01Facts
The appellants, the deceased K. Muthumari’s wife and three minor children, sought compensation for his death in a road accident on 28 February 2022 involving a lorry insured by the second respondent.
pp. 2–4The Tribunal found the lorry driver negligent and awarded ₹28,08,400, calculating dependency on a notional monthly income of ₹12,000.
pp. 2–4The claimants appealed, contending that the deceased’s income was fixed too low despite a pay certificate showing earnings of ₹23,500 per month.
pp. 5–6The High Court considered the appeal as one seeking enhancement of compensation.
p. 102Issues
i.1. Whether the Tribunal’s assessment of the deceased’s monthly income at ₹12,000 should be enhanced in calculating loss of dependency.
pp. 5–7ii.2. Whether the compensation awarded under the other heads required modification.
pp. 4, 7–803Law Applied
The appeal was brought under Section 173 of the Motor Vehicles Act, 1988; the claim arose under Sections 166 and 142 of that Act.
pp. 1–2In assessing compensation, the Court applied National Insurance Co. Ltd. v. Pranay Sethi, 2017 (2) TNMAC 758: future prospects are added to income according to the deceased’s age and employment circumstances, and compensation is awarded under conventional heads including consortium, loss of estate and funeral expenses.
p. 7The Court also applied the multiplier method, deducting one-fourth of income for personal and living expenses and using multiplier 17.
p. 7Provisions in the judgment · 3 · Linked ones open on LawLens
Motor Vehicles Act, 1988 Section 173Section 166Section 142
04Reasoning
Although the pay certificate stated that the deceased earned ₹23,500 per month, the claimants did not examine his employer or produce supporting records such as attendance registers or bank statements.
pp. 6–7The Court therefore declined to adopt the certificate’s stated income, but considered the Tribunal’s ₹12,000 assessment inadequate given the deceased’s age and the accident date, and fixed notional monthly income at ₹19,000.
pp. 6–7Applying 40% future prospects, a one-fourth deduction and multiplier 17, the Court calculated loss of dependency at ₹40,69,800.
pp. 7–8It revised the amounts for consortium, loss of estate and funeral expenses under Pranay Sethi, while leaving transportation expenses at ₹10,000.
pp. 7–805Holding
The appeal was partly allowed, and total compensation was enhanced from ₹28,08,400 to ₹42,88,800, with interest at 7.5% per annum from the date of the claim petition until deposit, subject to the Court’s direction that no interest would be payable for any delay period identified in its order dated 22 September 2026.
pp. 8–9The insurer was directed to deposit the amount, less any sum already deposited, within six weeks; the Tribunal’s apportionment and disbursement directions were preserved.
p. 9No costs were ordered.
p. 9Original Court PDF
GaneshwarivsD.Muthulakshmi
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