(Prayer: This civil miscellaneous appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow the above Civil Miscellaneous appeal and enhance the award amount in the Order dated 10.03.2020 made in MCOP.No.372 of 2017 on the file of the Motor Accident Claims Tribunal/IV Additional District Judge, Bhavani and thus render justice.)

1. This Civil Miscellaneous Appeal has been filed by the father of the deceased against the award passed by the Motor Accident Claims Tribunal/IV Additional District Judge, Bhavani in MCOP.No.372 of 2017 dated 10.03.2020, seeking for enhancement of compensation and apportionment of the compensation in favour of the appellant.

2. The 4th respondent is the wife and the 5th respondent is the minor daughter of the deceased Thangavel. The appellant is the father of the deceased. The case of the claimant is that on 10.04.2015, the deceased was travelling in a Tipper lorry and at about 5.30 p.m, the 1st respondent operated the lorry hydraulic. As a result of which, the lorry hit the deceased and the deceased sustained grievous injuries and he succumbed to the same. An FIR came to be registered in Crime No.161 of 2015 against the 1st respondent. It is under these circumstances, the claim petition came to be filed before the Tribunal.

3. The Appellant, who was the 4th respondent in the claim petition remained exparte.

4. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the 1st respondent

5. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.11,05,000/- under the following heads :-

                  

6. The above compensation was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the apportionment fixed by the Tribunal only in favour of the wife and children, the claimant/father of the deceased has filed this appeal.

7. Heard Ms.P.Neelavathi, learned counsel for appellant and Mr.S.Senthil Kumar, learned counsel for the 3rd respondent and Mr.Ma.P.Thangavel, learned counsel for respondents 4 and 5.

8. This Court carefully considered the submissions made on either side and the materials available on record.

9. This Court also carefully went through the award passed by the Tribunal.

10. In the case in hand, the accident had taken place in the year 2015. The Tribunal has fixed the notional monthly income of the deceased at Rs.6,500/- per month, which is certainly on the lower side. Considering the fact that the accident had taken place in the year 2015, this Court is inclined to fix the Notional Monthly income at Rs.13,500/-. Considering the age of the deceased, 25% must be added towards future prospects. Consequently, the compensation under the head of loss of income / dependency is calculated as follows :-

                   Monthly Income : Rs. 13,500/-

                   (+) 25% future prospects : Rs. 3,375/-

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                   Rs. 16,875/-

                   Less Personal expenses 1/3 Rs. 5,675/-

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                   Rs. 11,250/-

                   x 12

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                   Annual income : Rs. 1,35,000/-

                   Multiplier : x 15

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                   : Rs.20,25,000/-

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11. The Tribunal has awarded Rs.75,000/- towards loss of consortium to the 4th respondent herein and Rs.40,000/- towards the 5th respondent herein and this Court is inclined to consolidate the same and fix the compensation at Rs.1,20,000/- under the head of loss of consortium (Rs.40,000/- each x 3).

12. The compensation fixed under the other heads are just and reasonable and it does not require the interference of this Court.

13. In the light of the above discussion, this Court modifies the compensation in the following manner:

                  

                       

          14. The compensation awarded by the Tribunal is enhanced from Rs.11,05,000/- to Rs.21,60,000/-. The 3rd respondent Insurance company is directed to deposit the enhanced compensation amount, 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. Out of the compensation, the 4th respondent, who is the wife will be entitled for 40%. Insofar as the 5th respondent minor is concerned, 40% of the compensation amount shall be deposited in a fixed deposit in any one of the Nationalised bank for a period of three years and renewed till the minor attains majority. The balance 20% of the total compensation amount along with accrued interest shall be permitted to be withdrawn by the appellant/claimant. Insofar as the enhanced compensation is concerned, the appellant/claimant will not be entitled for interest for the period of delay of 1918 days as was ordered by this Court in C.M.P.No.2961 of 2026, dated 15.06..2026. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellant. 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.4736 of 2026, dated 06.07.2026 shall be strictly complied with respect to disbursement of the compensation amount to the claimant.

15. In the result, the Civil Miscellaneous Appeal is Allowed in the above terms. No costs.