(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, pleased to set aside the award and decree of the Motor Accident Claims Tribunal (Special Subordinate Court) Coimbatore, dated 14.08.2023 in M.C.O.P.No.695 of 2019 in so far as against the disallowed portion of the claim, by enhancing the compensation payable to the appellant and pass such further or other orders as deemed fit and proper in the circumstances of the case.)
1. This appeal has been filed against the award passed by Motor Accident Claims Tribunal (Special Subordinate Court) Coimbatore, in M.C.O.P.No.695 of 2019 dated 14.08.2023, wherein the claimants are seeking for enhancement of compensation.
2. The deceased Ilanthamilan originally filed the claim petition on the ground that on 06.11.2018, he was riding a two-wheeler near Coimbatore Madukarai market and at about 06.00 p.m., the offending vehicle which was a car was driven in a rash and negligent manner and it dashed on the rear side of the two-wheeler. As a result of which, the deceased was thrown out of the vehicle and he sustained grievous injuries. The following procedures were done on deceased:-
1)Right FTP decompressive craniectomy / Temporal hemorrhagic contusion evacuation. Left temporal decompressive craniectomy / ICH evacuation (done on 07.11.2018)
2)Wound Debridement – Right Leg, Right Great Toe. External Fixator Application – right Tibia. K.Wire fixation – Right Great Toe. Primary Suturing – Laceration over Great Toe. 1st Web Space, Anterior Knee (done on 07.11.2018).
3)Re-exploration and Evacuation of right temporal contusion (done on 08.11.2018).
4)Surgical Tracheostomy (done on 14.11.2018).
5)Soleus muscle flap. SSG (done on 14.11.2018).
6)Right FTP surgical wound exploration and drainage of pus. Left surgical wound debridement and suturing (done on 20.11.2018).
7)Wound re-exploration / abscess drainage (done on 26.11.2018).
8)Left VP shunt (done on 20.01.2019).
9)Ulnar Styloid Fracture – Right – Conservative Management.
3. The deceased ilanthamilan succumbed to the injuries on 27.03.2021 and thereafter, the parents of the deceased were substituted and they prosecuted the claim petition as a fatal case.
4. The Tribunal on considering the facts and circumstances of the case and on appreciation of evidence came to the conclusion that the accident had taken place only due to the rash and negligent manner on the part of the driver of the offending vehicle.
5. The Tribunal considering the nature of injuries sustained by the deceased and the various procedures that were done, came to the conclusion that there was a nexus between the accident and the cause of death and hence dealt with the claim petition as a fatal case.
6. The Tribunal fixed the total compensation at Rs.45,87,280/- under the following heads:-
7. The above compensation was directed to be paid along with interest at the rate of 7.5 % per annum. Aggrieved by the same, the present Appeal has been filed by the claimants seeking for enhancement of compensation.
8. Heard the learned counsel for appellants and learned counsel for respondents. This Court has carefully considered the submissions made on either side and also went through the award passed by the Tribunal.
9. The bone of contention is regarding the notional income fixed while determining the compensation under the head of loss of income / dependency and also the compensation granted under the head of attendant charges.
10. In the case in hand, the accident had taken place in the year 2018 and the claimants are the parents of the deceased. Hence, this Court is inclined to fix the notional monthly income at Rs.15,000/-. Accordingly, the compensation under the head of loss of income / dependency is calculated as follows:-
Monthly Income : Rs. 15,000.00
Add: 40% future prospects : Rs. 6,000.00
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Rs. 21,000.00
Less: Personal expenses (1/2) : Rs. 10,500.00
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Rs. 10,500.00 x 12
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Annual income : Rs. 1,26,000.00
Multiplier : x 18
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Loss of income :
Rs.22,68,000.00/-
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11. Insofar as the compensation fixed under the head of attendant charge is concerned, considering the materials available before the Court, this Court is inclined to fix a sum of Rs.3,45,000/-. The compensation that has been fixed under the other heads are just and proper and the same is sustained.
12. In the light of the above discussion, the compensation fixed by the Tribunal is modified as follows:-
13. The compensation awarded by the Tribunal at Rs.45,87,280/- is enhanced to Rs.54,08,280/-. The Insurance Company is directed to deposit the enhanced compensation of Rs.8,21,000/-, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six (6) weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the appellants / claimants will not be entitled for interest for the period of delay of 195 days as was ordered by this Court in C.M.P.No.14765 of 2024, dated 02.01.2026. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants / claimants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. The guidelines issued by the Division Bench of this Court in C.M.A.No.2064 of 2026, dated 08.07.2026 shall be strictly complied with respect to disbursement of the compensation amount to the claimants.
14. In the result, the Civil Miscellaneous Appeal is partly allowed in the above terms. No costs.
