R.Jansi Rani vs A.Sridhar
- Court
- Madras High Court
CMA No. 3589 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 3589 of 2026
CNR: {HCMA011770072026}
1. R.Jansi Rani
2. R.Kamalakannan
3. S.Muthuvijaya
4. B.Sujatha
..Appellant(s)
Vs
1. A.Sridhar
2. The United India Insurance Company Limited,
Silingi Building, IV Floor, New No.134,
Old No.40/45, Greams Road, Chennai 600 006.
..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to allow the Civil Miscellaneous Appeal by enhancing the
compensation awarded in the Judgment and Decree, dated 18.04.2023, passed in
MCOP.No.7352 of 2018, on the file of Motor Accident Claims Tribunal, in the
III Court of Small Causes, at Chennai.
For Appellant(s): Mr.Amar Dineshbhai Pandiya
For Respondent(s): Mr I. Malar, for R2
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CMA No. 3589 of 2026
JUDGMENT
Unsuccessful claimant has preferred this Civil Miscellaneous Appeal
seeking enhancement of compensation, vide award dated 18.04.2023 made in
MCOP.No.7352 of 2018 on the file of the Motor Accident Claims Tribunal, III
Court of Small Causes, Chennai.
2. The claim petition has been filed under Section 166 of the Motor
Vehicles Act, filed by the dependants of the deceased T.Ramalingam, who
sustained fatal injuries in a road accident. According to the claimants, on
23.08.2018 at about 21.00 hours, the deceased was riding TVS XL bearing
Regn. No.TN-20-AD-6697, proceeding from west to east direction in Pammal
Main Road, Teacher Krishnasamy Street Junction Near Muthamil Nagar, Sree
Vinayagar Koil, Chennai. At that time the Tipper Lorry bearing Regn. No.TN-
32-T-2038 which was driven by its driver in a rash and negligent manner came
from behind on the same road and dashed against the deceased person and as a
result, the deceased person was fatal injured.
3. The first respondent, was called absent and set exparte before the
Tribunal.
4. The 2nd respondent therein / Insurance Company has filed a counter
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CMA No. 3589 of 2026
statement denying the manner of accident.
5. Before the Tribunal, the first claimant was examined as PW1 and one
K.Tamilselvan, eye witness was examined as PW2 and Exs.P1 to P25 were
marked. No witness was examined and no document was marked.
6. Upon appreciation of evidence adduced on either side, the Tribunal
found that the accident occurred due to the rash and negligent driving of the
offending vehicle. With regard to quantum of compensation, the Tribunal fixes
a sum of Rs.13,000/- per month as notional income of the deceased, added 10%
th
towards future prospects of the deceased, deducted 1/4 income of the deceased
towards personal and living expenses of the deceased, applied multiplier ‘15’
and awarded a sum of Rs.11,58,300/- as compensation under the head loss of
dependency. The Tribunal has also awarded compensation under various other
heads as tabulated hereunder:
Heads of Compensation Amount awarded
by the Tribunal
(Rs.)
Total Loss of dependency
(14,300 x12 x3/4 x9)
11,58,300.00
Loss of Consortium 1,60,000.00
Loss of Estate 15,000.00
Funeral Expenses 15,000.00
Total 13,48,300.00
Being aggrieved over the same, the claimants has preferred the present Civil
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CMA No. 3589 of 2026
Miscellaneous Appeal, seeking enhancement of compensation.
7. The learned counsel appearing for the appellants /claimants would
submit that the Tribunal erred in fixing the notional income of the deceased as
Rs.13,000/- per month, which is contrary to the oral evidence adduced to the
effect that the deceased was running a Provisional Store in the name and style of
Eshwari Stores, Pammal, Chennai and was earning Rs.50,000/- per month.
8. Per contra , learned counsel appearing for the 2nd respondent /
Insurance Company would submit that in the absence of proof of income, the
Tribunal has rightly awarded compensation under monthly income and other
various heads, which does not require any interference.
9. This Court considered the submissions made on either side and
perused the entire materials available on record.
10. There is no dispute with regard to the manner of accident and
negligence fixed on the part of the rider of the offending vehicle. The grievance
of the appellants is that the Tribunal erred in fixation of notional income at a
very meager amount, since the deceased was running the provisional store in the
name and style of Eshwari Stores and he was earned Rs.50,000/- per month. In
order to prove the monthly income of the deceased, the claimants did not file
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CMA No. 3589 of 2026
any documents. It is relevant to note that the accident took place on 23.08.2018
and the age of the deceased was 59 years at the time of accident.
11. Considering the cost of living at the time of accident, fixation of
Rs.13,000/- per month as the notional income of the deceased by the Tribunal is
meager and this Court is inclined to fix a sum of Rs.16,000/- per month and
10% future prospects to be added to the monthly income of the deceased, one
fourth has to be deducted towards the personal and living expenses of the
deceased, multiplier “9” has to be applied, accordingly compensation awarded
by the Tribunal under the head of loss of dependency is enhanced to [16,000/-
+10%= 17,600/- / 3/4 =13,200/- x 12 x 9] 14,25,600/-. The Tribunal awarded
the compensation under the head Loss of Consortium, loss of estate and funeral
expenses appears to be reasonable and proper and does not require any
interference. It is relevant to note that the Tribunal has not awarded
compensation under the head of Transportation expenses and this Court is
inclined to award a sum of Rs.10,000/- under the head of Transportation
expenses. Thus the compensation now modified by this Court is tabulated
hereunder:
Heads of Compensation Amount awarded
by the High Court
(Rs.)
Total Loss of dependency (17,600 x 12 x
3/4 x 9)
14,25,600.00
Loss of consortium 1,60,000.00
Loss of Estate 15,000.00
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CMA No. 3589 of 2026
Funeral Expenses 15,000.00
Transportation 10,000.00
Total 16,25,600.00
12. In the result, this Civil Miscellaneous Appeal is partly allowed,
modifying the award dated 18.04.2023 in MCOP.No.7352 of 2018 passed by
the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai to the
effect that the claimant is entitled for an enhanced compensation of
Rs.16,25,600/- with interest @ 7.5. pa. from the date of claim petition till the
date of deposit. The 2nd respondent / Insurance Company is directed to deposit
the enhancement amount, now determined by this Court, less amount already
deposited if any, within a period of six weeks from the date of receipt of a copy
of this judgment. On such deposit, the appellants /claimants are directed to
withdraw the same, less amount already withdrawn if any, on filing appropriate
application before the Tribunal and on payment of sufficient Court fee for the
enhanced compensation. As per order of this Court in CMP No.20878 of 2026
dated 07.10.2026, the claimants are not entitled for any interest on the enhanced
compensation for the delay period, if any. The manner, mode and disbursement
of compensation shall be as per the order of the Tribunal. No costs.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
jv
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CMA No. 3589 of 2026
To
1. The Motor Accident Claims Tribunal,
III Court of Small Causes, at Chennai.
2. The Section Officer,
V.R.Section,
High Court, Madras.
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CMA No. 3589 of 2026
M.JOTHIRAMAN, J.
jv
CMA No. 3589 of 2026
03-11-2026
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