Madras HC Raises Compensation For Motorcyclist’s Widow And Two Children After 2017 Crash To Rs 17.08 Lakh

The appellants, the deceased’s wife and two children, sought compensation under Section 166 of the Motor Vehicles Act, 1988, for his death following a road accident on 14 August 2017.

The Tribunal found the lorry driver negligent and awarded ₹15,15,200, calculating dependency on a monthly income of ₹14,000, adding 10% for future prospects, deducting one-fourth for personal expenses and applying a multiplier of 11.

The claimants appealed under Section 173, seeking enhancement, particularly on the deceased’s income and the amounts awarded under other heads

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173

In assessing dependency, the Court applied the multiplier method, taking account of the deceased’s income, future prospects, deduction for personal and living expenses, and the appropriate multiplier; it also considered conventional compensation heads.

The judgment cites no precedents or elaborates on statutory rules governing those calculations

The Court considered the deceased’s age, the accident’s 2017 date and the claimants’ evidence that he worked as a supervisor earning ₹25,000 monthly.

It found the Tribunal’s notional income of ₹14,000 too low and fixed it at ₹16,000, added 10% for future prospects, deducted one-third for personal expenses and applied multiplier 11.

On that basis, it assessed loss of dependency at ₹15,48,624, recording the monthly dependency figure as ₹11,732

It found the Tribunal’s awards under the other heads just and reasonable, retaining them, including ₹1,20,000 for consortium/love and affection

The insurer was directed to deposit the enhanced award, less sums already deposited, within six weeks; no interest is payable for any period of delay covered by the Court’s earlier order.

The Tribunal’s apportionment and disbursement directions remain intact, subject to payment of any court fee due on the enhanced amount