CDJ Law Journals

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, seeking to enhance the award along with interest at 7.5% interest from the date of petition in MCOP No.2969 of 2023 by order dated 06.12.2024 on the file of Motor Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai.)

1. This appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Chief Judge, Special Sub Court No.1, Small Causes Court, Chennai in M.C.O.P.No.2969 of 2023, dated 06.12.2024, wherein the claimants are seeking for enhancement of compensation.

2. The first claimant is the wife, second and third claimants are the sons, and fourth claimant is the mother of the deceased Jeevanandham. The case of the claimants is that the deceased Jeevanandham was riding a two-wheeler on 06.05.2023, at Musiri Subramanian Road, Mylapore, and at about 01.50 hours, the offending vehicle, which was a lorry, was parked in the “No Parking Zone” without any indication and the two-wheeler, in which the deceased was travelling, dashed on the lorry, as a result of which the deceased sustained fatal injuries and died on the spot. An FIR came to be registered in Crime No.159 of 2023 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 oral and documentary evidence came to the 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 in parking lorry near the “No Parking Area” without any indicators.

4. The Tribunal having rendered the above finding fixed the total compensation at Rs.23,21,250/- (rounded off to Rs.23,21,500/-) under the following heads:

Sl. No.	Compensation awarded under the head	Amount (in Rs.)
1.	Total Loss of dependency	Rs.21,26,250/-
2.	Loss of Consortium	Rs.1,60,000/-
3.	Loss of Estate	Rs.15,000/-
4.	Funeral Expenses	Rs.15,000/-
5.	Transport Charges	Rs.5,000/-
	Total Rounded off	Rs.23,21,250/- @ Rs.23,21,500/-

The above compensation amount was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the same, the present appeal has been filed before this Court seeking for enhancement of compensation.

5. Heard M/s.P.T.Saleem Fathima, learned counsel appearing on behalf of the appellant – claimant and Mr.P.Suresh Srinivasan, learned counsel appearing on behalf of the second respondent – Insurance Company.

6. This Court carefully considered the submissions made by the learned counsel on either side and the materials available on record. This Court also carefully went through the award passed by the Tribunal.

7. The bone of contention is regarding the notional monthly income that was fixed by the Tribunal at Rs.13,500/- per month while fixing the compensation under the head of loss of income/dependency. The deceased in this case was aged about 41 years and he left behind his wife, two sons and his mother as dependents. Considering the fact that the accident had taken place in the year 2023, this Court is inclined to fix notional monthly income as Rs.20,000/-. Consequently, the compensation under the head of loss of income/dependency is calculated as follows:

Monthly income	:	Rs.20,000/-
Add 25% towards future prospects	:	Rs. 25,000/- (20,000 +5,000)
Multiplier	:	‘14’
Deduction towards his personal expenses	:	¼
Loss of income/dependency	:	Rs.31,50,000/- (25,000 x 12 x 15 x 1/4)

8. This Court is also inclined to enhance the compensation under the head of loss of consortium to Rs.1,76,000/- (Rs.44,000/- x 4). This Court is also inclined to enhance the compensation under the head of loss of estate to Rs.16,500/-, funeral expenses to Rs.16,500/- and transport charges to Rs.10,000/-.

9. In the light of the above modification, the award passed by the Tribunal is modified as follows:

Sl. No.	Compensation awarded under the head	Amount awarded by the Tribunal (in Rs.)	Amount awarded by this Court (in Rs.)
1.	Total Loss of dependency	Rs.21,26,250/-	Rs.31,50,000/-
2.	Loss of Consortium	Rs.1,60,000/-	Rs.1,76,000/-
3.	Loss of Estate	Rs.15,000/-	Rs.16,500/-
4.	Funeral Expenses	Rs.15,000/-	Rs.16,500/-
5.	Transport Charges	Rs.5,000/-	Rs.10,000/-
	Total Rounded off	Rs.23,21,250/- @ Rs.23,21,500/-	Rs.33,69,000/-

10. The compensation awarded by the Tribunal at Rs.23,21,500/- is enhanced to Rs.33,69,000/-. The second respondent - Insurance Company is directed to deposit the enhanced compensation, less the amount already deposited, if any, together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.C.O.P.No.2969 of 2026, on the file of the Motor Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai, within a period of six (6) weeks from the date of receipt of this judgment and on such deposit, the claimants are entitled to withdraw the same on due application as apportioned by the Tribunal. 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 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 claimant.

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

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