Madras HC Raises Compensation For Mother And Siblings Of Man Killed By School Bus To ₹26.67 Lakh, Citing His Technical Certificates

The claimants— the deceased’s mother, sisters and brother—sought compensation after the deceased, a motorcyclist, died in a collision with a school bus on 8 April 2021.

The Tribunal found the bus driver negligent and awarded ₹13,50,200, calculating the deceased’s monthly income at ₹9,000 in the absence of documentary proof.

The claimants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, principally relying on the deceased’s technical qualifications and claimed employment and earnings.

The High Court upheld the Tribunal’s finding on negligence and the deceased’s age of 27, and considered the income assessment and compensation under other heads.

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Motor Accidents Claims Tribunal.

In assessing dependency compensation, the Court applied National Insurance Co. Ltd. v. Pranay Sethi, 2017 (2) TNMAC 609, for adding 40% towards future prospects, and Sarla Verma v. Delhi Transport Corporation, 2009 (2) TNMAC 1, for applying the appropriate multiplier and deducting one-half of a bachelor’s income towards personal expenses.

The Court also awarded compensation for loss of love and affection to the deceased’s siblings and brother, and for loss of estate.

Although the claimants produced no documentary evidence establishing the deceased’s income, they produced his Turner, Proficiency and Provisional National Trade certificates.

Considering those qualifications and the deceased’s age, the Court found ₹9,000 per month inadequate and fixed income at ₹17,000 per month.

It added 40% for future prospects, deducted one-half for personal expenses and applied multiplier 17, producing loss of income of ₹24,27,600.

It further awarded ₹1,60,000 for loss of love and affection to claimants 2 to 5 and ₹15,000 for loss of estate, while leaving the Tribunal’s awards for consortium, funeral expenses and transportation unchanged.

The total compensation was enhanced from ₹13,50,200 to ₹26,67,600, with interest at 7.5% per annum from the date of filing the claim petition until deposit.

The insurer was directed to deposit the enhanced award, with interest and costs and after credit for any amount already deposited, within six weeks; the Tribunal’s apportionment and other disbursement directions remained in force.