C.M.A(MD)No.1054 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15.03.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

C.M.A(MD)No.1054 of 2022

1.Anbarasan

2.Singaram

... Appellants/Petitioners

Vs.

1.M/s.V.K.M.Transports,

No.55/49, South Madavilagam Street,

Karur District.

2.The Branch Manager,

National Insurance Company Limited,

No.63, West Pradhakshnam Road,

Karur.

... Respondents/ Respondents

PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the

Motor Vehicles Act 1988, to modify the judgment and decree, dated

13.08.2018 in M.C.O.P.No.253 of 2016 on the file of the Motor Accident

Claims Tribunal / Principal District Judge, Karur and seeking

enhancement of compensation of Rs.10,00,000/- with interest.

For Appellants

: Mr.N.Sudhagar Nagaraj

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C.M.A(MD)No.1054 of 2022

For R2

: Mr.D.Sivaraman

JUDGEMENT

The present appeal has been filed by the claimants, namely the

parents of the deceased seeking enhancement of the compensation for the

death of their son, who was a 4^th year engineering student in the year

2016.

2. According to the learned counsel appearing for the appellants,

the tribunal has taken Rs.15,000/- as notional income per month of an

engineering college student. However, as per the judgment of the

Division Bench reported in 2021 (1) TN MAC 805 (Reliance General

Insurance Co.Ltd Vs. A.Senthilkumar & Others), the notional monthly

income should be taken at the rate of Rs.18,000/- per month for an

engineering college student. He further contended that the tribunal has

not awarded any amount towards the loss of future prospects of the

deceased. Therefore, he prayed for enhancement of the said award passed

by the tribunal.

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C.M.A(MD)No.1054 of 2022

3. Per contra, the learned counsel appearing for the insurance

company had contended that the fixation of notional income per month

of a student depends upon various facts and circumstances and therefore,

the question of seeking enhancement of monthly notional income would

not arise. He further contended that the company had filed an appeal

even challenging the fixation of Rs.15,000/- as notional income per

month.

4. I have carefully considered the submissions made on either side.

5. The present appeal has been filed by the claimants seeking

enhancement primarily on the fixation of the notional monthly income

and also for not awarding the future prospects. Admittedly, the deceased

was a 4^th year engineering college student when the accident took place

on 09.01.2016. The Hon’ble Division Bench in a judgment reported in

2021 (1) TN MAC 805 (Reliance General Insurance Co.Ltd Vs.

A.Senthilkumar & Others) had taken the monthly notional income at

Rs.18,000/- for an accident that has taken place in the year 2009, in

which an engineering college student had passed away.

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C.M.A(MD)No.1054 of 2022

6. In the present case, the accident has taken place in the year 2016

involving an engineering college student. Therefore, this Court is of the

view that the same Rs.18,000/- (Rupees Eighteen Thousand) could be

fixed as monthly notional income for an engineering college student in

the present case also. However, this Court is not inclined to accept the

plea of the learned counsel appearing for the appellants/claimants that

50% should be enhanced towards future prospects. When the income of a

student itself is notional/speculative, the question of granting future

prospects at the rate of 50% would not be justifiable.

7. However, the deduction towards personal expenses has to be

made at the rate of 50% and hence, the monthly income should be taken

as Rs.9,000/- (Rupees Nine Thousand only) per month. Considering the

facts and circumstances of the case, this Court is of the opinion that

future prospects could be a