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CDJ 2026 MHC 5756 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : C.M.A. No. 1165 of 2025
Judges: THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Parties : Sagunthala & Others Versus The Proprietor My Transport Company Pvt Ltd., Tower -C,Nirwana Courtyard, Nirwana Company, Gurgeon & Another
Appearing Advocates : For the Appellants: P. Dineshkumar, Advocate. For the Respondents: R1, ex-parte.
Date of Judgment : 07-08-2026
Head Note :-
Motor Vehicles Act, 1908 - Section 173 -
Judgment :-

(Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1908, to set aside the award in the judgement and decree dated 03-02-2025 in MCOP.No.1367/2022 on the file of the Motor Accident Claims Tribunal, Special Court for MACT, Krishnagiri.)

1. This appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Special District Court for MACT, Krishnagiri in MCOP No.1367 of 2022, dated 03.02.2025, wherein the claimants are seeking for enhancement of compensation.

2. The first claimant is the wife and claimants 2 to 5 are the children of the deceased Madhappan. The case of the claimants is that the deceased was riding a two wheeler at Krishnagiri to Hosur NH road and at about 17.30 hours when he was proceeding near Chinnar 'U' turn, the offending vehicle belonging to the 1st respondent which was a lorry was driven in a rash and negligent manner and it dashed on the two wheeler as a result of which, the deceased was thrown out of the vehicle and he sustained fatal injuries and he succumbed to the injuries. An FIR came to be registered in Crime No.828 of 2021, against the driver of the offending vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal.

3. The Tribunal on, considering the facts and circumstances of the case and on appreciation of evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.15,59,800 under the following heads:

Compensation awarded under the head

Amount (in Rs.)

Loss of dependency

13,06,800/-

Loss of Estate

16,500/-

Funeral expenses

16,500/-

Loss of Consortium (P1 to P5) Rs.44,000 x 5 = (Rs.2,20,000/-)

2,20,000/-

Total :

15,59,800/-

The compensation was directed to be paid along with interest at the rate of 7.5% p.a. Aggrieved by the same, the present appeal has been filed by the claimants seeking for enhancement of compensation.

4. Heard the learned counsel for the appellants. This Court has carefully perused the materials available on record.

5. The bone of contention is regarding notional income that was fixed by the Tribunal while determining the compensation under the head of loss of income/dependency. The Tribunal fixed the notional income at Rs.12,000/- for an accident which took place in the year 2021 and this Court holds that the said notional income is on the lower side. Considering the year in which the accident had taken place and considering the fact that there are totally five dependents, this Court is inclined to fix notional income at Rs.18,000/- p.m. Consequently, the compensation under the head loss of income/dependency is calculated as follows:

                   Rs.18000/- +(10%)1800 =19,880/- (- 1/4)(4950)= 14,850 x 12 x 11 = = Rs.19,60,200/-

6. The compensation that has been fixed under the other heads are just and reasonable and does not require the interference of this Court.

7. In the light of above discussion, the compensation fixed by the Tribunal is modified as follows:

Compensation awarded under the head

Amount (in Rs.)

Loss of dependency

19,60,200/-

Loss of Estate

16,500/-

Funeral expenses

16,500/-

Loss of Consortium (P1 to P5) Rs.44,000 x 5 = (Rs.2,20,000/-)

2,20,000/-

Total :

22,13,200/-

8. The compensation awarded by the Tribunal at Rs.15,59,800/- is enhanced to Rs.22,13,200/- The 2nd respondent/Insurance Company is directed to deposit the enhanced compensation, 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 a copy of this judgment. Without saying that the pay and recover ordered by the Tribunal is sustained. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. 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 CMA No.2064 of 2026, dated 08.07.2026 shall be strictly complied with respect to disbursement of the compensation amount to the claimants.

9. In the result, this Civil Miscellaneous Appeal is partly allowed. No costs.
 
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