. It is also relevant to note that the second to fourth claimants are the
minor children of the deceased. Considering the year of the accident, the age of
the deceased and the nature of her occupation, this Court is inclined to enhance
the monthly notional income of the deceased from Rs.8,000/- to Rs.12,000/-.
Accordingly, 40% is added towards future prospects. Having regard to the age
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CMA No. 1163 of 2023
of the deceased, the appropriate multiplier is applied, and one-fourth of the
income is deducted towards her personal expenses. Consequently, the
compensation awarded under the head of loss of dependency is modified.
16. It is relevant to note that Ex.P4 – IP bill and Ex.P-5 Pharmacy Bill.
On a perusal of Exs.P4 and P5, it is seen that a sum of Rs.3,41,100/- was
occurred towards medical expenses. However, the said medical expenses has
not considered by the Tribunal. In view of the above, the claimants are entitled
to Rs.3,41,100/- towards medical expenses.
17. As regards the loss of love and affection, the Tribunal has not
awarded any amount under this head. However, this Court awards a sum of
th
Rs.44,000/- towards loss of love and affection to the 5 claimant. Accordingly,
the compensation awarded by the Tribunal is modified as follows : -
S.No. Heads of Compensation Amount awarded by
this Court
1 Loss of dependency :-
i) monthly income : Rs.12,000/-
ii) Add :
Future prospects : Rs. 4,800/-
(Rs.12,000/ x 40%) --------------
Rs. 16,800/-
--------------
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CMA No. 1163 of 2023
iii)Annual income
(Rs.16,800/- x 12) : Rs.2,01,600/-
iv) Less :
Personal expenses of
the deceased at 1/4 : Rs. 50,400/-
----------------
Rs.1,51,200/-
v) Multiplier ( 16)
(Rs.1,51,200 x 16) : Rs.24,19,200/-
Rs. 24,19,200/-
2 Loss of consortium to the claimants 1 to 4
& 6
Rs. 2,20,000/-
th
3 Loss of love and affection to the 5
Rs. 44,000/-
claimant
4 Loss of Estate Rs. 16,500/-
5 Funeral expenses Rs. 16,500/-
6 Medical expenses Rs. 3,41,100/-
Total
Rs.30,57,300/-
Rs. 1,52,865/-
-----------------
Rs.29,04,435/-
------------------
rounded off to
Rs.29,04,000/-
Deduction of 5% for contributory
negligence
Compensation payable
18. In view of the above discussion, the finding of the Tribunal regarding
contributory negligence is modified by fixing 5% negligence on the part of the
deceased and 95% negligence on the part of the offending vehicle, namely, first
respondent.
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19. In the result;
i) The Civil Miscellaneous Appeal is partly allowed.
ii) T he finding of the Tribunal with regard to contributory
negligence is modified in terms of para 18 of this
Judgment.
iii) The compensation amount awarded by the Tribunal is
enhanced from Rs.16,79,300/- to Rs.29,04,000/-.
iv) The second respondent/Insurance Company is directed
to deposit the enhanced compensation amount now
determined by this Court i.e., Rs.29,04,000/- (less the
amount already deposited if any) together with interest
at the rate of 7.5% per annum from the date of claim
petition till the date of deposit, (excluding the period of
default, if any) and costs to the credit of
M.C.O.P.No.546 of 2019 on the Motor Accident Claims
Tribunal/ II Court of Small Causes, Chennai, within a
period of six weeks from the date of receipt of a copy of
this Judgment.
th
v) On such deposit, the 5 claimant/mother-in-law is
permitted to withdraw a sum of Rs.44,000/- towards
loss of love and affection along with interest and cost
by filing necessary application before the Tribunal.
Claimant nos.1, 4 & 6 are permitted to withdraw the
remaining amount in the same ratio as apportioned by
the Tribunal, along with the interest and costs, after
adjusting the amount, if any already withdrawn, by
filing necessary applications before the Tribunal.
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CMA No. 1163 of 2023
vi) The share of the minor claimant Nos.2 to 4, shall be
deposited by the Tribunal in anyone of the nationalised
Bank under re-investment scheme till they attain
majority. The first claimant, who is guardian of the
minors, is permitted to withdraw the accrued interest
from the deposit of the minors’ share, once in three
months directly from the said Bank. On attaining the
age of majority, claimant Nos.2 & 3 may be permitted
to withdraw their share by filing necessary applications
before the Tribunal.
vii) The appellants/claimants are directed to pay the Court
fee for the compensation amount, if required.
viii) The other directions issued by the Tribunal with regard
to the mode of payment of compensation remains
unaltered.
ix) 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.
09-10-2026
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
KKD
To
The Motor Accident Claims Tribunal,
II Court of Small Causes, Chennai,
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CMA No. 1163 of 2023
M.JOTHIRAMAN, J.
KKD
CMA No. 1163 of 2023
09-10-2026
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