Facts
The appellant, the deceased Manikandan’s mother, sought compensation under Section 166 of the Motor Vehicles Act, 1988, following his death from injuries sustained in a motorcycle collision on 8 April 2022.
Source reference: p. 2She claimed that he was 26 years old, worked as a hotel master and occasional driver, and earned ₹30,000 per month.
Source reference: pp. 2–4The Motor Accident Claims Tribunal found the accident was caused by the offending motorcycle and awarded ₹29,11,925, including ₹27,13,200 for loss of dependency, using a monthly income of ₹19,000.
Source reference: pp. 2–4The claimant appealed under Section 173 of the Act, seeking enhancement; the insurer did not appear in the High Court.
Source reference: pp. 1, 5Issues
1. Whether the Tribunal’s assessment of the deceased’s monthly income at ₹19,000 was inadequate and should be enhanced for calculating loss of dependency.
Source reference: pp. 5–72. Whether the compensation awarded under the other heads required modification.
Source reference: p. 8Law Applied
The claim was brought under Section 166 and the appeal under Section 173 of the Motor Vehicles Act, 1988.
Source reference: pp. 1–2Under National Insurance Company Limited v. Pranay Sethi, 2017 (2) TNMAC 609 (SC), future prospects are added to income in accordance with the deceased’s age and employment status; the Court applied an addition of 40% for the deceased, aged 26.
Source reference: p. 6Under Sarla Verma v. Delhi Transport Corporation, 2009 (2) TNMAC 1 (SC), the applicable multiplier for the deceased’s age was 17.
Source reference: p. 7The Court also deducted 50% of the deceased bachelor’s income for personal and living expenses.
Source reference: p. 7Reasoning
Although the claimant asserted that the deceased earned ₹30,000 per month, the evidence did not substantiate that amount.
Source reference: p. 6The Court nevertheless considered the Tribunal’s notional income of ₹19,000 inadequate for an accident in April 2022 and increased it to ₹20,000 per month.
Source reference: p. 6Applying 40% for future prospects, deducting 50% for personal expenses because the deceased was a bachelor, and using a multiplier of 17, the Court calculated loss of dependency at ₹28,56,000.
Source reference: p. 7It found no basis to alter the awards under the other heads.
Source reference: p. 8Holding
The appeal was allowed.
The total compensation was enhanced from ₹29,11,925 to ₹30,54,725, with interest at 7.5% per annum from the date of the claim petition until deposit, subject to the exclusion of the 37-day delay period and credit for amounts already deposited or withdrawn.
Source reference: pp. 8–9The insurer was directed to deposit the amount, with interest and costs, within six weeks; the Tribunal’s other disbursement directions remained unchanged, and the appellant was directed to pay any court fee due on the enhanced compensation.
Source reference: p. 9Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19882
Original Court PDF
LAKSHMIvsSENTHIL MURUGAN
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