Madras High Court
Transport, Maritime, and Aviation LawCivil Law

Evidence-supported assessment of a deceased’s income warrants no appellate interference absent contrary evidence.

The Divisional Manager, vs D.vaitheeswari

Madras High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Evidence-supported assessment of a deceased’s income warrants no appellate interference absent contrary evidence.. The Divisional Manager, vs D.vaitheeswari. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The claimants sought compensation for the death of Thirunavukkarasu in a 2017 motor accident involving a vehicle insured by the appellant.

Source reference: p. 3–4

The Motor Accident Claims Tribunal, Tenkasi, awarded ₹32,28,000, including ₹28,98,000 for loss of dependency, fixing the deceased’s monthly income at ₹23,000.

Source reference: p. 3–4

The insurer appealed under Section 173 of the Motor Vehicles Act, challenging the quantum, principally the assessment of monthly income.

Source reference: p. 2, 4

The claimants’ evidence included testimony from the deceased’s employer and an income certificate stating a salary of ₹20,000 per month, in addition to daily batta of ₹100.

Source reference: p. 5
02

Issues

Whether the Tribunal erred in fixing the deceased’s monthly income at ₹23,000 for calculating compensation.

Source reference: p. 4–5

Whether the overall compensation awarded by the Tribunal was liable to be interfered with on appeal.

Source reference: p. 5
03

Law Applied

The appeal was brought under Section 173 of the Motor Vehicles Act, which provides for an appeal against an award of a Motor Accident Claims Tribunal.

Source reference: p. 2

It addresses whether the Tribunal’s assessment was supported by the evidence and whether the resulting compensation was just and reasonable.

Source reference: p. 4–5
04

Reasoning

The Tribunal’s income assessment was supported by the employer’s evidence and the income certificate, which recorded a monthly salary of ₹20,000 plus daily batta.

Source reference: p. 4–5

The insurer produced no contrary evidence showing that the deceased earned less than the ₹23,000 monthly income assessed by the Tribunal.

Source reference: p. 4–5

In light of that evidentiary record, the Court found no basis to disturb the income assessment or the overall award as just and reasonable.

Source reference: p. 4–5
05

Holding

The Court dismissed the appeal and affirmed the Tribunal’s award of ₹32,28,000.

It directed the insurer, if it had not already done so, to deposit the entire award with accrued interest and costs within eight weeks of receiving the judgment.

Source reference: p. 5

The claimants were permitted to withdraw the compensation in accordance with the proportions specified in the Tribunal’s award; there was no order as to costs, and the connected miscellaneous petition was closed.

Source reference: p. 5
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19881

Madras High Court

Original Court PDF

The Divisional Manager,vsD.vaitheeswari

Madras High Court · October 06, 2026

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